HomeMy WebLinkAbout5079-06.20.2022 Zoning Ordinace
Ordinance No. 5079
Planning and Zoning Commission Hearing: September 13, 2011
City Council Approval: October 17, 2011
Updated: 6/20/22
City of Waterloo
Zoning Ordinance
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TABLE OF CONTENTS
CHAPTER 1 TITLE AND PURPOSE ............... 1
10-1-1 TITLE AND PURPOSE. ......................... 1
A. Title. ......................................................... 1
B. Purpose. .................................................. 1
C. Authority. .................................................. 1
CHAPTER 2 INTERPRETATION OF
STANDARDS ................................................. 1
10-2-1 INTERPRETATION OF STANDARDS. .... 1
10-2-2 INTERPRETATION PERTAINING TO
FLOOD PLAIN MANAGEMENT. ............. 1
CHAPTER 3 DEFINITIONS ............................. 1
10-3-1 DEFINITIONS. ....................................... 1
CHAPTER 4 DISTRICT AND
BOUNDARIES ............................................. 22
10-4-1 CLASSIFICATION OF DISTRICTS...... 22
10-4-2 CLASSIFICATION OF FLOOD PLAIN
OVERLAY DISTRICTS.......................... 23
10-4-3 FINDING OF FACT. .............................. 23
10-4-4 DISTRICT BOUNDARIES AND
OFFICIAL ZONING MAPS. ................... 23
10-4-5 ESTABLISHMENT OF OFFICIAL
FLOOD PLAIN ZONING MAP. .............. 24
10-4-6 PURPOSE OF FLOOD PLAIN
(OVERLAY) DISTRICTS. ...................... 24
10-4-7 INTERPRETATION OF DISTRICT
BOUNDARIES. ..................................... 24
10-4-8 FUTURE ANNEXATION OF
TERRITORY. ......................................... 25
10-4-9 RIGHT OF WAY VACATION................. 25
CHAPTER 5 GENERAL REGULATIONS...... 25
10-5-1 GENERAL REGULATIONS. ................ 25
A. Conformance Required. ........................ 25
B. Non-Conforming Uses of Land, Non-
Conforming Structures, Non-
Conforming Uses of Structures and
Premises, and Non-Conforming Lots. ... 25
C. Fences. .................................................. 29
D. Home Occupations. ............................... 30
E. Accessory Structures. ............................ 32
F. Corner Lots. ........................................... 35
G. Visibility at Intersections in Residential
Districts. ................................................. 35
H. Front Yard. ............................................. 36
I. Required Yard Cannot be Reduced. ...... 36
J. Building Lines on Approved Plats. ......... 36
K. Building or Development Permits. ......... 36
L. Zoning District Dividing Property. ........... 36
M. Erection of More Than One (1)
Principal Structure on a Lot. .................. 37
N. Conditional Zoning. ................................ 37
O. Street Frontage Required. ..................... 39
P. Dwelling Standards. ............................... 39
Q. Site Plan Required. ................................ 39
R. Proposed Use Not Covered by Title. ..... 40
S. Landscaping Regulations. ..................... 40
CHAPTER 6 “A-1” AGRICULTURAL
DISTRICT .................................................... 42
10-6-1 REGULATIONS. .................................. 42
A. Principal Permitted Uses: ...................... 42
B. Accessory Uses: .................................... 44
10-6-2 HEIGHT REGULATIONS. .................... 44
CHAPTER 7 “R-R” RURAL RESIDENCE
DISTRICT .................................................... 44
10-7-1 PURPOSE. ........................................... 44
10-7-2 REGULATIONS. .................................. 45
A. Principal Permitted Uses: ...................... 45
B. Accessory Uses: .................................... 45
10-7-3 HEIGHT REGULATIONS. .................... 45
10-7-4 BULK REGULATIONS. ........................ 45
CHAPTER 8 “R-1” ONE AND TWO
FAMILY RESIDENCE DISTRICT ................ 46
10-8-1 REGULATIONS. .................................. 46
A. Principal Permitted Uses: ...................... 46
B. Accessory Uses: ................................... 47
10-8-2 HEIGHT REGULATIONS. .................... 48
10-8-3 BULK REGULATIONS. ........................ 48
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CHAPTER 9 “R-2” ONE AND TWO
FAMILY RESIDENCE DISTRICT ................. 48
10-9-1 REGULATIONS. .................................. 48
A. Principal Permitted Uses: ...................... 49
B. Accessory Uses:.................................... 49
10-9-2 HEIGHT REGULATIONS. .................... 49
10-9-3 BULK REGULATIONS. ....................... 49
CHAPTER 10 “R-3” MULTIPLE
RESIDENCE DISTRICT .............................. 49
10-10-1 REGULATIONS. ................................ 49
A. Principal Permitted Uses: ...................... 50
B. Accessory Uses:.................................... 50
10-10-2 HEIGHT REGULATIONS. .................. 50
10-10-3 BULK REGULATIONS. ...................... 51
CHAPTER 11 “R-4” MULTIPLE
RESIDENCE DISTRICT .............................. 51
10-11 -1 REGULATIONS. ................................ 51
A. Principal Permitted Uses: ...................... 52
B. Accessory Uses:.................................... 52
10-11 -2 HEIGHT REGULATIONS. .................. 53
10-11 -3 BULK REGULATIONS....................... 53
CHAPTER 12 ”R-P” PLANNED
RESIDENCE DISTRICT .............................. 54
10-12-1 GENERAL REGULATIONS. .............. 54
A. Intent. .................................................... 54
B. Uses Permitted. ..................................... 54
C. Procedure. ............................................. 54
D. Standards. ............................................. 57
E. Deed Restrictions. ................................. 57
F. Commencement and Completion. ........ 57
G. Land Usage. .......................................... 58
H. Platting Required. .................................. 58
CHAPTER 13 “S-1” DISTRICT
REGULATIONS (SHOPPING CENTER
COMMERCIAL DISTRICT) .......................... 58
10-13-1 REGULATIONS. ................................ 58
A. Procedures. ........................................... 58
B. Standards. ............................................. 59
C. Completion. ........................................... 59
D. Minor Site Plan Amendments. ............... 60
CHAPTER 14 “C-1” NEIGHBORHOOD
COMMERCIAL DISTRICT .......................... 60
10-14-1 REGULATIONS. ................................ 60
A. Principal Permitted Uses: ...................... 60
B. Accessory Uses: .................................... 62
C. Height Regulations. ............................... 62
10-14-2 BULK REGULATIONS. ...................... 62
CHAPTER 15 “C-2” COMMERCIAL
DISTRICT .................................................... 63
10-15-1 REGULATIONS. ................................ 63
A. Principal Permitted Uses: ...................... 63
B. Accessory Uses: .................................... 66
10-15-2 BULK REGULATIONS. ..................... 66
CHAPTER 16 “C-P” PLANNED
COMMERCIAL DISTRICT .......................... 67
10-16-1 GENERAL REGULATIONS. ............. 67
A. Intent. ..................................................... 67
B. Uses Permitted. ..................................... 68
C. Procedure. ............................................. 68
D. Standards. ............................................. 71
E. Deed Restrictions. ................................. 71
F. Commencement and Completion. ......... 71
G. Land Usage. .......................................... 72
H. Platting Required. .................................. 72
10-16-2 BULK REGULATIONS. ....................... 72
CHAPTER 17 “B-P” BUSINESS PARK
DISTRICT .................................................... 73
10-17-1 GENERAL REGULATIONS.................. 73
A. Intent. ..................................................... 73
B. Uses Permitted. ..................................... 73
C. Procedure. ............................................. 74
D. Standards. ............................................. 76
E. Deed Restrictions. ................................. 77
F. Commencement and Completion. ......... 77
G. Land Usage. .......................................... 77
H. Platting Required. .................................. 77
10-17-2 BULK REGULATIONS. ...................... 77
CHAPTER 18 “C-3” CENTRAL BUSINESS
DISTRICT .................................................... 78
10-18-1 REGULATIONS. ................................ 78
A. Principal Permitted Uses: ...................... 78
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B. Accessory Uses:.................................... 79
10-18-2 BULK REGULATIONS. ...................... 79
CHAPTER 19 “M-1” LIGHT INDUSTRIAL
DISTRICT ..................................................... 79
10-19-1 REGULATIONS. ................................. 79
A. Principal Permitted Uses: ...................... 80
B. Accessory Uses:.................................... 81
10-19-2 REQUIRED CONDITIONS................. 82
10-19-3 BULK REGULATIONS. ..................... 82
CHAPTER 20 “M-2” HEAVY INDUSTRIAL
DISTRICT ..................................................... 82
10-20-1 REGULATIONS. ................................ 82
A. Principal Permitted Uses: ...................... 83
B. Accessory Uses:.................................... 83
C. Required Conditions. ............................. 84
10-20-2 BULK REGULATIONS. ..................... 84
CHAPTER 21 “M-2,P” PLANNED
INDUSTRIAL DISTRICT .............................. 85
10-21-1 REGULATIONS. ................................ 85
B. Principal Permitted Uses: ...................... 85
C. Required Conditions. ............................. 85
CHAPTER 22 FLOODWAY AND FLOOD
PLAIN DISTRICTS ...................................... 87
10-22-1 REGULATIONS. ................................ 87
A. General Regulations. ............................. 87
10-22-2 “F-W” FLOODWAY (OVERLAY)
DISTRICT. ............................................. 88
A. Principal Permitted Uses. ...................... 88
B. Conditional Uses. .................................. 89
C. Performance Standards. ....................... 89
10-22-3 “F-F” FLOODWAY FRINGE
(OVERLAY) DISTRICT. ......................... 90
A. Permitted Uses. ..................................... 90
B. Performance Standards. ....................... 90
10-22-4 “F-P” GENERAL FLOOD PLAIN
(OVERLAY) DISTRICT. ......................... 93
A. Principal Permitted Uses. ...................... 93
B. Conditional Uses. .................................. 94
C. Performance Standards. ....................... 94
10-22-5 “S-F” SHALLOW FLOODING
(OVERLAY) DISTRICT. ......................... 94
A. Permitted Uses. ..................................... 94
B. Performance Standards. ........................ 94
CHAPTER 23 “H-C” HIGHWAY 218
CORRIDOR OVERLAY DISTRICT ............. 95
10-23-1 GENERAL REGULATIONS. ............... 95
A. Boundaries. ........................................... 95
B. Purpose and Intent. ............................... 95
C. Definitions. ............................................. 95
D. Administrative Regulations. ................... 96
E. Alternative Compliance. ......................... 97
F. Landscape Requirements. ..................... 97
G. Sign Regulations.................................. 100
H. Design Review Board. ......................... 102
I. Screening/Fencing. .............................. 106
J. Setback Requirements. ....................... 107
K. Use Restrictions. ................................. 108
CHAPTER 24 “H-C” HIGHWAY 20
CORRIDOR OVERLAY DISTRICT ........... 109
10-24-1 GENERAL REGULATIONS. ............. 109
A. Boundaries. ......................................... 109
B. Purpose and Intent. ............................. 109
C. Definitions. ........................................... 110
D. Administrative Regulations. .................. 111
E. Alternative Compliance. ........................ 111
F. Landscape Requirements. ................... 112
G. Sign Regulations.................................. 114
H. Screening/Fencing. .............................. 117
I. Setback Requirements. ....................... 117
J. Use Restrictions. ................................. 118
CHAPTER 24A ALCOHOL SALES USE
OVERLAY DISTRICTS ............................... 118
10-24A-1 GENERAL REGULATIONS. .......... 118
A. Boundaries. ......................................... 118
B. Purpose and Intent. ............................. 118
C. Administrative Regulations. ................. 118
D. Use Restrictions. ................................. 118
CHAPTER 25 VEHICULAR USE, PARKING
AND LOADING AREAS, PUBLIC
GARAGES, PARKING LOTS AND
FILLING STATIONS. ................................. 120
10-25-1 OFF-STREET LOADING SPACES
REQUIRED. ......................................... 120
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A. Regulations. ........................................ 121
10-25-2 OFF-STREET PARKING AREA
REQUIRED. ........................................ 121
A. Scope of Regulations. ......................... 121
B. General Requirements. ....................... 121
C. Design and Maintenance. .................... 125
D. Parking Space(s) Required. ................ 126
10-25-3 FILLING STATIONS, PUBLIC
GARAGES AND PARKING LOTS. ..... 131
CHAPTER 26 OUTDOOR ADVERTISING
SIGNS AND BILLBOARDS ....................... 132
10-26-1 OUTDOOR ADVERTISING SIGNS
AND BILLBOARDS. ........................... 132
A. General Intent. ..................................... 132
B. Definitions. ........................................... 132
C. Regulation of All Signs. ....................... 134
CHAPTER 27 SPECIAL PROVISIONS,
EXCEPTIONS AND MODIFICATIONS ...... 144
10-27-1 SPECIAL PROVISIONS,
EXCEPTIONS AND MODIFICATIONS.144
A. Use of Existing Lots of Record. ........... 144
B. Structures Permitted Above Height
Limit. .................................................... 145
C. Area Requirements. ............................ 146
D. Double Frontage Lots. ......................... 146
E. Rear and Side Yards—How Computed.
............................................................ 146
F. Other Exceptions to Yard
Requirements. ..................................... 147
G. Existing Unenclosed Porch, New Deck
or Unenclosed Porch. .......................... 147
H. Special Permit Required. ..................... 148
I. Urban Renewal Plans. ......................... 155
J. Appeal of Minimum Lot Width. ............ 155
K. Subdividing of Lots. ............................. 155
L. Solar Collector Systems. ..................... 155
M. Placement of Mobile Home. ................ 156
N. Adult Uses. .......................................... 156
O. Towers and Wireless Communication
Facilities. ............................................. 157
P. Buffers Required. ................................ 166
Q. Alcohol Sales Uses. ............................ 166
R. Limited Alcohol Sales Uses. ................ 167
S. Utility Exemption. ................................. 168
T. Wind Energy Facilities. ........................ 169
U. Urban Animal Hobby Farm (UAHF). .... 181
CHAPTER 28 BOARD OF ADJUSTMENT . 183
10-28-1 APPOINTMENT—MEMBERSHIP. .. 183
10-28-2 RULES—MEETINGS—GENERAL
PROCEDURE. ..................................... 184
10-28-3 JURISDICTION—POWERS. ........... 184
10-28-4 SPECIAL PERMITS, APPEALS,
AND VARIANCES................................ 185
A. Special Permits. ................................... 185
B. Appeals. ............................................... 186
C. Variances. ............................................ 187
D. Factors upon which the decision of the
Board shall be based. .......................... 188
E. Conditions Attached To Special
Permits, Conditional Uses Or
Variances. ............................................ 188
10-28-5 HEARINGS AND DECISIONS OF
THE BOARD OF ADJUSTMENT. ........ 189
A. Hearings. ............................................. 189
B. Decisions. ............................................ 189
C. Appeals to the Court. ........................... 189
CHAPTER 29 PLANNING,
PROGRAMMING, AND ZONING
COMMISSION ........................................... 189
10-29-1 APPOINTMENT – MEMBERSHIP.... 189
10-29-2 RULES - MEETINGS - GENERAL
PROCEDURE. ..................................... 190
10-29-3 POWERS AND DUTIES. .................. 190
CHAPTER 30 OTHER PERMITS ................ 191
10-30-1 PERMITS. ........................................ 191
A. Occupancy Permits. ............................ 191
B. Flood Plain Development Permit. ........ 191
C. Floodproofing Measures. ..................... 192
D. Iowa Department of Natural
Resources - Required Developmental
Approval............................................... 193
CHAPTER 31 SITE PLANS ........................ 193
10-31-1 SITE PLANS. ................................... 193
CHAPTER 32 AMENDMENTS .................... 194
10-32-1 AMENDMENTS. ............................... 194
10-32-2 VIOLATION AND PENALTIES. ........ 195
10-32-3 ENFORCEMENT. ............................. 196
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10-32-4 VALIDITY. ........................................ 196
10-32-5 FEES. ............................................... 196
CHAPTER 33 DUTIES AND
RESPONSIBILITIES OF THE CITY
PLANNER OR OFFICIAL DESIGNEE ..... 196
10-33-1 INFORMATION TO BE OBTAINED
OR MAINTAINED. ............................... 196
CHAPTER 1
TITLE AND PURPOSE 10-1-1 TITLE AND PURPOSE.
1
CHAPTER 1
TITLE AND PURPOSE
[Ordinance 3196, 2/22/82]
10-1-1 TITLE AND PURPOSE.
A. Title.
This Ordinance shall be known and may
be cited and referred to as the “Zoning O rdi-
nance” of the City of Waterloo, Iowa.
B. Purpose.
The purpose of this Ordinance shall be to
promote the health, safety, morals, order,
convenience, prosperity and general welfare;
to conserve and protect the value of property
throughout the City and to encourage the
most appropriate use of land; to lessen con-
gestion in the streets; to prevent the ove r-
crowding of land; to avoid undue concentra-
tion of population; and to facilitate the ad e-
quate provision of transportation, water,
sewerage, schools, parks and other public re-
quirements.
C. Authority.
This Ordinance is adopted in accordance
with the City of Waterloo Comprehensive
Plan, as amended, and as permitted and sp e-
cifically authorized in Chapter 414, City Zon-
ing, Code of Iowa, as amended.
CHAPTER 2
INTERPRETATION OF
STANDARDS
10-2-1 INTERPRETATION OF
STANDARDS.
In their interpretation and application, the
provisions of this Ordinance shall be held to
be the minimum requirements and shall be
liberally construed in favor of the governing
body and shall not be deemed a limitation or
repeal of any other powers granted by State
statutes. Where provisions or requirements
of this Ordinance conflict, the most restrictive
provision or requirements applies, unless
otherwise specified.
10-2-2 INTERPRETATION PERTAINING
TO FLOOD PLAIN MANAGEMENT.
[Ordinance 3487, 6/15/87]
In their interpretation and application, the
provisions of this Ordinance shall be held to
be the minimum requirements and shall be
liberally construed in favor of the governing
body and shall not be deemed a limitation or
repeal of any other powers granted by State
statutes. Where provisions or requirements
of this Ordinance conflict, the most restrictive
provision or requirement applies, unless oth-
erwise specified. [Ordinance 5049, 6/20/11]
CHAPTER 3
DEFINITIONS
[Ordinance 3175, 12/14/81]
[Ordinance 3378, 12/17/84]
10-3-1 DEFINITIONS.
For the purpose of this Ordinance, certain
terms and words are hereby defined. Words
used in the present tense shall include the
future, the singular number shall include the
plural and the plural number includes the
singular; the word “shall” is mandatory, the
word “may” is permissive; and the word
“person” includes a firm, association, organi-
zation, partnership, trust, company, or corp o-
ration as well as an individual; the words
“used” or “occupied” include the words in-
tended, designed, or arranged to be used or
occupied. The word “lot” includes the words
plot or parcel.
Abutting: Having property or district
lines in common, adjoining. [Ordinance 5417,
8/28/17]
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
2
Accessory Structure: A structure located
on the same lot with the principal use or
principal structure, occupied by or devoted to
an accessory use, or on an abutting vacant lot
when legally combined to the lot with the
principal use or principal structure with a
recorded restrictive covenant. Where an ac-
cessory structure is attached to the principal
structure in a substantial manner, as by a wall
or roof, such accessory structure shall be con-
sidered part of the principal structure, and
subject to all yard requirements contained
herein.
Accessory Use: A use customarily inci-
dental and subordinate to the principal use or
structure and located on the same lot there-
with. In no case shall such accessory use
dominate, in area, extent, or purpose the
principal lawful use or structure.
Actuarial Rates: Or “risk premium rates”
are those rates established by the Administr a-
tor pursuant to individual community studies
and investigations which are undertaken to
provide flood insurance in accordance with
42 U.S.C. 4014 and the accepted actuarial
principles. Actuarial rates include provisions
for operating costs and allowances.
Adjacent: Nearby, not distant, may or
may not have common property or district
lines.
Adult Businesses/Adult Uses: [Ordinance
3642, 5/1/89] The following definitions shall
govern the interpretation of the regulations of
adult uses.
1. Adult book or video store. An estab-
lishment having twenty-five (25) per-
cent or more of the retail floor space
presently being used by said business
or twenty-five (25) percent or more of
the gross business income derived
from or attributable to printed matter,
pictures, slides, records, audio tapes,
video tapes or motion picture films,
which are distinguished or character-
ized by an emphasis on matter depict-
ing, describing or relating to “speci-
fied sexual activities” or “specified
anatomical areas,” as hereinafter de-
fined.
A building or portion thereof, that en-
gages in the renting, selling, presenta-
tion, publication, or distribution of
adult products as described herein
shall not publicly display such mate-
rials and/or products so that they are
described, displayed, visible, or ad-
vertised from the exterior of the build-
ing if said use is to be operated as a
non-adult book or video store with
less than twenty-five (25) percent of
floor space/gross income as described
herein.
2. Adult cabaret. Any establishment
which excludes minors by virtue of
age wherein the entertainment is dis-
tinguished or characterized by an em-
phasis on the presentation, display,
depiction or description of “specified
sexual activities” or “specified ana-
tomical areas.”
3. Adult conversation parlor. Any estab-
lishment which excludes minors by
reason of age and which provides the
service of engaging in or listening to
conversation, talk or discussion, if
such service is distinguished or char-
acterized by an emphasis on “speci-
fied sexual activities” or “specified
anatomical areas.”
4. Adult health/sport club. A
health/sport club which excludes mi-
nors by reason of age, or if such club
is distinguished or characterized by
an emphasis on “specified sexual ac-
tivities” or “specified anatomical are-
as.”
5. Adult massage parlor. A massage par-
lor which restricts minors by reason of
age, or if such club is distinguished or
characterized by an emphasis on
“specified sexual activities” or “speci-
fied anatomical areas.”
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
3
6. Adult mini-motion picture theater. A
building or portion of a building with
a capacity for less than 50 persons
used for presenting material if such
building or portion of a building as a
prevailing practice excludes minors by
virtue of age, or if such material is dis-
tinguished or characterized by an e m-
phasis on the depiction or description
of “specified sexual activities” or
“specified anatomical areas” for o b-
servation by patrons therein.
7. Adult motion picture theater. A build-
ing or portion of a building with a ca-
pacity of 50 or more persons used for
presenting material if such building or
portion of a building as a prevailing
practice excludes minors by virtue of
age, or if such material is distin-
guished or characterized by an e m-
phasis on the depiction or description
of “specified sexual activities” or
“specified anatomical areas” for o b-
servation by patrons therein.
8. Adult steam room/bathhouse facility.
A building or portion of a building
used for providing a steam bath or
heat bathing room used for the pur-
pose of pleasure, bathing, relaxation,
reducing, utilizing steam or hot air as
a cleaning, relaxing or reducing agent
if such building or portion of a build-
ing restricts minors by reason of age
or if the service provided by the steam
room/bathhouse facility is distin-
guished or characterized by an e m-
phasis on “specified sexual activities”
or “specified anatomical areas.”
9. Adult uses. Adult uses include, but
are not limited to, adult book and vid-
eo stores, adult motion picture thea-
ters, adult mini-motion picture thea-
ters, adult massage parlors, adult
steam room/bathhouse facilities,
adult rap/conversation parlors, adult
health/sport clubs, adult cabarets,
and other premises, enterprises, bus i-
nesses, private clubs/establishments
or places open to some or all members
of the public, at or in which there is an
emphasis on the presentation, display,
depiction or description of “specified
sexual activities” or “specified ana-
tomical areas” which are capable of
being seen by members of the public.
No adult use shall display, describe or
make visible from the exterior of the
premises any product, medium of
communication, or activity that de-
picts or describes “specified sexual ac-
tivities” or “specified anatomical are-
as.”
10. Protected uses. Protected uses as here-
in defined.
11. “Specified anatomical areas” shall in-
clude the following:
a. Less than completely and opaque-
ly covered: (a) human genitals, (b)
pubic region; (c) buttock, and (d)
female breast below a point im-
mediately above the top of the
areola; and
b. Human male genitals in a discern-
ible rigid state even if completely
and opaquely covered.
12. “Specified sexual activities” shall in-
clude the following:
a. Human genitals in a state of sexu-
al stimulation or arousal;
b. Acts of human masturbation, sex-
ual intercourse or sodomy; or
c. Fondling or other erotic touching
of human genitals, pubic region,
buttock or female breast.
Alcohol Sales Uses: The following defini-
tions shall govern the interpretation of the
regulation of alcohol sales uses:
1. Alcohol - Protected Uses: Protected
uses as herein defined.
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
4
2. Alcohol Sales: The sale of alcohol and
alcoholic beverages, as each such term
is defined in Chapter 123 of the Iowa
Code, including but not limited to (i)
liquor, beer or wine in closed contain-
ers intended for off-premise consump-
tion, and (ii) liquor, cocktails, shots,
wine, beer and any part of an alcoho l-
ic beverage intended for on-site con-
sumption.
3. Alcohol Sales Use: Any business that
derives income from alcohol sales.
Alcohol sales uses shall be classified
as one of the following:
a. Incidental Alcohol Sales Use,
which shall include (i) a club or
hotel or motel as such terms are
defined in Section 3-2-2 of the
Code of Ordinances, (ii) an open-
air event of not more than five
days’ duration that is open to the
general public, (iii) golf courses
and publicly owned sports com-
plexes or facilities, (iv) non-profit
educational institutions or muse-
ums hosting special events in
support of the organization, or (v)
other similar incidental alcohol
sales uses as determined by the
City Planner or designee. No reg-
ulations under this Ordinance that
are applicable to alcohol sales uses
generally shall apply to an inci-
dental alcohol sales use.
b. Limited Alcohol Sales Use (off-
premise consumption), which shall
include an alcohol sales use such
as a convenience store, gas station,
grocery store, or pharmacy, pro-
vided that more than sixty (60)
percent of its gross income is de-
rived from, and more than seven-
ty-five (75) percent of its retail
floor space is devoted to, the sale
of merchandise, services for on-
premises enjoyment, food, and
beverages other than alcoholic
beverages, in either case not in-
cluding the sale of tobacco prod-
ucts, lottery tickets, or pumped
vehicle fuels such as gasoline, die-
sel and similar products, and pro-
vided further that not more than
twenty-five (25) percent of its
gross income as so determined is
derived from the sale of alcoholic
beverages other than beer or wine.
c. Limited Alcohol Sales Use (on-
premise consumption), which shall
include (i) a restaurant that is an
alcohol sales use, provided that
more than fifty (50) percent of its
gross income shall be derived
from the sale of prepared food and
non-alcoholic beverages, and (ii)
an alcohol sales use providing fa-
cility and product or services rent-
al, such as a bowling alley, in
which case more than fifty (50)
percent of its gross income shall be
derived from the facility, product,
or service rental and the sale of
prepared food and non-alcoholic
beverages. This use classification
shall not include dance halls, night
clubs or similar facilities that pro-
vide no or limited rentals, pre-
pared food or product sales other
than alcoholic beverages. For
purposes of this Ordinance, any
alcohol sales use with on-premise
consumption that fails to meet the
gross income standards stated
above shall be classified as a
bar/tavern/night club and regu-
lated as a non-limited alcohol sales
use (on-premise consumption).
d. Non-Limited Alcohol Sales Use
(off-premise consumption), which
shall include any alcohol sales use
for off-premise consumption that
does not meet the definition of ei-
ther an incidental alcohol sales use
or a limited alcohol sales use (off-
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
5
premise consumption), commonly
known as a liquor store or similar
establishment.
e. Non-Limited Alcohol Sales use
(on-premise consumption), which
shall include any alcohol sales use
with on-premise consumption that
does not meet the definition of ei-
ther an incidental alcohol sales use
or a limited alcohol sales use (on-
premise consumption), commonly
known as a bar, tavern, night club,
dance hall or similar establish-
ment.
Alley: A public way, other than a street,
affording secondary means of access to abu t-
ting property.
Animals, Farm: Animals other than
household pets, such as livestock, that, where
permitted, are kept and maintained for co m-
mercial production and sale, family food or
by-product production, and/or educational
or recreational purposes.
Animals, Household Pet: Includes, but is
not limited to, dogs, cats, rabbits (when
housed within a dwelling), birds, hamsters,
and other similar animals kept for family en-
joyment or companionship, and not for co m-
mercial or economic reasons. See also “Ken-
nel”. [Ordinance 5417, 8/28/17]
Animals, Livestock: Includes, but is not
limited to, horses, cows, pigs, sheep, chickens
and poultry (excluding roosters), goats, os-
triches, rheas, emus, farm deer, and other
similar animals that are typically raised for
meat, wool, eggs, milk or other functional or
economic uses. Roosters, camel, guinea, fal-
con, or any exotic animals as determined in
the reasonable discretion of the City Planner
or designee shall be prohibited within the
City of Waterloo. Swine (including pot belly
pigs) shall be prohibited within the City of
Waterloo except as provided in Section 5-1-2
of the Code of Ordinances [Ordinance 5417,
8/28/17]
Amendment: A change, supplement, revi-
sion or reclassification in the Zoning Ordi-
nance. An amendment can take three (3)
forms: (1) a comprehensive revision or modi-
fication of the zoning text and map; (2) a text
change in zone requirements; and (3) a
change in the map, i.e., the zoning desig -
nation of a particular parcel or parcels.
Apartment: A dwelling unit in a multiple
dwelling.
Apartment Hotel: A building containing
both dwelling units and rooming units, used
primarily for permanent occupancy.
Apartment House: See Dwelling, Multi-
ple.
Auction Establishments: Any property or
structure devoted to public auction or sales,
two (2) or more times a year, for selling of
private property or consigned goods , except
as provided in Section 3-4A-2 of the City
Code.
Base Flood: The flood having one (1) per-
cent chance of being equaled or exceeded in
any given year. (See One Hundred (100) Year
Flood). [Ordinance 5049, 6/20/11]
Basement: A story having part but not
more than one-half (1/2) of its average height
below grade. A basement is counted as a st o-
ry for the purpose of height regulations. A
basement may be used as a habitable floor
subject to the requirements of the currently
adopted Building Code. For floodplain man-
agement purposes only, a basement shall
mean any enclosed area of a building having
its floor or lowest level below ground level
(subgrade) on all sides. [Ordinance 5049,
6/20/11]
Bed and Breakfast: A building other than
a hotel where, for compensation, meals or
lodging are provided on a short-term basis.
Short-term shall be defined as two weeks or
less.
Billboard: “Billboard” as used in this Or-
dinance shall include all structures regardless
of the material used in the construction of the
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
6
same, that are erected, maintained or used for
public display of posters, painted signs, wall
signs, whether the structure is placed on the
wall or painted on the wall itself, pictures or
other pictorial reading matter which adver-
tise a business or attraction which is not ca r-
ried on or manufactured in or upon the pre m-
ises upon which said signs or billboard are
located. Also referred to as an Off-Premise
Advertising Sign. [Ordinance 5395, 04/10/17]
Board of Adjustment: A Board, who un-
der appropriate conditions and safeguards,
makes special exceptions to the terms of the
Ordinances in harmony with its general pur-
pose and intent. This is to be done in accor d-
ance with general or specific rules therein
contained and provide that any property
owner aggrieved by the action of the City in
adoption of such regulations and restrictions
may petition the said Board directly to mod i-
fy regulations and restrictions as applied to
such property owners.
Boarding or lodging House: A building
other than a hotel where for compensation,
meals or lodging and meals are provided for
three (3) or more persons.
Borrow Pit: Any place or premises where
dirt, soil, sand, gravel, or other material is
removed below the grade of surrounding
land, for any purpose other than that neces-
sary and incidental to site grading or building
construction on the same property or contig-
uous property of the same ownership. [Ordi-
nance 5288, 06/15/15]
Building: Any structure designed or in-
tended for the support, enclosure, shelter, or
protection of persons, animals or property,
but not including signs or billboards.
Building, Height of: The vertical distance
from the average grade to the highest point of
the coping of a flat roof, or to the deck line of
a mansard roof, or to the average height of
the highest gable of a pitch or hip roof.
Building Line: A line, usually fixed paral-
lel to the lot line, beyond which a building
cannot extend under the terms of the Zoning
Ordinance. See also “Setback, Required”.
Bulk Stations: Distributing stations
commonly known as bulk or tank stations
commonly used for the storage and distribu-
tion of flammable liquids or liquefied petro-
leum products where the aggregate capacities
of all storage tanks is more than twelve thou-
sand (12,000) gallons. This however is not
limited to flammable liquids, but also could
contain milk, syrups, vinegars and non-
flammable chemicals.
Carport: A roofed structure providing
space for the parking of motor vehicles and
enclosed on not more than two (2) sides. For
the purposes of this Ordinance, a carport at-
tached to a principal building shall be consid-
ered as part of the principal building and sub-
ject to all yard requirements herein.
Car Wash: A building or portion thereof
containing facilities for washing automobiles
or trucks, using production-line methods
with a chain conveyor, blower, steam-
cleaning device, or other mechanical devices
or providing space, water, equipment or soap
for the complete or partial hand washing of
such automobiles or trucks, whether by oper-
ator or by customer.
Cellar: That portion of a building having
more than one-half (1/2) of its average height
below grade. A cellar is not included in com-
puting the number of stories for the purpose
of height measurement. A cellar may be used
as a habitable floor subject to the require-
ments of the currently adopted Building
Code.
Channel: A natural or artificial water-
course of perceptible extent, with a definite
bed and banks to confine and conduct con-
tinuously or periodically flowing water.
Channel flow thus is that water which is
flowing within the limits of a defined chan-
nel.
Child Day Care Center: See Day Nursery
or Nursery School.
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
7
Clinics: A building or buildings used by
physicians and/or dentists, osteopaths, ch i-
ropractors and allied professions for out-
patient care of persons requiring such profes-
sional service.
Commission: Where found in this Ordi-
nance, unless otherwise indicated, this shall
mean the City of Waterloo Planning, Pr o-
gramming and Zoning Commission.
Common Land: A parcel or parcels of
land, together with the improvements there-
on, whether retained in private ownership for
the shared use and enjoyment of the owners
and occupants of the individual building
units in a planned unit development, or ded i-
cated to the general public.
Comprehensive Plan: The document or
series of documents prepared and adopted by
the Commission and City Council setting
forth the policies for the future growth and
development of the community. It serves as
the guide for many growth related decisions,
including land use changes, zoning changes,
growth management and capital improve-
ments programming.
Condominium: Individual ownership of a
unit in a multi-unit structure with certain
parts of a building which would normally be
used by all occupants such as yard, founda-
tions, basements, floors, walls, roofs, hall-
ways, stairways, elevators and all other rela t-
ed common elements.
Conditional Zoning: The attachment of
special conditions of a rezoning request
which are not specifically spelled out in the
text of the Zoning Ordinance (Section 10-5-1
(N)).
Day Care: Day Care, as used in this Or-
dinance, shall be defined as either Family or
Group Day Care, as defined by the Code of
Iowa:
1. Family Day Care means a person or
program which provides child day
care to fewer than seven (7) children
at any one time or fewer than twelve
(12) children at any one time for a pe-
riod of less than two (2) hours, but
shall not do so unless the home does
not provide care at any one time for
more than six (6) children who are not
attending school full time on a regular
basis. In determining the number of
children cared for at any one time in a
registered or unregistered day care
home, if the person who operates or
establishes the home is a child’s par-
ent, guardian, relative, or custodian
and the child is not attending school
full time on a regular basis, the child
shall be considered to be receiving
child day care from the person and
shall be counted as one of the children
cared for in the home.
2. A Group Day Care means a facility
providing child day care for more
than six (6) but fewer than twelve (12)
children, with no more than six (6)
children at one time being less than
six (6) years of age. [Ordinance 3755,
12/10/90]
Day Care Center, Adult: Any private
agency, institution, establishment or place
which provides supplemental care and/or
educational work, other than lodging ove r-
night, for six (6) or more unrelated individu-
als.
Deck: A non-enclosed platform structure
without a solid floor system and without a
roof. Said platform will be comprised of a
permeable plank or board system for the
flooring. For decks located in the front yard,
if a wall is built, it will be comprised of a non-
solid spindle or board design with openings
between boards to provide that no more than
sixty (60) percent of the wall area is enclosed.
For decks not located in the front yard, if a
solid wall is built, it shall not extend more
than forty-two (42) inches above the floor of
the deck. Structures not meeting the defini-
tion of a deck shall be considered an unen-
closed porch or an addition, and shall meet
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
8
the requirements as such. [Ordinance 4386,
10/18/99]
Delayed Deposit Service Use: Any indi-
vidual, group of individuals, partnership, as-
sociation, corporation, or any other business
unit or legal entity that, for a fee, accepts a
check dated subsequent to the date it was
written or accepts a check dated on the date it
was written and holds the check for a period
of time prior to deposit or presentment pu r-
suant to an agreement with, or any represen-
tation made to, the maker of the check,
whether express or implied. The purposes of
this chapter, “check” means a check, draft,
share draft, or other instrument for the pay-
ment of money Such uses are also known as
payday lenders.
Department of Natural Resources (DNR):
Where found in the Ordinance pertaining to
flood management, this shall mean the Iowa
Department of Natural Resources (IDNR), the
State agency that has underlying flood plain
permit authority for the State of Iowa. [Ordi-
nance 3487, 6/15/87] [Ordinance 5049, 6/20/11]
Development: Any man-made change to
improved or unimproved real estate, includ-
ing but not limited to building or other stru c-
tures, mining, dredging, filling, grading, pav-
ing, excavation, or drilling operations.
Drive-In Establishment: See Restaurant.
Dwelling: Any building or portion there-
of which is designed or used exclusively for
residential purposes but not including a tent,
cabin, trailer, mobile home, recreational vehi-
cle, or similar motor vehicle.
Dwelling, Multiple: A residence designed
for or occupied by three (3) or more families,
with separate bathroom or cooking facilities
for each.
Dwelling, Row: Any one of two or more
attached dwellings in a continuous row, each
such dwelling designed and erected as a unit
on a separate lot and separated from one a n-
other by an approved wall or walls. Such
dwellings shall be required to maintain a
compatible exterior appearance of both sides
in terms of the colors and types of siding,
roofing landscaping and other additions such
as shutters, doors, and windows. Any minor
changes shall be similar in design to the de-
sign of the adjoining dwelling unit. Further-
more, any type of damage or destruction to
the dwelling unit, as a part or whole, which
activates an insurance policy shall be first ap-
plied to the replacement, repair, and maint e-
nance of the dwelling unit. All new structures
or existing converted structures shall be re-
quired to meet all applicable codes and ord i-
nances regarding building, fire, water and
utility connections, subdivision, etc. [Ordi-
nance 4618, 6/16/03] For the purposes of this
Ordinance such individual unit on a separate
lot shall not have to meet minimum bulk re-
quirements, including lot area, lot width, lot
frontage, dwelling width, and side yard set-
back, however the overall row dwelling and
total area for all lots to said row dwelling
shall meet all minimum bulk requirements.
[Ordinance 5288, 06/15/15]
Dwelling, Single-Family: A detached res-
idence designed for or occupied by one fami-
ly only.
Dwelling, Two-Family: A residence de-
signed for or occupied by two (2) families on-
ly, with separate bathroom or cooking facili-
ties for each. All residences must meet build-
ing and zoning regulations for proper design,
separation, density, parking, etc. for the
number of dwelling units, including resi-
dences that are converted to add additional
units.
Dwelling Units: A room or group of
rooms which are arranged, designed or used
as living quarters for the occupancy of one
family containing bathroom or kitchen facili-
ties.
Existing Construction: For floodplain
regulation only, any structure for which the
“start of construction” commenced before
07/03/85, the effective date of the first flood-
plain management regulations adopted by
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
9
the City of Waterloo. May also be referred to
as “existing structure”. [Ordinance 5049,
6/20/11]
Factory-Built Home Park or Subdivision:
A parcel or contiguous parcels of land divid-
ed into two or more factory-built home lots
for rent or sale. [Ordinance 3487, 6/15/87] Any
such development that will classify the struc-
tures as non-real estate will require a Special
Permit, as a mobile home park or subdivision.
[Ordinance 5049, 6/20/11]
Factory-Built Housing: A factory-built
structure designed for long-term residential
use. For the purposes of these regulations,
factory-built housing consists of three (3)
types: modular homes, mobile homes, and
manufactured homes.
Factory-Built Structure: Any structure,
designed for residential use, which is wholly
or in substantial part, made, fabricated,
formed or assembled in manufacturing facili-
ties for installation or assembly and installa-
tion, on a building site. For the purpose of
this Ordinance, including floodplain man-
agement, factory-built homes include mobile
homes, manufactured homes and modular
homes and also include park trailers, travel
trailers and other similar vehicles placed on a
site for greater than 180 consecutive days.
[Ordinance 5049, 6/20/11]
Family: One or more persons occupying a
single dwelling unit, provided that unless all
members are related by blood, marriage, or
adoption, no such family shall contain over
four (4) persons. This provision shall not re-
strict children under foster care or exchange
students.
Family Home: Family home providing
care for the mentally or physically dependent
under Iowa Code Chapter 135C or as a child
foster care facility under Iowa Code Chapter
237 to provide room and board, personal
care, rehabilitation services, and supervision
within a family home for not more than eight
(8) mentally or physically dependent individ-
uals. [Ordinance 3959, 7/26/93] [Ordinance
4554, 6/3/02] Family Home shall also refer to
homes for other individuals protected by the
Fair Housing Amendments Act.
Farm: An area comprising thirty-five (35)
acres or more which is used for the growing
of usual farm products, such as vegetables,
fruits, and grain and their storing on the area,
as well as for the raising thereon of the usual
farm poultry and farm animals. The term
“farming” includes the operation of such area
for uses for treating or storing the food pro-
duce, provided, however, that the operation
of any such accessory uses shall be secondary
to that of the normal farming activities and
such accessory uses do not include the feed-
ing of garbage or offal to swine or other ani-
mals.
Farm, Hobby: See Urban Animal Hobby
Farm (UAHF). [Ordinance 5417, 8/28/17]
Farm House: A house located on land
operated as a farm which is, or will be, occu-
pied by a person engaged in agriculture on
that same unit.
Fast Food: See Restaurant.
Feed Lot: Any parcel of land or premises
on which the principal use is the concentrated
feeding within a confined area of cattle, hogs,
or sheep. After January 1, 2018 no new feed
lot shall be established, and no existing feed
lot shall be expanded in area, except those
meeting Urban Animal Hobby Farm (UAHF)
requirements. [Ordinance 5417, 8/28/17]
Fence, Non-Residential: A barrier and/or
structure erected accessory to a non-
residential use and not located in an “R” Dis-
trict intended to provide security, mark a
boundary or a means of landscaping with no
portion of fence extending onto adjacent
property or right-of-way. No such fence
shall be constructed of salvaged material or
use barbed wire, concertina wire, or similar
wire closer than six (6) feet to the ground ex-
cept a fence used purely for agricultural pur-
poses. [Ordinance 4508, 9/4/01]
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
10
Fence, Residential: A barrier and/or
structure erected accessory to a residential
use or in an “R” District intended to provide
security, mark a boundary, or as a mea ns of
landscaping with no portion of fence extend-
ing onto adjacent property or right-of-way.
Such fence shall be constructed of materials
commonly used for landscape fencing such as
masonry block, lumber, chain link, but shall
not include corrugated sheet metal, slats,
tarp, cloth, mesh or similar coverings, barbed
wire, concertina wire or similar wire, salvage
material, or electrified. [Ordinance 4508,
9/4/01] [Ordinance 5395, 04/10/17]
Flood: A temporary rise in the channel
flow or stage that results in overflow of
streams or rivers or from the unusual and
rapid runoff of surface waters from any
source that results in water overflowing and
inundating normally dry lands adjacent to
the channel. [Ordinance 3393, 6/10/85]
Flood Elevation Determinations: A de-
termination of the water surface elevations of
the 100 Year Flood; that is, the level of floo d-
ing that has a one percent (1%) chance of o c-
currence in any given year.
Flood Insurance Rate Map (FIRM): The
official map prepared as part of (but pu b-
lished separately from) the Flood Insurance
Study which delineates both the flood hazard
areas and the risk premium zone applicable
to the community. [Ordinance 3393, 6/10/85]
Flood Insurance Study (FIS): A study ini-
tiated, funded and published by the Federal
Insurance Administration for the purpose of
evaluating in detail the existence and severity
of flood hazards, providing the City with the
necessary information for adopting a flood
plain management program; and esta blishing
actuarial flood insurance rates. [Ordinance
3393, 6/10/85]
Flood Plain: The relatively flat area of low
lands adjoining the channel of a river, stream,
or watercourse which has been or may be
covered by floodwater.
Flood Plain Management: The operation
of an overall program of corrective and pre-
ventive measures for reducing flood damage,
including but not limited to emergency pre-
paredness plan, flood control works and
flood plain management regulations.
Flood Protection System: Those physical
structural works constructed specifically to
modify flooding in order to reduce the extent
of the area within a community subject to a
“special flood hazard.” Such a system typica l-
ly includes levees or dikes. These specialized
modifying works are those constructed in
conformance with sound federal engineering
standards.
Flood Proofing: Any combination of
structural and non-structural additions
changes or adjustments to structures, includ-
ing utility and sanitary facilities, which
would preclude the entry of water. Structural
components shall have the capability of re-
sisting hydrostatic and hydrodynamic loads
and the effect of buoyancy.
Floodway: The channel of a river or
stream and those portions of the flood plains
adjoining the channel, which are reasonably
required to carry and discharge flood waters
or flood flows associated with the Regulatory
Flood, so that confinement of flood flows to
the floodway area will not result in substan-
tially higher flood levels and flow velocities.
[Ordinance 3393, 6/10/85]
Floodway Fringe: The land adjacent to a
body of water between the Floodway and the
outer (landward) limits of the flood as d e-
fined by the Regulatory Flood as delineated
on the official flood plain zoning map. [Ordi-
nance 3393, 6/10/85]
Floor Area: Is the area included within
the surrounding exterior walls of building or
portion thereof, exclusive of vent shafts and
courts. The floor area of a building, or portion
thereof, not provided with surrounding exte-
rior walls shall be the useable area under the
horizontal projection of the roof or floor
above.
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
11
Floor Area Ratio: The gross floor area of
all buildings on a lot divided by the lot area
on which the building or buildings are loca t-
ed.
Floor Space: As to adult uses and alcohol
sales uses for which this Ordinance imposes a
limitation on allowable floor space dedicated
to such uses, the percentage of floor space so
used shall be determined by a fraction, the
numerator of which is the total square foo t-
age of interior retail floor space occupied by
free-standing adult materials or alcohol
products and by shelving, counters and other
displays on which such adult materials and
alcohol products are stored, stacked, a r-
ranged, displayed or otherwise advertised for
sale or available for rental or purchase, and
the denominator is the total square footage o f
interior retail floor space in the establishment.
No area that is not within an enclosed stru c-
ture shall be included in determining retail
floor space. Retail floor space includes en-
closed display cases. The numerator shall
include one-half of the open floor space be-
tween shelving, counters, cases and other
displays, and all floor space lying beneath
and within the outer edges of any shelving,
counter, case or other display, regardless of
the actual floor space that is physically occu-
pied.
Foster Child Care: Care and education of
not more than five (5) children unrelated to
the residents by blood or adoption.
Freestanding Commercial Parking Lot: A
parking area that is the principal permitted
use of a property and is not primarily acces-
sory to any other principal permitted use.
[Ordinance 5288, 06/15/15]
Front Lot Line: The narrowest dimension
of the lot lines abutting a street, or the lot line
that the principal structure faces if no lot line
abuts a street, public or private. For double
frontage lots, the front lot line shall be the
street lot line that the principal structure faces
or is addressed from.
Gaming Facility: A facility for the use of
gaming, pari-mutuel gaming, gambling,
and/or the entertainment through use of
games, including but not limited to, poker,
roulette, slot machines, blackjack, and other
games of chance, etc. This definition shall
include those gaming facilities both licensed
by the State of Iowa Racing & Gaming Com-
mission and other gaming facilities which
may not be licensed by the State of Iowa Rac-
ing & Gaming Commission. [Ordinance 4735,
10/18/04]
Garage, Private: An enclosed structure
intended for and used for the parking of the
private motor vehicles of the families resident
upon the premises. For the purposes of this
Ordinance, a garage attached to a principal
structure shall be considered as part of the
principal structure and subject to all yard re-
quirements contained herein.
Gas Stations: Any building or premises
used for the retail sale of liquefied petroleum
products for the propulsion of motor vehicles
and may include such products as kerosene,
fuel oil, packaged naphtha, lubricants, tires,
batteries, anti-freeze, motor vehicle accesso-
ries, and other items customarily associated
with the sale of such products; for the render-
ing of services and making of adjustments
and replacement to motor vehicles, and the
washing, waxing, and polishing of motor ve-
hicles, as incidental to other services ren-
dered; and the making of repairs to motor
vehicles except those of major type. Repairs
of a major type are defined to be spray pain t-
ing, body, fender, clutch, transmission, differ-
ential, axle, spring and frame repairs, major
overhauling of engines, requiring the removal
of engine cylinder head or crankcase pan, re-
pairs to radiators requiring the removal
thereof, or complete recapping or retrea ding
of tires.
Group Home: A facility that is not regu-
lated under Chapters 135C or 237 of the Iowa
Code or other state law and which, regardless
of size, provides living arrangements with
shared use of kitchen and/or bathrooms for
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
12
individuals not related to the owner, tenant
or administrator within the third degree by
blood, marriage or adoption and who either
are (a) receiving frequently recurring person-
al assistance and/or daily-living activities
from home or community-based services be-
cause they are unable to adequately or
properly care for themselves by reason of
physical or mental disability, illness or dis-
ease, (b) in need of temporary housing due to
abuse, homelessness or emergency need or (c)
a group of people who do not meet the def i-
nition of family under this Ordinance but
who occupy a single dwelling unit as a single
housekeeping unit. A group home shall also
include substance abuse facilities and juvenile
centers, but does not include a bed and break-
fast, boarding or lodging house, rooming
house, or halfway (rehabilitation) house, as
such terms may be defined in this Ordinance.
A group home may be one of the following
types:
1. Voluntary supervised. This group
home is occupied by individuals
not placed therein involuntarily
and shall be supervised 24 hours a
day, 7 days a week, and the organ-
ization needs to demonstrate
funding for such supervisory per-
sonnel. [Ordinance 4554, 6/3/02]2.
2. Voluntary unsupervised. This
group home is occupied by indi-
viduals not placed therein invol-
untarily and lacks 24-hour super-
vision. [Ordinance 4554, 6/3/02]
3. Involuntary supervised. This
group home shall be supervised 24
hours a day, 7 days a week, and
the organization needs to demon-
strate funding for such superviso-
ry personnel. For this definition,
“involuntary” means that some-
one in a position of legal authority
has sent the individual(s) to the
group home. [Ordinance 4554,
6/3/02]
Habitable Floor: Any floor used for liv-
ing, which includes working, sleeping, eating,
cooking or recreation or combination thereof.
A floor used only for storage purpo ses is not
a “habitable floor.”
Halfway (Rehabilitation) House: An es-
tablishment for adolescents convicted as
adults or adults who are serving a deferred
judgment, are in a pre-trial status, or have
been institutionalized or jailed for various
reasons and released to a facility that pr o-
vides shelter, supervision and short-term re-
habilitative services; usually not licensed by
state or local agency but may be subject to
provisions of local building and health codes.
Facility usually sponsored by health or we l-
fare agency, or sectarian organization. [Ordi-
nance 4554, 6/3/02]
Health/Sport Clubs: A non-medical ser-
vice establishment intended to maintain or
improve the physical condition of persons.
Contains exercise facilities, game equipment,
steam baths, saunas, tanning equipment
and/or similar facilities.
Historic Structure: [Ordinance 4125,
9/11/95]
Any structure that is:
1. Listed individually in the National
Historic Register of Historic Places
(a listing maintained by the De-
partment of Interior) or prelimi-
narily determined by the Secretary
of the Interior as meeting the re-
quirements for individual listing
on the National Register;
2. Certified or preliminarily deter-
mined by the Secretary of the Inte-
rior as contributing to the historic
significance of a registered historic
district or a district preliminarily
determined by the Secretary to
qualify as a registered historic dis-
trict;
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
13
3. Individually listed on the State In-
ventory of Historic Places;
4. Individually listed on the local in-
ventory of historic places.
Home Occupation: A home occupation is
an accessory use of a dwelling unit, conduct-
ed entirely within the dwelling unit, carried
on by one or more persons, all of whom re-
side within the dwelling unit and where no
persons living outside the home are e m-
ployed other than resident and domestic
help. The use is clearly incidental and se c-
ondary to the use of the dwelling for res i-
dence purposes and does not cha nge the
character thereof or adversely affect the uses
permitted in the residential district of which
it is a part. There shall be no outside storage
of any kind; and any indoor storage, con-
struction, alterations, or electrical or mechani-
cal equipment used shall not change the fire
rating of the structure of the fire district in
which the structure is located. The use may
increase vehicular traffic flow and parking by
no more than one additional vehicle at a time.
It shall not cause an increase in the use o f one
or more utilities (water, sewer, electricity, te l-
ephone, or garbage) so that the combined t o-
tal use of dwelling and home occupation
purposes of the one or more utilities exceeds
the average for residences in the neighbo r-
hood. When a use is a home occupation, it
means that the owner, lessee, or other pe r-
sons who have a legal right to the use of the
dwelling unit also have the vested right to
conduct the home occupation without secur-
ing special permission to do so. Ho wever,
such person shall be subject to all conditions,
which are applied in this Ordinance general-
ly, such as off-street parking, and to all other
permits required under the City code, such as
Building Permits and Business Licenses.
Hotel: A building containing twenty (20)
or more individual sleeping rooms or suites
having each a private bathroom attached
thereto for the purpose of providing ove r-
night lodging facilities to the general public
for compensation with or without meals ex-
cluding accommodation for employees and in
which ingress and egress to and from all
rooms is made through an inside office or
lobby supervised by a person in charge at all
hours. Where a hotel is permitted as principal
use, all uses customarily and historically an
accessory thereto for the comfort, accommo-
dation and entertainment of the patron, in-
cluding the service of alcoholic beverages
shall be permitted. [Ordinance 3050, 11/1/79]
Impound Lot: See Recycling, Junk or Sal-
vage Yard. [Ordinance 5426, 11/20/17]
Junk Vehicle, Salvage Vehicle: A motor
vehicle or other vehicle, or portion thereof not
in running condition or not licensed for the
current year as provided by law. No junk ve-
hicle shall be kept, stored, or otherwise loca t-
ed anywhere except in an enclosed building
or in an approved and licensed recycling,
junk or salvage yard, except as provided in
City Code Section 4-4-7. [Ordinance 5288,
06/15/15]
Junk Yard: See Recycling, Junk or Salvage
Yard
Juvenile Center: See Group Home (Super-
vised or Unsupervised) [Ordinance 4554,
6/3/02]
Juvenile Detention Center: See Halfway
(Rehabilitation) House [Ordinance 4554,
6/3/02]
Kennel: Any building or lot on which five
(5) or more dogs or five (5) or more cats six
(6) months old or older are housed, bred,
boarded, trained, groomed or sold. This
would allow for up to 4 dogs and up to 4 cats
in a residential setting.
Kennel, Boarding: A place or establish-
ment other than a pound or animal shelter
where dogs or cats not owned by the proprie-
tor are sheltered, fed and watered in return
for a consideration.
Lot: For the purposes of this Ordinance, a
lot is a parcel of land of at least sufficient size
to meet minimum zoning requirements for
use, coverage and area to provide such yards
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
14
and other open space as are herein required.
Such lot shall have frontage on a public street
or private street and may consist of: (a) a sin-
gle lot of record; (b) a portion of a lot of re c-
ord; (c) a combination of complete lots of re c-
ord; of complete lots of record and portions of
lots of record; or of portions of lots of record;
and (d) a parcel of land described by metes
and bounds; provided that in no case of divi-
sion or combination shall any residential lot
or parcel be created which does not meet the
requirements of this Ordinance; and further
provided that any lots created after January 1,
1978 shall be done so in conformance with the
Waterloo Subdivision Ordinance and Chapter
409 of the Code of Iowa. A lot may also be
referred to as a property.
Lot, Corner: A lot abutting upon two (2)
or more streets at their intersection.
Lot Depth: The mean horizontal distance
between the front and rear lot lines. In the
case of a corner lot, the lot depth is the grea t-
er of the mean horizontal distances between
the front lot lines and the respective side lot
line opposite each.
Lot, Double Frontage: A lot having a
frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
Lot, Interior: A lot other than a corner
lot.
Lot Lines: The property lines bounding a
lot. For property along a public street ded i-
cated by easement, for Zoning purposes the
street right-of-way line shall be considered
the lot line. In all districts, lot area and se t-
back requirements shall be computed exclu-
sive of any public street right-of-way, includ-
ing right-of-way established by easement.
[Ordinance 5288, 06/15/15]
Lot of Record: A lot which is a part of a
subdivision recorded in the Office of the
County Recorder of Black Hawk County pri-
or to February 3, 1969, or a lot or parcel de-
scribed by metes and bounds prior to Febru-
ary 3, 1969, the description of which has been
so recorded.
Lot, Reversed Frontage: A corner lot,
whose frontage is considered along the long-
er dimension street frontage.
Lot Width: The width of a lot measured
at the required building line and at right an-
gles to its depth.
Lowest Floor: The floor of the lowest en-
closed area in a building including a bas e-
ment or cellar, except when all the following
criteria are met:
1. The enclosed area is designed to
flood to equalize hydrostatic pres-
sure during floods with walls or
openings that satisfy the provi-
sions of Section 10-22-3(B)(13);
and,
2. The enclosed area is unfinished
(not carpeted, dry walled, etc.)
and used solely for low damage
potential uses such as building ac-
cess, parking or storage; and
3. Machinery and service facilities
(e.g., hot water heater, furnace,
electrical service) contained in the
enclosed area and located at least
one (1) foot above the 100-year
flood level; and
4. The enclosed area is not a “base-
ment” or “cellar” as defined in this
Section.
In cases where the lowest enclosed
area satisfies criteria a, b, c, and d
above, the lowest floor is the floor
of the next highest enclosed area
that does not satisfy the criteria
above. [Ordinance 3487, 6/15/87]
Main Body: Is the area included within
the surrounding exterior walls of the dwell-
ing. Used for living, sleeping, eating, cooking,
recreation or a combination thereof.
Manufactured Home: A factory-built sin-
gle-family structure, which is manufactured
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
15
or constructed under the authority of 42
U.S.C. Sec 5403, National Manufactured
Home Construction and Safety Standards Act
of 1974, and is to be used as a place for hu-
man habitation, but which is not constructed
with a permanent hitch or other device allo w-
ing it to be moved other than for the purpose
of moving it to a permanent site, and which
does not have permanently attached to its
body or frame any wheels or axles. A mobile
home is not a manufactured home, unless it
has been converted to real property and is
taxed as a site-built dwelling. For the purpos-
es of these regulations, a manufactured home
built after June 15, 1976, shall bear the seal
certifying that it is in compliance with the N a-
tional Manufactured Home Construction and
Safety Standards Act of 1974. For the purpose
of these regulations, manufactured homes
shall be subject to the same standards as site -
built dwellings.
Mean Sea Level: Where found in the Or-
dinance pertaining to flood management, this
shall mean National Geodetic Datum. [Ordi-
nance 3487, 6/15/87]
Mini-storage: The commercial rental of
multiple storage spaces on a single site. Such
developments generally have multiple exteri-
or doors for separate entrance to individual
rental spaces. [Ordinance 4683, 4/12/04]
Mobile Home: Any vehicle without mo-
tive power used or so manufactured or con-
structed as to permit its being used as a con-
veyance upon the public streets and high-
ways and so designed, constructed or recon-
structed as will permit the vehicle to be used
as a place for human habitation by one or
more persons; but shall include any such ve-
hicle with motive power not registered as a
motor vehicle in Iowa. A mobile home shall
not be construed to be a travel trailer or other
form of recreational vehicle. A mobile home
shall be construed to remain a mobile home,
subject to all regulations applying there to
whether or not wheels, axles, hitch or other
appurtenances of mobility are removed and
regardless of the nature of the foundation
provided. Nothing in this Ordinance shall be
construed as permitting a mobile home in
other than an approved location, as specified
in this Ordinance (see Section 10-27-1(M)). A
mobile home shall not be used as an accesso-
ry structure. Where found in this Ordinance
pertaining to flood management, this shall
also mean factory-built homes. [Ordinance
3487, 6/15/87]
Mobile Home Parks or Subdivisions: Any
lot or portion of a lot upon which two (2) or
more mobile homes or trailers occupied for
dwelling or sleeping purposes are located
regardless whether or not a charge is made
for such accommodation. Where found in the
Ordinance pertaining to flood management,
this shall also mean factory-built home parks
or subdivisions. [Ordinance 3487, 6/15/87] The
location or development of a mobile home
park or subdivision shall only be permitted
upon the issuance of a Special Permit by the
Board of Adjustment after review by the
Commission. This shall also include a factory-
built home park or subdivision if the struc-
tures are not classified as real estate.
Modular Home: Factory-built housing
certified as meeting the State Building Code
as applicable to modular housing. For the
purposes of these regulations, once certified
by the State, modular homes shall be subject
to the same standards as site-built dwellings.
Motel: A building or group of buildings
which: (a) contains living or sleeping accom-
modations and (b) has individual entrances
from outside the building to serve each living
or sleeping unit. Where a motel is permitted
as a principal use, all uses customarily and
historically accessory thereto for the comfort,
accommodation and entertainment of the pa-
tron, including the service of alcoholic bever-
ages shall be permitted. [Ordinance 3050,
11/1/79] [Ordinance 4592, 1/6/03]
New Construction (new buildings, new
factory-built home parks): For floodplain
management purposes only, those structures
or development for which the start of con-
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
16
struction commenced on or after July 3, 1985.
[Ordinance 3393, 6/10/85] [Ordinance 5049,
6/20/11]
Non-Conforming Use: Any building or
land lawfully occupied by use as of the adop-
tion of any zoning ordinance or amendment
thereto which does not conform after the
adoption of said ordinance or amendment
with the regulations of the district in which it
is situated. (Improvements constructed after
the adoption of a zoning ordinance or
amendment thereto which do not meet re-
quired parking and loading regulations,
height regulations, area regulations and res i-
dential flood area regulations for the district
in which they are located are not non-
conforming uses as defined above.) The date
on which a lot, structure, use of land and
structure, or characteristics of use became or
becomes non-conforming is referred to in this
Ordinance as the “date of non-conformity.”
Nursing or Convalescent Home: A build-
ing or structure having accommodation and
where care is provided for invalid, infirm,
aged, convalescent, physically disabled, or
injured persons, not including insane and
other mental cases, inebriate, or contagious
cases.
Obstruction: Any dam, wall, wharf, em-
bankment, levee, dike, pile, abutment, proje c-
tion, excavation, channel, rectification, bridge,
conduit, culvert, building, wire, fence, rock,
gravel, junk, solid waste refuse, fill or other
analogous structure or matter in, along,
across or projecting into any floodway which
may impede, retard, or change the direction
of the flow of water, either in itself or by
catching or collecting debris carried by such
water, or that is placed where the natural
flow of the water would carry the same
downstream to the damage or detriment of
either life or property.
Official Flood Plain Zoning Map: The
maps on file with City of Waterloo that ind i-
cate those portions of land known as the
Floodway, Floodway Fringe, General Flood
Plain and Shallow Flooding which are subject
to the regulations of this Ordinance. [Ordi-
nance 3393, 6/10/85]
One Hundred (100) Year Flood: A flood,
the magnitude of which has a one (1) percent
chance of being equaled or exceeded in any
given year or which, on the average, will be
equaled or exceeded at least once every one
hundred (100) years. [Ordinance 5049, 6/20/11]
Overlay District: A district which acts in
conjunction with the underlying zoning dis-
trict or districts.
Parking Lot, Off-Street: A parcel of land
devoted to unenclosed parking spaces for
more than five (5) vehicles, plus necessary
maneuvering space for the parking of a motor
vehicle. Space for maneuvering, incidental to
parking or unparking, shall not encroach up-
on any public right-of-way.
Parking Space: An area of not less than
one hundred sixty-two (162) square feet plus
necessary maneuvering space for the parking
of a motor vehicle. Space for maneuvering,
incidental to parking or unparking, shall not
encroach upon any public right-of-way.
Pawnbroker Use: Any person, partner-
ship, corporation, company or other entity
that is subject to licensure as a pawnbroker
under Title 3 of the code of ordinances.
Pharmacy: A retail establishment in
which prescription drugs and medicines are
compounded and/or sold by a licensed
pharmacist.
Planned Unit Development: A tract of
land planned and developed as an integrated
unit under single ownership or control. Con-
trol in this context may, in addition to single
ownership, be vested in partnerships, corp o-
rations, syndicates or trusts comprised of
owners of separate and contiguous tracts of
land who join together in a good and suffi-
cient agreement for the purposes of develop-
ing their respective properties according to
one integrated plan.
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
17
Porch, Unenclosed: A roofed projection
which has no more than sixty (60) percent of
each outside wall area enclosed by a building
or siding material other than meshed screens.
If said unenclosed porch extends over a r e-
quired front or rear setback as provided her e-
in then the outside wall shall be a non-solid
wall utilizing a spindle or board design with
openings between boards to provide that no
more than sixty (60) percent of the wall area
is enclosed, or a solid wall when extending
not more than forty-two (42) inches above the
floor of the porch.
Principal Permitted Use: The main use of
land or structures, as distinguished from a
secondary or accessory use, or Special Permit
use.
Protected Uses: Protected uses include a
building in which a majority of floor space is
used for residential purposes; a property lo-
cated within a residentially zoned district; a
day care center where such day care center is
a principal use; a preschool; an elementary,
middle or high school (public, private or p a-
rochial); a house of worship; a mission; a pub-
lic library; a museum or cultural arts center or
facility; a public park; a publicly owned or
operated recreation center or athletic facility;
a privately operated recreational use; a civ-
ic/convention center; a community residen-
tial facility; a hospital; a dental, med ical or
mental health facility; a building or office op-
erated by any governmental entity. However,
this definition shall not apply if the protected
use is a legal non-conforming use. Whether a
given use is a protected use as defined herein
shall be determined by the city planner in his
reasonable discretion.
Public Utility: Public or quasi-public dis-
tributing or operating equipment for related
services for telephone, cable television, elec-
tricity, gas, sewer and water, and other essen-
tial commodities or services such as transpo r-
tation or communication. This includes pri-
vately owned structures and equipment
when used to provide an essential commod i-
ty or service to the public.
Rear Lot Line: Ordinarily that line of a lot
which is opposite and farthest from the front
lot line. In triangular or other odd-shaped lots
the rear lot lines shall be determined by the
City Planner or designee.
Recreational Vehicle: [Ordinance 4125,
9/11/95]
A vehicle which is:
1. Built on a single chassis;
2. 400 square feet or less when
measured at the largest horizontal
projection (this provision is for
floodplain management purposes
only); [Ordinance 5049, 6/20/11]
3. Designed to be self-propelled or
permanently towable by a light
duty truck; and
4. Designed primarily not for use as
a permanent dwelling but as tem-
porary living quarters for recrea-
tional, camping, travel or seasonal
use.
Recycling, Junk or Salvage Yard: Any
place where materials that would otherwise
be considered waste, are collected, separated,
or processed to be used as raw materials. M a-
terials would include, but not be limited to:
scrap iron or other metals, motor vehicles not
in running condition and not being actively
restored to running condition, parts of vehi-
cles, plastic bottles or containers, rags, paper
cardboard, glass and tires. [Ordinance 3864,
6/3/92] This would also include any area
where waste, discarded, or salvaged mater i-
als are bought, sold, exchanged, baled or
packed, disassembled, kept, stored or han-
dled, including house wrecking yards, used
lumber yards and places or yards for storage
of salvaged house wrecking and structural
steel materials and equipment, but not in-
cluding areas where such uses are conducted
entirely within a completely enclosed build-
ing, and not including the processing of used,
discarded or salvaged materials as part of
manufacturing operations, and not including
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
18
contractors storage yards, and not including
rubble fill deposited on property in compli-
ance with 4-3B of the Code of Ord inances.
For the purpose of this Ordinance, the term
“actively restored to running condition” in
other than a recycling, junk or salvage yard
shall mean if within the last thirty (30) days
the owner of the business or premises on
which the vehicle is located has spent at least
ten (10) hours of labor in the repairing, re-
building or reconstruction of the motor vehi-
cle. The burden shall be on the owner to
prove that it is being actively restored which
may include receipts for the purchase of parts
and supplies during the last thirty (30) days
which have been installed in the vehicle. This
exception for motor vehicles being actively
restored shall not extend to vehicles from
which parts are being taken to restore another
vehicle. Parts being used in the restoration of
a motor vehicle must be stored in an e nclosed
building while restoration work is not taking
place. For the purposes of this Ordinance, the
term “recycling yard” shall include a “junk
yard”, “salvage yard”, or “auto salvage
yard”. Impound yards to which vehicles are
taken for temporary or long term storage un-
til control of vehicle can be returned to the
owner, or the vehicles are recycled or auc-
tioned off shall be considered recycling, junk
or salvage yards. [Ordinance 5426, 11/20/17]
Regulatory Flood: A flood which is rep-
resentative of large floods known to have o c-
curred generally in the area and reasonable
characteristic of what can be expected to oc-
cur in a particular stream. The regulatory
flood has a frequency of approximately 100
years determined from an analysis of floods
on a particular stream and other streams in
the same general region. Impound yards to
which vehicles are taken for temporary or
long term storage until control of vehicle can
be returned to the owner, or the vehicles are
recycled or auctioned off shall be considered
recycling, junk or salvage yards. [Ordinance
5426, 11/20/17]
Regulatory Flood Protection Elevation:
The elevation to which uses regulated by this
Ordinance are required to be elevated or
floodproofed.
Restaurants:
1. Drive-In Establishment: An estab-
lishment which by design or phys-
ical facilities or by service or pack-
aging procedures, encourages or
permits customers to receive or
obtain a product which may be
used or consumed in an automo-
bile on the premises or to be enter-
tained while remaining in an au-
tomobile. This term does not in-
clude sidewalk or patio cafes
where service is provided to tables
only.
2. Fast Casual Type: Where custom-
ers are normally served at the
same table or counter at which
items are consumed but customers
are served with disposable dishes
and cutlery which are expected to
be disposed of by the customer.
3. Fast Food Type: Where customers
are normally served their food or
beverages in disposable containers
for consumption on the premises
or within a motor vehicle.
4. Standard Type: Where customers
are normally provided with an in-
dividual menu and are served
their food or beverages by a res-
taurant employee at the same ta-
ble or counter at which said items
are consumed.
Rooming House: A building where a
room or rooms are provided for compens a-
tion to three (3) or more persons.
Rubble Disposal Site or Rubble Fill Site:
The premises where rubble fill is placed, set
down or deposited for the purpose of, or
which has the result or effect of changing the
existing contour or raising the elevation of
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
19
said land with 25 cubic yards or more of fill.
A fill site is also where the owner/operator
advertises “fill wanted” regardless of the vo l-
ume. Temporary above-ground storage dur-
ing construction and rubble fill in conjunction
with an approved development plan would
not be considered a rubble disposal site or
rubble fill site. [Ordinance 3590, 10/17/88]
Rubble Fill: Material or refuse such as
dirt, rock, stone, brick or similar inorganic
material. [Ordinance 3590, 10/17/88]
Salvage Yard: See Recycling, Junk or Sal-
vage Yard.
Screen: A wall or fence or area of planting
that provides an effective visual barrier. For
a single row the screen shall consist of
Spruce, Firs, or Pines spaced at a maximum
spacing of 15 feet or a double staggered row
of Spruce, Firs, or Pine spaced at a maximum
spacing of 20 feet within each row; for Ar-
borvitae and Juniper the spacing shall be a
double staggered row with maximum spa c-
ing of 10 feet within each row, or a single row
with maximum spacing of 6 feet. In the case
of a wall or fence, it shall be solid with a min-
imum height of six (6) feet; in the case of
plantings, the minimum height shall be four
(4) feet at the time of planting. Alternative
plantings and spacings may be approved by
the City Planner or designee and still const i-
tute a screen.
Setback: The minimum distance between
the lot line and the foundation of a building
or any projection thereof, excluding the pro-
jection of the usual steps, overhanging balco-
nies or other ordinary projections in accord-
ance with 10-27-1(F) or and unenclosed
porches and decks in accordance with 10-27-
1(G) and other necessary approaches to the
building.
Setback, Average: Averaging the setback
distance of one or more existing structures to
modify the required setback as stated in the
yard requirements for a particular district, as
provided in Section 10-5-1(H).
Setback Line: A line which determines
the minimum location of a building or struc-
ture with respect to any lot line based on the
required setback.
Setback, Required: The setback as stated
in the yard requirements for a particular dis-
trict, except as modified by the average set-
back requirement or other requirement of this
Ordinance. See also “Building Line”.
Side Lot Lines: Any lot lines which meet
the end of a front lot line.
Sign: Any structure or device designed or
intended to convey information to the public
in written or pictorial form for the purpose of
bringing the subject thereof to the attention of
the public. Flags displayed from flagpoles or
staffs will not be considered to be signs. See
Outdoor Advertising Signs and Billboards,
Section 10-26-1. [Ordinance 4724, 9/20/04]
Site Plan: A plan, to scale, showing uses
and structures proposed for a parcel of land
as required by the regulations involved. It
includes lot lines, streets, building sites, re-
served open space, building, major landscape
features, and the location of proposed utility
lines.
Site Plan Amendment: A change in the
site plan of any “planned” or site plan specif-
ic zoning district after the Council has ap-
proved the site plan. The R-P, C-Z, S-1, C-P,
B-P and M-2,P District require Site Plan
Amendment, which shall be approved as ei-
ther a minor Site Plan Amendment or major
Site Plan Amendment as provided in this O r-
dinance.
Special Flood Hazard Area: The land
within a community subject to the “100-year
flood”. This land is identified as Zone A, AH,
AO or AE on the Flood Insurance Rate map.
[Ordinance 5049, 6/20/11]
Special Permit: A use allowed in any dis-
trict, where permitted by this Ordinance, af-
ter a public hearing by the Board of Adjus t-
ment and recommendation of the Commis-
sion, that meets the necessary conditions and
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
20
safeguards for its operation, including a pub-
lic or private use which possesses unique
characteristics that may affect the community
or surrounding area, and therefore deserves
special consideration and permission before
being established. Such use may also be re-
ferred to as a “special exception,” “use excep-
tion” or “conditional use”. [Ordinance 4735,
10/18/04]
Stable, Private: A building or structure
used or intended to be used for housing hors-
es belonging to the owner of the property on-
ly for non-commercial purposes.
Stable, Public and Riding Academy: A
building or structure used or intended to be
used for the housing only of horses on a fee
basis. Riding instructions may be given in
connection with a public stable or riding
academy.
Stable, Riding Club: A building or struc-
ture used or intended to be used for the hous-
ing only of horses by a group of persons for
non-commercial purposes.
Start of Construction: Includes substan-
tial improvement, and means the date the de-
velopment permit was issued, provided the
actual start of construction, repair, recon-
struction, rehabilitation, addition, placement,
or other improvement, occurs within 180
days of the permit date. The actual start
means either the first placement or perma-
nent construction of a structure on a site, such
as pouring of a slab or footings, the installa-
tion of pile, the construction of columns, or
any work beyond the stage of excavation; or
the placement of a factory-built home on a
foundation. Permanent construction does not
include land preparation, such as clearing,
grading or filling; nor does it include the in-
stallation of streets and/or walkways; nor
does it include excavation for a basement,
footings, piers, or foundations or the erection
of temporary forms; nor does it include the
installation on the property of accessory
buildings such as garages or sheds not occu-
pied as dwelling units or not part of the main
structure. For a substantial improvement, the
actual start of construction means the first
alteration of any wall, ceiling, floor or other
structural part of the building, whether or not
that alteration affects the external dimensions
of the building. [Ordinance 5049, 6/20/11]
Story: That portion of a building includ-
ed between the surface of any floor and the
surface of the floor next above it, or if there be
no floor above it, then the space between the
floor and the ceiling or roof next above it.
Story, Half: A space under a sloping roof
which has the line of intersection of roof
decking and wall face not more than four (4)
feet above the top floor level.
Street Line: The right-of-way line of a
street.
Street, Private: Any private way, which
has not been dedicated to the public or dee d-
ed to the City for street purposes and has
been approved by the City Council after re c-
ommendation by the Commission and City
Engineer.
Street, Public: Any thoroughfare or pub-
lic way which has been dedicated to the pub-
lic or deeded to the City for street purposes
and which has been approved by the City
Council after recommendation by the Com-
mission and the City Engineer.
Strip Development or Strip Mall: Any
commercial development, including profes-
sional office, where multiple uses or units are
designed and erected as individual buildings
attached in a continuous row. Any type of
damage or destruction to the structure, as a
part or whole, which activates an insurance
policy shall be first applied to the replace-
ment, repair, and maintenance of the struc-
ture. Such structures shall be permitted in
any Zoning District where the proposed use
or uses are a permitted use. In addition, the
uses or units within the overall structure shall
be permitted on separate lots with diverse
ownership when separated from one another
by an approved wall or walls, and shall not
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
21
be required to meet the side yard setback r e-
quirements of the district in which it is locat-
ed where the structure abuts another use or
unit. All new structures or existing converted
structures on separate lots with diverse own-
ership shall be required to meet all applicable
codes and ordinances regarding building,
fire, water and utility connections, drainage,
subdivision, etc., and shall provide perma-
nent cross easements for access, parking, and
utilities and permanent maintenance agre e-
ments for shared infrastructure, such as the
parking and vehicular use areas, storm water
detention, utility connections, etc. [Ordinance
4774, 06/06/05]
Structural Alterations: Any replacement
or changes in the types of construction or in
the supporting members of a building such as
bearing walls or partitions, columns, beams,
or girders, beyond ordinary repairs and
maintenance.
Structure: Anything constructed or erect-
ed including, but not limited to, buildings,
mobile homes, factory built homes, fences,
billboards and signs. [Ordinance 4725,
09/20/04]
Structure, Height of: The vertical distance
from the average grade to the highest point.
See “Building, Height of” for buildings.
Structure, Principal: The main or primary
structure on a lot used or intended for use for
a principal use. This shall not prohibit more
than one principal structure on a lot if all oth-
er requirements of this Ordinance are met.
Substance Abuse Facility: See Group
Home (Supervised or Unsupervised) [Ordi-
nance 4554, 6/3/02]
Substantial Damage: Damage of any
origin sustained by a structure whereby the
cost of restoring the structure to its before -
damage condition would equal or exceed 50%
of the market value of the structure before the
damage occurred. [Ordinance 3810, 8/19/91]
Substantial Improvement: Any im-
provement to a structure which satisfies ei-
ther of the following criteria: 1.) Any repair,
reconstruction, rehabilitation, addition or im-
provement of a structure, the cost of which
equals or exceeds 50% of the market value of
the structure either (a) before the start of con-
struction of the improvement, or (b) if the
structure has been substantially damaged and
is being restored, before the damage o c-
curred. The term does not, however, include
either (1) any project for improvement of a
structure to correct existing violations of state
or local health, sanitary or safety code specifi-
cations which have been identified by the lo-
cal code enforcement officer and which are
the minimum necessary to assure safe living
conditions or (2) any alteration will not pre-
clude the structure’s continued designation as
a “historical structure.” [Ordinance 3810,
8/19/91] 2.) Any addition that increases the
original floor area of a building by 25 percent
or more. All additions constructed after July
3, 1985 shall be added to any proposed add i-
tion in determining whether the total increase
in original floor space would exceed 25 pe r-
cent. [Ordinance 5049, 6/20/11]
Trailer: See “Mobile Home.”
Trailer Park: See “Mobile Home Park.”
Urban Animal Hobby Farm (UAHF): A
small gathering of farm animals kept for
commercial production and sale, family food
or byproduct production, and/or educational
or recreational purposes, but not as a primary
source of income. Animals not allowed as
part of a UAHF include swine (including pot
belly pigs), camels, roosters, guinea, falcon, or
any exotic animals as determined in the rea-
sonable discretion of the City Planner or d e-
signee. Horses shall not be regulated as part
of a UAHF. [Ordinance 5417, 8/28/17]
Used Car Lot: A designated location
wherein proper and adequate facilities shall
be maintained for displaying, reconditioning
and repairing any motor vehicle of a type
subject to registration under the laws of the
State of Iowa.
CHAPTER 4
DISTRICT AND BOUNDARIES 10-4-1 CLASSIFICATION OF DISTRICTS.
22
Use, Principal: The main or primary
purpose for which a building, structure or lot
is designed, arranged, or intended, or for
which they may be used, occupied, or main-
tained under this Ordinance.
Variance: A device which grants a prop-
erty owner relief from certain provisions of
this Ordinance which the Board of Adjust-
ment is permitted to grant in cases where
strict enforcement of said provisions would
cause undue hardship owing to circumstanc-
es unique to the individual property on
which the Variance is sought.
Vehicle: Any device in, upon or by which
a person or property is or may be transported
or drawn upon a highway or street, excepting
devices moved by human power or used ex-
clusively upon stationary rails or tracks, and
shall include, without limitation, a motor ve-
hicle, automobile, truck, trailer, motorcycle or
any combination thereof.
Violation: The failure of a use, structure,
or other development to be fully compliant
with the terms of this Ordinance, as may be
amended or modified.
Yard: An open space on the same lot with
a building or structure unoccupied and unob-
structed by any portion of a structure except
as provided herein. In measuring a yard for
the purpose of determining the depth of a
front, side, or rear yard, the least distance be-
tween the lot line and the foundation of a
principal building shall be used.
Yard, Front: A yard extending across the
full width of the lot and measured between
the front lot line and the foundation of a prin-
cipal building or any projection thereof, other
than the projection of the usual steps, over-
hanging balconies other ordinary projections
in accordance with 10-27-1(F) or unenclosed
porches and decks in accordance with 10-27-
1(G).
Yard, Rear: A yard extending across the
full width of the lot and measured between
the rear lot line and the foundation of a prin-
cipal building or any projections thereof, oth-
er than the projection of the usual steps,
overhanging balconies, other ordinary projec-
tions in accordance with 10-27-1(F) or unen-
closed porches and decks in accordance with
10-27-1(G). On both corner lots and interior
lots the rear yard shall be the opposite end of
the lot from the front yard.
Yard, Side: A yard extending from the
front yard to the rear yard and measured be-
tween the side lot lines and the foundation of
a principal building or any projection thereof,
other than the projection of the usual steps,
overhanging balconies or other ordinary pro-
jections in accordance with 10-27-1(F).
Zero Lot Line: A development approach
in which a building is situated on one or more
lot lines with no yard.
CHAPTER 4
DISTRICT AND BOUNDARIES
[Ordinance 3393, 6/10/85]
10-4-1 CLASSIFICATION OF DISTRICTS.
In order to classify, regulate and restrict
the location of trades and industries, and the
location of buildings designed for specified
uses, to regulate and limit the height and bulk
of buildings hereafter erected or altered, to
regulate and limit the intensity of the use of
lot areas and to regulate and determine the
area of yards, courts, and other open spaces
within and surrounding such buildings, the
City of Waterloo, Iowa, is hereby divided into
sixteen (16) classes of districts. [Ordinance
4709, 8/9/04] The use, height and area regula-
tions are uniform in each class of district, and
said districts shall be known as:
CHAPTER 4
DISTRICT AND BOUNDARIES 10-4-2 CLASSIFICATION OF FLOOD PLAIN OVERLAY DISTRICTS.
23
“A-1” Agricultural District
“R-R” Rural Residence District
“R-1” One and Two Family Residence Dis-
trict
“R-2” One and Two Family Residence Dis-
trict
“R-3” Multiple Residence District
“R-4” Multiple Residence District
“R-P” Planned Residence District
“C-Z” Conditional Zoning District
“S-1” Shopping Center District
“C-1” Neighborhood Commercial District
“C-2” Commercial District
“C-P” Planned Commercial District
“B-P” Business Park District
“C-3” Central Business District
“M-1” Light Industrial District
“M-2” Heavy Industrial District
“M-2,P” Planned Industrial District
The “R-P” District is in conjunction with oth-
er Residential Districts, i.e., R-1,R-P; R-2,R-P;
R-3,R-P; and R-4,R-P. The “C-Z” District is in
conjunction with other Districts, i.e., R-1,C-Z;
R-2,C-Z; R-3,C-Z; R-4,C-Z; C-1,C-Z; C-2,C-Z;
and M-1,C-Z.
10-4-2 CLASSIFICATION OF FLOOD
PLAIN OVERLAY DISTRICTS.
[Ordinance 3393, 6/10/85]
In order to classify, regulate and restrict
the location of trades and industries and the
location of buildings designed for specific us-
es, to regulate and limit the height and bulk
of buildings hereafter erected or altered, to
regulate and limit the intensity of the use of
lot areas and to regulate and determine the
area of yards, courts and other open spaces
within and surrounding such buildings with-
in established flood prone areas, the City of
Waterloo, Iowa is hereby divided into four (4)
classes of flood plain “overlay” districts. The
use, height and area regulations are un iform
in each class of said district, and the districts
shall be known as:
“F-W” Floodway (Overlay) District
“F-F” Floodway Fringe (Overlay) District
“F-P” General Flood Plain (Overlay) District
“S-F” Shallow Flood (Overlay) District
10-4-3 FINDING OF FACT.
[Ordinance 3487, 6/15/87]
A. The flood hazard areas of Waterloo are
subject to periodic inundation which can
result in loss of life and property and
health; and, safety hazards, disruption or
commerce and governmental services, ex-
tra ordinary public expenditures for flood
protection and relief, and impairment of
the tax base; all of which adversely affect
the health, safety, and general welfare of
the community.
B. These losses, hazards and related adverse
effects are caused by (i) the occupancy of
flood hazard areas by uses vulnerable to
flood damages which create hazardous
conditions as a result of being inadequate-
ly elevated or otherwise protected from
flooding (ii) the cumulative effect of flood
plain construction in flood flows, which
causes increases in flood heights and
flood water velocities.
C. This Ordinance relies upon engineering
methodology for analyzing flood hazards
which is consistent with the standards es-
tablished by the Department of Natural
Resources.
10-4-4 DISTRICT BOUNDARIES AND
OFFICIAL ZONING MAPS.
[Ordinance 3393, 6/10/85]
With the exception of the Flood Plain
(Overlay) Districts, the boundaries of these
districts are indicated upon the Digital Offi-
cial Zoning Map of the City of Waterloo, I o-
wa, which map is made a part of this Ord i-
nance. Said Digital Official Zoning Map of the
City of Waterloo, Iowa, and all the notations,
references and other matters shown thereon
shall be as much as a part of this Ordinance
as if the notations, references and other ma t-
ters set forth by said map were all fully d e-
CHAPTER 4
DISTRICT AND BOUNDARIES 10-4-5 ESTABLISHMENT OF OFFICIAL FLOOD PLAIN ZONING MAP.
24
scribed herein. Said Digital Official Zoning
Map is on file in the office of the City Planner,
at the City Hall of the City of Wate rloo, Iowa,
and shall bear the signature of the Mayor a t-
tested by City Clerk, under the certification
that this is the official Zoning Map referred to
in this Section of the Zoning Ordinance. The
Digital Official Zoning Map shall show all
amendments or changes and shall indicate
the date of each amendment or change. It
shall be the responsibility of the City Planner
or designee to see that the Zoning Map is
kept current at all times. [Ordinance 4795,
12/12/05]
10-4-5 ESTABLISHMENT OF OFFICIAL
FLOOD PLAIN ZONING MAP.
[Ordinance 3393, 6/10/85]
The Flood Insurance Rate Map (FIRM) for
Black Hawk County, City of Waterloo, Panels
19013C0158F, 0159F, 0166F, 0167F, 0168F,
0169F, 0180F, 0186F, 0187F, 0188F, 0189F,
0193F, 0194F, 0215F, 0281F, 0282F, 0283F,
0284F, 0291F, 0292F, 0301F, 0302F, 0303F,
0304F, 0306F, 0307F, 0308F, 0309F, 0311F,
0312F, 0316F, 0317F, dated July 18, 2011,
which were prepared as part of the Flood In-
surance Study for Black Hawk County, is
(are) hereby adopted by reference and d e-
clared to be the Official Floodplain Zoning
Map. The flood profiles and all explanatory
material contained with the Flood Insurance
Study are also declared to be a part of this
Ordinance. [Ordinance 5049, 6/20/11]
10-4-6 PURPOSE OF FLOOD PLAIN
(OVERLAY) DISTRICTS.
[Ordinance 3393, 6/10/85]
These Flood Plain (Overlay) Districts are
to provide special regulations and restrictions
to flood hazard areas in the City of Waterloo.
It is the purpose of these flood plain provi-
sions to promote the public health, safety and
general welfare and to minimize public and
private damages due to flooding in specific
areas of the community. The basic purpose
and objectives of this Ordinance may also be
identified by the following:
1. To protect human life and health;
2. To minimize expenditure of public money
for costly flood control projects;
3. To minimize the need for rescue and relief
efforts associated with flooding and gen-
erally undertaken at the expense of the
general public;
4. To minimize damage to public facilities
and utilities such as water and gas mains,
electric, telephone and sewer lines, streets
and bridges located in areas of special
flood hazard;
5. To require uses vulnerable to floods to be
protected against flood damage at the
time of initial construction;
6. To help maintain a stable tax base by
providing for the sound use and devel-
opment of areas of special flood hazard so
as to minimize flood blight areas;
7. To ensure potential buyers are notified
that property may be in an area of special
flood hazard and that those who occupy
said area assume responsibility for their
actions;
8. To reserve sufficient flood plain area for
the conveyance of flood flows so that
flood heights and velocities will not be in-
creased substantially;
9. To assure that eligibility is maintained for
property owners in the community to
purchase flood insurance through the Na-
tional Flood Insurance Program.
10. Restrict or prohibit uses which are dan-
gerous to health, safety or property in
times of flood or which cause excessive
increases in flood heights or velocities.
[Ordinance 5049, 6/20/11]
10-4-7 INTERPRETATION OF DISTRICT
BOUNDARIES.
[Ordinance 3393, 6/10/85]
CHAPTER 5
GENERAL REGULATIONS 10-4-8 FUTURE ANNEXATION OF TERRITORY.
25
Where uncertainty exists with respect to
the boundaries of the various districts, except
for the Flood Plain (Overlay) Districts, as
shown on the Official Zoning Map accompa-
nying and made a part of this Ordinance, the
following rules apply:
1. The district boundaries are either street
center lines or alley center lines, unless
otherwise shown. [Ordinance 3595,
11/7/88] Boundaries indicated as approx-
imately following corporate limits shall be
construed as following corporate limits.
Boundaries indicated as approximately
following railroad lines shall be construed
to be midway between the main tracks.
Boundaries indicated as approximately
following the centerlines of rivers,
streams, creeks or other waterways shall
be construed to follow such centerlines.
2. In unplatted property, the district boun d-
ary lines on the map accompanying and
made a part of the Ordinance shall be d e-
termined by use of the scale appearing on
the map.
3. Publication of the legal description of the
property or properties zoned or rezoned
shall constitute an official amendment to
the Official Zoning Map. Said map or por-
tion of said map need not be published.
10-4-8 FUTURE ANNEXATION OF
TERRITORY.
All territory which may hereafter be an-
nexed to the City of Waterloo, Iowa, shall au-
tomatically be classified as lying in the “A-l”
Agricultural District until such classification
shall have been changed by an amendment to
the Zoning Ordinance, as provided by law.
10-4-9 RIGHT OF WAY VACATION.
[Ordinance 4709, 8/9/04]
Whenever any street, road, alley or other
public right of way is vacated by official a c-
tion of City Council, the zoning district(s) a d-
joining each side of such public right of way
shall be automatically extended to the center
of such vacation and all area included in the
vacation shall be subject to all appropriate
regulations of the extended districts. Where
only portions of public right of ways are va-
cated then the zoning district(s) adjoining the
vacated portion shall be automatically ex-
tended over the entire area.
CHAPTER 5
GENERAL REGULATIONS
[Ordinance 3174, 12/14/81]
10-5-1 GENERAL REGULATIONS.
A. Conformance Required.
Except as hereinafter specified in subsec-
tion 10-5-1(B), no building or structure shall
be erected, converted, enlarged, reconstruct-
ed, or structurally altered, nor shall any
building or land be used, which does not
comply with all of the district regulations es-
tablished by this Ordinance or any amend-
ment hereto, for the district in which the
building or land is located.
B. Non-Conforming Uses of Land, Non-
Conforming Structures, Non-
Conforming Uses of Structures and
Premises, and Non-Conforming Lots.
Intent. There exist lots, structures, uses of
land and structures, and characteristics of use
which constitute a non-conforming use as de-
fined by this Ordinance, or will constitute a
non-conforming use upon adoption of a fu-
ture amendment hereto. It is the intent of this
Ordinance to permit these non-conformities
to continue, except as expressly provided
elsewhere in this Ordinance, until they are
removed, but not to encourage their survival.
It is further the intent of this Ordinance that
non-conformities shall not be enlarged upon,
expanded or extended, nor be used as ground
for adding other structures or uses prohibited
elsewhere in the same district.
CHAPTER 5
GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS.
26
Non-conforming uses are declared by this
Ordinance to be incompatible with permitted
uses in the districts involved. A non-
conforming use of a structure, a non-
conforming use of land, or a non-conforming
use of structure and land in combination shall
not be extended or enlarged after the date of
non-conformity by attachment on a building
or premises of additional signs intended to be
seen from off the premises or by the addition
of other uses, or a nature which would be
prohibited generally in the district involved.
To avoid undue hardship, nothing in this
Ordinance shall be deemed to require a
change in the plans, construction, or desig-
nated use of any building in which actual
construction was lawfully begun prior to the
date of non-conformity amendment and upon
which actual building construction has been
carried on diligently, or upon which a build-
ing permit has been applied for or a deve l-
opment permit has been issued before the
date of non-conformity and start of construc-
tion begins within one hundred eighty (180)
days after issuance of the permit and is ca r-
ried on diligently. Actual construction is
hereby defined to include the placing of con-
struction materials in permanent position and
fastened in a permanent manner. Where ex-
cavation or demolition or removal of an exis t-
ing building has been substantially begun
preparatory to rebuilding, such excavation,
demolition or removal shall be deemed to be
actual construction, provided that work shall
be carried on diligently.
1. Continuing Existing Uses. The use of
a building lawfully existing as of the
date of non-conformity may be con-
tinued even though such use becomes
non-conforming as of such date, but
any use that is not an authorized non-
conforming use shall be considered an
illegal use and shall be treated as a vi-
olation of this Ordinance.
2. Non-Conforming Lots of Record. In
any district in which single family
dwellings are permitted, a single fami-
ly dwelling and customary accessory
buildings may be erected on any sin-
gle lot of record existing as of the date
of adoption of Ordinance 2479, adopt-
ed 02/03/69, notwithstanding limita-
tions imposed by other provisions of
this Ordinance. This provision shall
apply even though such lot fails to
meet the requirements for area or
width, or both, that are generally ap-
plicable in the district provided that
yard dimensions and requirements
other than those applying to area or
width, or both, of the lot shall conform
to the regulations for the district in
which such lot is located.
No portion of said lot shall be used or
sold in a manner which diminishes
compliance or increases non-
compliance with lot width and area
requirements established by this Or-
dinance, nor shall any division of any
conforming lot be made which causes
the lot width or area to be below the
requirements stated in this Ordinance.
3. Non-Conforming Uses of Land. A
use of land may be continued after the
date of non-conformity so long as it
remains otherwise lawful, provided:
a. No such non-conforming use shall
be enlarged or increased, nor ex-
tended to occupy a greater area of
land than was occupied at the ef-
fective date of adoption or
amendment of this Ordinance;
b. No such non-conforming use shall
be moved in whole or in part to
any portion of the lot or parcel
other than that occupied by such
use at the effective date of adop-
tion or amendment of this Ordi-
nance;
c. If any such non-conforming use of
land ceases for any reason for a
period of more than one (1) year,
any subsequent use of such land
CHAPTER 5
GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS.
27
shall conform to the regulations
specified by this Ordinance for the
district in which such land is lo-
cated;
d. No additional structure not con-
forming to the requirements of
this Ordinance shall be erected in
connection with such non-
conforming use of land.
4. Non-Conforming Structures. Where
a lawful structure exists as of the date
of non-conformity that could not be
built after the date of non-conformity
under the terms of this Ordinance or
an amendment hereto by reason of re-
strictions on area, lot coverage, height,
yards, its location on the lot, or other
requirements concerning the struc-
ture, such structure may be continued
after the date of non-conformity so
long as it remains otherwise lawful,
subject to the following provisions:
a. No such non-conforming structure
may be enlarged or altered in a
way which increases its non-
conformity, but any structure or
portion thereof may be altered to
decrease its non-conformity.
b. Should such non-conforming
structure or non-conforming por-
tion of structure be destroyed by
any means to the extent of more
than fifty (50) percent of its fair
market value at the time of d e-
struction, it shall not be recon-
structed except in conformity with
the provisions of this Ordinance.
[Ordinance 3393, 6/10/85]
c. Should such structure be moved
for any reason for any distance
whatsoever, it shall thereafter con-
form to the regulations for the dis-
trict in which it is located after it is
moved.
5. Non-Conforming Uses of Structures
or of Structures and Premises in
Combination. If lawful use involving
individual structures, or of structure
and premises in combination, exists as
of the date of non-conformity that
would not be allowed after the date of
non-conformity in the district under
the terms of this Ordinance or an
amendment hereto, the use may be
continued after the date of non-
conformity so long as it remains oth-
erwise lawful, subject to the following
provisions:
a. No existing structure devoted to a
use not permitted by this Ordi-
nance in the district in which it is
located shall be enlarged, extend-
ed, constructed, reconstructed,
moved, or structurally altered ex-
cept in changing the use of the
structure to a use permitted in the
district in which it is located. The
use of premises shall be governed
by the requirements of 10-5-
1(B)(3);
b. Any non-conforming use may be
extended throughout any parts of
a building which were manifestly
arranged or designed for such use
at the time of adoption or
amendment of said Ordinance, but
no such use shall be extended to
occupy any land outside such
building;
c. If no structural alterations are
made, any non-conforming use of
a structure, or structure and prem-
ises, may, as a special exception,
be changed to another non-
conforming use provided that the
Board of Adjustment, either by
general rule or by making findings
in the specific case, shall find that
the proposed use is equally ap-
propriate or more appropriate to
the district than the existing non-
CHAPTER 5
GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS.
28
conforming use. In permitting
such change, the Board of Ad-
justment may require appropriate
conditions and safeguards in ac-
cord with the provisions of this
Ordinance;
d. Any structure, or structure and
land in combination, in or on
which a non-conforming use is
superseded by a permitted use,
shall thereafter conform to the
regulations for the district, and the
non-conforming use may not
thereafter be resumed;
e. Except for a non-conforming use
that is an alcohol sales use or de-
layed deposit service use, when a
non-conforming use of a structure
or structure and premises in com-
bination is discontinued or aban-
doned for twelve (12) consecutive
months or for eighteen (18)
months during any three (3) year
period (except when government
action impedes access to the prem-
ises), the structure or structure
and premises in combination shall
not thereafter be used except in
conformity with the regulations of
the district in which it is located.
f. As to alcohol sales uses and de-
layed deposit service uses (each a
“specially licensed use”) only,
when the use of a structure or
structure and premises in combi-
nation is non-conforming because
it is a specially licensed use, either
solely for that reason or in combi-
nation with other reasons, and
when the specially licensed use is
discontinued or abandoned for
three (3) consecutive months (ex-
cept when government action im-
pedes access to the premises), the
structure or structure and premis-
es in combination shall not there-
after be used as a specially li-
censed use except in conformity
with the regulations of the district
in which it is located. This para-
graph shall apply equally to (i) the
cessation of a business that is a
specially licensed use, (ii) a busi-
ness that holds a license or permit
to operate as a specially licensed
use but fails to continuously and
actively operate as such, and (iii) a
business that continues operating
as a non-specially licensed use af-
ter its license or permit to sell, dis-
pense, or provide goods or ser-
vices of a type requiring special li-
censure, for any cause, lapses, is
suspended or revoked, or other-
wise fails to be or remain in effect.
g. Where non-conforming use status
applies to a structure and premis-
es in combination, removal or de-
struction of the structure shall
eliminate the non-conforming sta-
tus of the land. Destruction for the
purpose of this subsection is de-
fined as damage to an extent of
more than fifty (50) percent of the
fair market value at the time of de-
struction. [Ordinance 3393, 6/10/85]
h. Structural Alterations and Enlarge-
ments. As to any building in any
district devoted to a use made
non-conforming, after the date of
non-conformity the building may
not be structurally altered or en-
larged unless such alteration or
enlargement is approved by Vari-
ance as provided herein and is in
conformity with the lot area, the
lot frontage, yard, and height re-
quirements of the District in which
situated. Such structural alteration
and enlargement shall be subject
to the review and approval of the
Board of Adjustment. In permit-
ting such change, the Board of Ad-
justment may require appropriate
CHAPTER 5
GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS.
29
conditions and safeguards in ac-
cord with the provisions of this
Ordinance. [Ordinance 3393,
6/10/85]
6. Repairs and Maintenance. On any
non-conforming structure or portion
of a structure containing a non-
conforming use, work may be done in
any period of twelve (12) consecutive
months on ordinary repairs, or on re-
pair or replacement of non-bearing
walls, fixtures, wiring, or plumbing, to
an extent not exceeding ten (10) per-
cent of the current replacement cost of
the non-conforming structure or non-
conforming portion of the structure as
the case may be, provided that the cu-
bic content existing when it became
non-conforming shall not be in-
creased.
If a non-conforming structure or por-
tion of a structure containing a non-
conforming use becomes physically
unsafe or unlawful due to lack of re-
pairs and maintenance, and is de-
clared by any duly authorized official
to be unsafe or unlawful by reason of
physical condition, it shall not thereaf-
ter be restored, repaired, or rebuilt ex-
cept in conformity with the regula-
tions of the district in which it is locat-
ed.
Nothing in this Ordinance shall be
deemed to prevent the strengthening
or restoring to a safe condition of any
building or part thereof declared to be
unsafe by any official charged with
protecting the public safety, upon or-
der of such official.
7. Uses Under Special Permit Provi-
sions Not Non-Conforming Uses. If
an existing use is one that, by adop-
tion of any zoning ordinance or
amendment thereto, would be re-
quired to have a Special Permit (other
than a change through Board of Ad-
justment action from a non-
conforming use to another use not
generally permitted in the district),
then such use shall not be deemed a
non-conforming use in such district,
but shall without further action be
considered a conforming use.
C. Fences.
1. Fences Accessory to a Residential
Use or in an “R” District. Residential
fences or landscape features such as
sculptures or walls may be erected or
constructed with no portion extending
onto adjacent property or right-of-
way (except as approved by en-
croachment agreement). On interior
lots, no such fence shall exceed eight
(8) feet in height in the side or rear
yard and four (4) feet in height in the
front yard. [Ordinance 3993, 12/13/93]
[Ordinance 4508, 9/4/01] [Ordinance
4656, 11/10/03]
On corner lots addressed and facing
the narrow dimension street frontage,
no such fence shall exceed four (4) feet
in height in the front yard nor exceed
eight (8) feet in height in the rear yard
and along the street side adjoining the
rear yard extending from the center of
the house to the street lot line and
back to the rear of the lot. [Ordinance
3993, 12/13/93] [Ordinance 4029,
7/18/94] [Ordinance 4656, 11/10/03]
On corner lots addressed and/or fac-
ing the longer dimension street front-
age, no such fence shall exceed four
(4) feet in height in the front yard nor
exceed eight (8) feet in the rear yard
and along the street side adjoining the
rear yard, set back from the street a
minimum of the setback between the
house and the street. A fence along
the street adjoining the rear yard ex-
tending closer to the street than the
setback between the house and the
street shall not exceed four (4) feet in
CHAPTER 5
GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS.
30
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 esta b-
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 ½) 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
CHAPTER 5
GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS.
31
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 [Ordi-
nance 5648, 6/20/22];
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 5618 adopted 06/20/22 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][Ordinance 5648, 6/20/22];
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,
or other equipment, regardless if
licensed for highway use [Ordi-
nance 4855, 2/19/07}[Ordinance
5648, 6/20/22];
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-
CHAPTER 5
GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS.
32
ing generated by the conduct of
said home occupation shall be met
off the street and other than in a
front yard;
g. 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
CHAPTER 5
GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS.
33
erected in any front yard, except for
temporary or seasonal use accessory
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. [Ordinance 5648, 6/20/22] Ac-
cessory structures attached or
connected to the principal build-
ing shall not exceed the square
footage of the principle permitted
use (not including decks or unen-
closed porches, calculated based
on the area of the base or “foot-
print” of the structure), however
this provision shall not prohibit a
five hundred seventy-six (576)
square foot attached garage pro-
vided that all other requirements
CHAPTER 5
GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS.
34
are met. Accessory structures that
are not a part of the main building
shall not exceed fifteen (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 conjunction
with any one or two family resi-
dence, 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 to-
tal. Said structures may exceed
the eight hundred fifty (850)
square feet total but shall not oc-
cupy more than six (6) percent of
the lot on which said structures
are located and in no case shall the
total of said structures be larger
than 1,800 square feet. Accessory
structures (attached or detached)
to a residential use shall not be
constructed of metal materials for
exterior siding, except for horizon-
tal aluminum/steel siding com-
mon on many residential struc-
tures and except structures that
are two hundred (200) square feet
or less. Accessory structures that
are not part of the main building
shall not be constructed of metal
materials for exterior roofing if the
lowest point of the roof is closer
than seven (7) feet from the adja-
cent grade, except structures that
are two hundred (200) square feet
or less. Structures that are less
than nine (9) square feet shall not
be included in the accessory struc-
ture limit. Structures that are less
than fifty (50) square feet but more
than nine (9) square feet shall not
be included in the accessory struc-
ture limit, however no one or two
family residence shall have more
than two (2) such structures ex-
cluded from the accessory struc-
ture 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 setback require-
ments, however this provision
shall not authorize accessory
structures over any property line,
platted building line, or easement.
[Ordinance 5288, 06/15/15] Free-
standing or attached metal-framed
carports, or similar structures,
shall be prohibited in conjunction
to any residential use. [Ordinance
3050, 10/1/79] [Ordinance 3102,
9/22/80] [Ordinance 3645, 5/8/89]
[Ordinance 4656, 11/10/03] [Ordi-
nance 4725, 09/20/04] In conjunc-
tion with any multiple family res-
idence (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 hundred 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-
CHAPTER 5
GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS.
35
ing in this Section shall prohibit
the erection of two Principal Per-
mitted Uses on one lot, provided
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 a c-
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). [Ordinance
5648, 6/20/22] Small wind energy facilities
meeting the requirements of Section 10-27-
1(T) shall be considered accessory structures
but shall be regulated by Section 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 ½) 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 interse c-
tion.
CHAPTER 5
GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS.
36
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-
ing thirty (30) percent or more of the frontage
within two hundred (200) feet of either side
lot line are developed with buildings at either
a greater or lesser setback, the minimum front
yard setback shall be within ten (10) feet of
the average of the abutting homes or clo sest
thereto on either side, but shall not be less
than the smaller setback used in the average
calculation (if there is no home within two
hundred 200 feet on one side, the minimum
setback shall match the setback of the closest
home within two hundred (200) feet on the
other side). In computing the average se t-
backs, buildings located on another block or
on a corner lot facing another street which the
lot in question does not abut, or entirely on
the rear sixty (60) percent of lots shall not be
counted. Buildings or additions to buildings
on a corner lot shall have a minimum setback
match the closest home within two hundred
(200) feet that is addressed and oriented to-
ward the street frontage that the pr oposed
building or addition will be or is addressed
and oriented towards. The required setback
as computed herein need not exceed fifty (50)
feet in any case, however this shall not allow
detached accessory structures in a front yard.
[Ordinance 4537, 2/4/02] [Ordinance 4656,
11/10/03]
I. Required Yard Cannot be Reduced.
No lot or yard required by this Ordinance
or existing as of the effective date of any zon-
ing ordinance or amendment thereto shall be
reduced in area so as to make any yard or
any other open space less than the minimum
required by the zoning ordinance in effect as
of the date of proposed reduction in area . No
part of a yard or other open space provided
about any building or structure for the pu r-
pose of complying with the provisions of this
Ordinance shall be included as part of a yard
or other open space required under this O r-
dinance for another building or structure.
Off-street parking and loading areas may o c-
cupy all or part of any required yard or o pen
space except as otherwise specified in this
Ordinance.
J. Building Lines on Approved Plats.
Whenever the plat of a land subdivision
on record in the office of the County Recorder
shows a setback building line along any
frontage for the purpose of creating a front
yard or side street yard line, the building line
thus shown shall apply along such frontage
in place of any other yard line required in this
Ordinance unless specific yard requirements
in this Ordinance require a greater setback.
This shall not include building lines along a
street that has been vacated.
K. Building or Development Permits.
Nothing herein contained shall require
any change in the overall layout, plans, con-
struction, size or designated use of any build-
ing, or part thereof, for which a building
permit was applied for or issued, or for which
a development permit was issued, before the
date of non-conformity, the construction of
which shall have been started within one
hundred eighty (180) days after issuance of
the permit and completion thereof carried on
in a normal manner and not discontinued for
more than a one hundred eighty (180) day
period.
L. Zoning District Dividing Property.
Where one (1) parcel of property is divid-
ed into two (2) or more portions by reason of
different zoning district classifications, each
portion shall be used independently of the
other in its respective zoning classifications,
and for the purpose of applying the regula-
tions of this Ordinance, each portion shall be
considered as if in separate and different
ownership. Alternatively, the entire parcel
may be used as permitted by the regulations
applicable to the most restrictive zoning clas-
sification. However, nothing in this Sub-
section shall be construed as permitting new
CHAPTER 5
GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS.
37
residential use of any property within a ny
industrial district classification. [Ordinance
3486, 6/15/87]
M. Erection of More Than One (1) Prin-
cipal Structure on a Lot.
In any district, more than one (1) struc-
ture housing a permitted or permissible prin-
cipal use may be erected on a single lot, pr o-
vided that yard and other requirements of
this Ordinance shall be met for each structure
as though it were on an individual lot, except
as provided for mobile home parks and mu l-
tiple dwellings, including multiple dwelling
condominium and row dwellings, as the abil-
ity to split into individual lots may not repr e-
sent the highest and best layout and design
due to shared ground, parking and access.
Such developments shall not have to meet
yard requirements as though each structure
were on an individual lot provided that all
other requirements of the Ordinance are met,
including, but not limited to, minimum lot
size for the entire development, screening,
access, parking, and setbacks around the p e-
rimeter of the development. For one and two
family residential structures, more than one
(1) principal structure in a “R-1” or “R-2”
Residence District may be erected on a single
lot only upon approval of a Special Permit by
the Board of Adjustment after recommend a-
tion of the Commission. Such application for
Special Permit shall also include all of the re-
quired information for a preliminary plat, in-
cluding showing how lots could be laid out
so that each principal structure would meet
the yard and other requirements of this Ord i-
nance if it were on an individual lot. The
Board of Adjustment may waive some or all
of the required information for a preliminary
plat if it is determined that the information is
not needed to ensure that the request meets
all requirements of the Ordinance. In review-
ing the layout of multiple buildings, the
Commission and Board of Adjustment shall
consider, but not be limited to, the following:
impact on and compatibility with the neigh-
borhood, including sight visibility and open
space considerations, density, traffic move-
ments, general characteristics such as orienta-
tion, lot size, building size and layout of the
proposed development and neighboring
properties, and necessary screening. [Ordi-
nance 4855, 2/19/07] [Ordinance 4885, 10/15/07]
N. Conditional Zoning.
[Ordinance 2875, 4/11/77]
1. Conditional Zoning may apply only to
those cases which propose changing
the zoning from an “R” Classification
to a “C” or “S” Classification, a “C” to
an “M” Classification, and those
changes that will occur within each
individual “R”, “C” or “M” group-
ings.
2. Whenever any application for a condi-
tional zoning permit as an amend-
ment to the Zoning Ordinance is
submitted, it must be accompanied or
supported by specific plans and de-
sign for the particular development or
use. The following procedure shall be
utilized to facilitate said amendment.
a. The applicant shall submit a re-
quest to the Commission complete
with legal description and detailed
site plan defining any areas to be
developed for buildings, the areas
to be developed for parking, the
location of sidewalks and drive-
ways, the points of ingress and
egress, the location and height of
walls, the location and type of
landscaping, the location, size and
type of signs, and detailed draw-
ings indicating the architectural
characteristics of said develop-
ment.
b. Said development plan shall be
reviewed by the Commission and
a date for a hearing shall be estab-
lished. The site development plan,
prior to the hearing, shall be re-
ferred to the Technical Review
Committee for study and for re-
CHAPTER 5
GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS.
38
port. The Technical Review Com-
mittee shall review for conformity
of the proposed development with
the standards of the Comprehen-
sive Plan, and with recognized
principles of civic design, land use
planning, and landscaping archi-
tecture. The Commission may ap-
prove the plan as submitted, or be-
fore approval, may require that
the applicant modify, alter, adjust,
or amend the plat as the Commis-
sion deems necessary to the end
that it preserves the intent and
purpose of this Ordinance, to
promote public health, safety,
morals, and general welfare. The
Commission shall then make a
recommendation on the develop-
ment plan to the City Council.
c. Five (5) copies of the approved
plans shall be submitted to the
Zoning Administrator.
d. The City Council, after notice and
public hearing, shall approve or
disapprove said plan as submitted
or may require such changes
thereto as it deems necessary to e f-
fectuate 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 accord-
ance with the provisions of Section
10-32-1 of this Ordinance. Such
change shall be recorded on the
City’s Official Zoning Map and
annotated “C-Z” after the designa-
tion of the underlying district.
3. If for any reason development and use
of property approved in accordance
with the procedure outlined in (1) and
(2) above cannot be accomplished or is
discontinued, such plans or use shall
not be altered, changed, or varied, ex-
cept after approval by the City Coun-
cil based upon procedure and review
by the appropriate agencies set forth
in (2) above.
4. Site Development Plan Amendments
[Ordinance 3245, 10/11/82]
a. Major
Any change in the development
plan deemed to be substantial af-
ter the Council has approved the
plan shall be resubmitted and con-
sidered in the same manner as the
original development plan.
Examples of major changes may
include, but are not limited to the
following: changes in density, use
and/or major changes in the over-
all street plan. A change in use
may go through the minor ap-
proval process as long as the
change is similar to the type of use
approved with the development
plan, and if compatibly designed
in relation to surrounding uses.
b. Minor
A revised development plan shall
be prepared in accordance with
this Section for any alteration to a
development plan.
Minor development plan amend-
ments shall be administratively
reviewed by Planning staff. If the
change is considered insignificant
in nature, staff may approve the
change without a review and pub-
lic hearing before the Commission
and City Council.
Examples of minor changes may
include, but are not limited to the
following: the location, construc-
tion, replacement or change in
type of signage, changes in curb
cut location, sign locations, shifts
in building location, landscaping
features, and parking circulation.
CHAPTER 5
GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS.
39
Minor changes may include addi-
tions to an existing building or
new buildings which do not in-
crease the existing floor area by
more than ten (10) percent of the
floor area of all existing or ap-
proved principal buildings. If
staff determines that the magni-
tude of any such change is signifi-
cant in nature or could become
significant in nature, the change
shall be deemed major and the
changes shall be resubmitted and
considered in the same manner as
the original development plan, in-
cluding a public hearing before the
Commission and City Council. In
determining if a change is signifi-
cant in nature the Planning staff
shall consider, among other
things, the overall design of the
proposed change and it’s compat-
ibility to the existing development
and surrounding development, 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.
O. Street Frontage Required.
Except as permitted in Chapter 25 of this
Ordinance, no lot shall contain any building
used in whole or in part for residence pur-
poses unless such lot abuts for at least forty
(40) feet on at least one street, or unless it has
an exclusive unobstructed private easement
of access or right-of-way at least twenty (20)
feet wide to a street, and there shall be no
more than one (1) single family dwelling for
such frontage or easement, except that a
common easement of access at least fifty (50)
feet wide may be provided for two (2) or
more such single family dwellings or for one
(1) or more two family or multiple dwellings.
[Ordinance 3220, 6/14/82]
P. Dwelling Standards.
[Ordinance 3378,12/17/84]
The following standards shall apply to all
new dwellings for which building permits
have been issued on or after December 17,
1984:
1. The dwelling shall be affixed to a
permanent foundation system, in ac-
cordance with the currently adopted
Building Code standards;
2. The average width and length of the
main body of the dwelling shall be a
minimum of twenty (20) feet as meas-
ured from at least three (3) points of at
least ten (10) feet apart on the dwell-
ing.
Q. Site Plan Required.
In accordance with the Comprehensive
Plan, as amended, it is essential that new d e-
velopments and structural alterations to exis t-
ing developments meet established minimum
standards for the design of such develop-
ments to protect existing developments, to
insure adequate provisions for public/private
utilities, such as sewer, water, and roads, and
promote the health, safety, and general wel-
fare of the public. For any new development
or structural alterations, a site plan shall be
submitted to the Building Official as a part of
the Building Permit Application. Said site
plan shall be referred to Planning staff for
their review and approval pertinent to meet-
ing the requirements of this Ordinance and
any other City Ordinance and/or policy.
Said site plan shall include the legal descrip-
tion of the property, identify the areas to be
developed for buildings, the areas and nu m-
ber of spaces to be provided for parking and
vehicular use areas, the location of sidewalks
and driveways and the points of ingress and
egress, including access streets where re-
quired, the location and height of walls, the
location and type of landscaping, the location
of public easements, the location, size, type
and number of signs, site topography with
existing and proposed elevations, storm wa-
CHAPTER 5
GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS.
40
ter drainage system including detention (if
required), proposed hard surfacing (material
and thickness), location of utility connections
(sanitary sewer and water), and storm water
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 Sp ecial
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 pr o-
posed use is not similar, the use shall be pe r-
mitted in the “M-2” District. In addition, a
proposed use not covered by title and not d e-
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 a d-
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 a c-
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 R e-
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,
CHAPTER 5
GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS.
41
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 t o-
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:
< 10% addition Nothing
10% - 20% addition 25% of Ordinance
or 1000 square feet 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 lan d-
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:
CHAPTER 6
“A-1” AGRICULTURAL DISTRICT 10-6-1 REGULATIONS.
42
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 40 points
1½ inch caliper or greater 30 points
1 inch caliper or greater 20 points
Shrubs
5 gallon or greater 10 points
2 gallon or greater 5 points
Conifers
10 foot height or greater 100 points
8 foot height or greater 90 points
6 foot height or greater 80 points
5 foot height or greater 40 points
4 foot height or greater 30 points
3 foot height or greater 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 mat erials 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.
[Ordinance 5648, 6/20/22] Also 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 immedi-
ate family. For the purpose of this
Section, the immediate family shall be
interpreted as father, mother, son,
daughter, wife, husband, brother, sis-
ter, grandparent or grandchild. Only
one (1) lot that is a minimum of three
(3) acres for this purpose shall be sep-
arated 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-
CHAPTER 6
“A-1” AGRICULTURAL DISTRICT 10-6-1 REGULATIONS.
43
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
than fifty (50) feet from abutting resi-
dential properties. The area devoted
to such uses shall be kept in a clean
and sanitary condition. [Ordinance
5417, 8/28/17][Ordinance 5648, 6/20/22]
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]
CHAPTER 7
“R-R” RURAL RESIDENCE DISTRICT 10-6-2 HEIGHT REGULATIONS.
44
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 Pe r-
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
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. Stables, when private non-commercial
and when accessory to a residential
dwelling and when not meeting the
requirements as a principal permitted
use, are allowed when meeting the
requirements of Section 10-7-2(B)(4).
Any existing private non-commercial
stable accessory to a principal permit-
ted use maintained with horses prior
to and through the adoption of Ordi-
nance 5648 adopted 06/20/22 will not
be required to meet the requirements
of Section 10-7-2(B)(4) and shall be a
non-conforming use. [Ordinance 5648,
6/20/22]
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
CHAPTER 7
“R-R” RURAL RESIDENCE DISTRICT 10-7-2 REGULATIONS.
45
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 eng i-
neered plan for onsite waste treatment
systems and private water wells. The
purpose of this District is to restrict the
permitted uses to those that are compat i-
ble with agricultural, residential, and en-
vironmentally sensitive areas. Individu-
als building in this area should be made
aware of potential conflicts with agricul-
tural uses (such as the spreading of ma-
nure) and that the City of Waterloo pro-
vides no protection against 24 hour agr i-
cultural operations. Police and fire pro-
tection, as well as other services, in the
“R-R” Rural Residential District may not
be comparable to other residential dis-
tricts in the City of Waterloo. This District
should only be used in areas where the
City of Waterloo does not foresee exten d-
ing infrastructure due to topography or
other barriers and not used as a means to
circumvent extending city services in are-
as where it is feasible.
10-7-2 REGULATIONS.
The regulations set forth in this Chap-
ter and the regulations contained in
Chapter 5 shall apply in the “R-R” Rural
Residential District.
A. Principal Permitted Uses:
1. Single-family dwellings.
2. Farming, specialized animal farms
and truck gardening, but not on a
scale that would be obnoxious to adja-
cent areas because of noise or odors.
The Urban Animal Hobby Farm
(UAHF) regulations of Section 10-27-
1(U) shall govern specialized animal
farms and the keeping of farm ani-
mals and livestock, except when on a
farm of over 35 acres. [Ordinance 5417,
8/28/17]
3. Public or semi-public parks.
4. Public utility structures and equip-
ment necessary for the operation
thereof 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. Temporary buildings for uses inci-
dental to construction work, which
buildings shall be removed upon the
completion or abandonment of the
construction work.
3. Home Occupations
4. Stables, non-commercial where there
exists an area devoted to such pur-
poses of twenty thousand (20,000)
square feet with an additional ten
thousand (10,000) square feet per an-
imal exceeding two (2) in number
housed or tethered and provided fur-
ther that no structure or building for
the stabling of horses or tethering area
be closer than fifty (50) feet from the
abutting residential properties. The
area devoted to such uses shall be
kept in a clean and sanitary condition
10-7-3 HEIGHT REGULATIONS.
No building shall exceed three (3) sto-
ries or forty (40) feet in height, except as
provided in Section 10-27-1.
10-7-4 BULK REGULATIONS.
The following minimum requirements
shall be observed, subject to the modified
CHAPTER 8
“R-1” ONE AND TWO FAMILY RESIDENCE DISTRICT 10-8-1 REGULATIONS.
46
requirements contained in Section 10-27-
1:
“R-R” RURAL RESIDENCE DISTRICT
USE Minimum
Lot Area
Maximum
Lot Area
Minimum Lot
Width
Minimum
Front Yard
Minimum Side
Yard
Minimum Rear
Yard
Single Family Dwell-
ings
1.5 Acres 10 Acres 150 Feet 50 Feet 25 Feet 50 Feet
Other Permitted Uses 1.5 Acres 10 Acres 150 Feet 50 Feet 25 Feet 50 Feet
CHAPTER 8
“R-1” ONE AND TWO
FAMILY RESIDENCE
DISTRICT
10-8-1 REGULATIONS.
The regulations set forth in this Chap-
ter and the regulations contained in
Chapter 5 shall apply in the “R-1” Resi-
dence District.
The “R-1” District is intended to pro-
vide for areas of the community which
are suitable for low density residential
uses that are adjacent to residential, pr o-
fessional office or neighborhood commer-
cial uses. Any outside storage of materials
or equipment shall be limited and clearly
incidental and accessory to the Principal
Permitted Use, and shall not include the
outside storage of junk or salvage mater i-
al or similar debris. Outside storage of
materials or equipment shall not be per-
mitted in a front yard. This provision
shall not restrict the outside storage of li-
censed and operable vehicles that are a c-
cessory and clearly incidental to the Prin-
cipal Permitted Use.
A. Principal Permitted Uses:
1. One and two family dwellings, includ-
ing two-family row dwellings. [Ordi-
nance 4618, 6/16/03] Alterations and
conversions of single family dwellings
into two family dwellings shall only
be allowed in accordance with the lot
area, frontage and yard requirements
as set forth in this Section, and upon
approval of a Special Permit by the
Board of Adjustment after recom-
mendation of the Commission. [Ordi-
nance 5288, 06/15/15]
2. Religious facilities, upon approval of a
Special Permit by the Board of Ad-
justment after recommendation of the
Commission.
3. 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
recommendation of the Commission.
4. Private recreational areas and facilities
such as swimming pools, skating facil-
ities, community building or indoor
institutional or community recreation
centers or fields, country clubs, golf
courses and driving ranges when in-
cidental to a golf course, upon ap-
proval of a Special Permit by the
Board of Adjustment after recom-
mendation of the Commission. [Ordi-
nance 5395, 04/10/17]
5. Farming and truck gardening, but not
on a scale that would be obnoxious to
CHAPTER 8
“R-1” ONE AND TWO FAMILY RESIDENCE DISTRICT 10-8-1 REGULATIONS.
47
adjacent areas because of noise or
odors, and provided that no struc-
tures shall be permitted unless acces-
sory to another Principal Permitted
Use or unless such structures are lo-
cated on a farm as defined herein. The
Urban Animal Hobby Farm (UAHF)
regulations of Section 10-27-1(U) shall
govern specialized animal farms and
the keeping of farm animals and live-
stock, except when on a farm of over
35 acres. [Ordinance 5417, 8/28/17]
6. Family Homes. [Ordinance 3959,
7/26/93] [Ordinance 4554, 6/3/02]
7. Recreational vehicles as defined here-
in within special flood hazard areas
zoned A, AH, AO and AE on the
Flood Insurance Rate Map must:
a. Be on the site for fewer than 180
consecutive days, and
b. 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]
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, upon approval of a Sp e-
cial Permit by the Board of Adjus t-
ment after recommendation of the
Commission, except as provided in
Section 10-27-1.
10. Public or private cemetery or burial
ground provided it is on a minimum
of thirty (30) acres, upon approval of a
Special Permit by the Board of Ad-
justment after recommendation of the
Commission. This provision shall not
prohibit the expansion of an existing
cemetery or burial ground that is less
than thirty (30) acres. [Ordinance 5395,
04/10/17]
11. Public utility structures and equip-
ment necessary for the operation
thereof in accordance with Section 10-
27-1.
12. Transmitting stations and towers 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]
Accessory structures shall meet the
requirements provided for residential
accessory structures in Section 10-5-
1(E), including structures accessory to
non-residential Principal Permitted
Uses unless approved by Special Per-
mit.
2. Temporary buildings for uses inci-
dental to construction work, which
buildings shall be removed upon the
completion or abandonment of the
construction work.
3. Home occupations.
4. Horse Stables, non-commercial where
there exists an area devoted to such
purposes of twenty thousand (20,000)
square feet with an additional ten
thousand (10,000) square feet per
horse exceeding two (2) in number
housed or tethered and provided fur-
ther that no structure or building for
the stabling of horses or tethering area
be closer than fifty (50) feet from the
CHAPTER 9
“R-2” ONE AND TWO FAMILY RESIDENCE DISTRICT 10-8-2 HEIGHT REGULATIONS.
48
abutting residential properties. The
area devoted to such uses shall be
kept in a clean and sanitary condition.
10-8-2 HEIGHT REGULATIONS.
No building shall exceed two and one-
half (2½) stories or thirty-five (35) feet in
height, whichever is less, except as provided
in Section 10-27-1 and no accessory structure
shall exceed a height as provided in Section
10-5-1(E) unless approved by Special Permit.
[Ordinance 3050, 10/1/79]
10-8-3 BULK REGULATIONS.
[Ordinance 3293, 7/25/83]
The following minimum requirements
shall be observed, subject to the modified re-
quirements contained in Section 10-27-1:
“R-1” RESIDENCE DISTRICT
USE MINIMUM
LOT AREA
MINIMUM
LOT
WIDTH
MINIMUM
LOT AREA
PER
FAMILY
MINIMUM
FRONT
YARD (1)
MINIMUM SIDE
YARD
MINIMUM
REAR
YARD (3) (4)
MAXIMUM
LOT
COVERAGE
(2)
Single Fami-
ly Dwellings
9,000 sq. ft. 75 feet 9,000 sq. ft. 30 ft. 10% of the lot width,
which in any case
shall not be required
to exceed 10 feet
30 ft. 35%
Two Family
Dwellings
10,000 sq. ft. 80 feet 5,000 sq. ft. 30 ft. 10% of the lot width,
which in any case
shall not be required
to exceed 15 feet
30 ft. 35%
Other
Permitted
Uses
10,000 sq. ft. 80 feet 10,000 sq. ft. 35 ft. 10% of the lot width,
which in any case,
shall not be required
to exceed 20 feet
35 ft. No Maximum
(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.
(2) No structure or combination of structures shall cover more than thirty-five (35) percent of the total lot area. This includes, but is
not limited to, detached garages, sheds, all other accessory structures as well as the principal use, but does not include a deck as
defined herein, provided no roof exists over the deck. This requirement pertains to single family and two family homes exclu-
sively. [Ordinance 4709, 8/9/04]
(3) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot line. In
these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established. This
provision applies to lots abutting the side yards that are not developed as a reverse frontage lot.
(4) For every additional foot the front yard depth is increased over the required setback, the rear yard may be decreased in direc t
proportion thereto, but in no case shall the rear yard be less than ten (10) feet.
CHAPTER 9
“R-2” ONE AND TWO
FAMILY RESIDENCE
DISTRICT
10-9-1 REGULATIONS.
The regulations set forth in this Chapter
and contained in Chapter 5 shall apply in the
“R-2” One and Two Family Residence Dis-
trict.
The “R-2” District is intended to provide for
areas of the community which are suitable for
low density residential uses that are adjacent
to residential, professional office or neighbor-
hood commercial uses. Any outside storage
of materials or equipment shall be limited
and clearly incidental and accessory to the
CHAPTER 10
“R-3” MULTIPLE RESIDENCE DISTRICT 10-9-2 HEIGHT REGULATIONS.
49
Principal Permitted Use, and shall not include
the outside storage of junk or salvage mater i-
al or similar debris. Outside storage of mat e-
rials or equipment shall not be permitted in a
front yard. This provision shall not restrict
the outside storage of licensed and operable
vehicles that are accessory and clearly inci-
dental to the Principal Permitted Use.
A. Principal Permitted Uses:
1. Any use permitted in the “R-1” Resi-
dence District.
B. Accessory Uses:
1. Any accessory use permitted in the
“R-1” District.
10-9-2 HEIGHT REGULATIONS.
Same as specified in the “R-1” District.
10-9-3 BULK REGULATIONS.
[Ordinance 3210, 5/10/82]
The following minimum requirements
shall be observed subject to the modified re-
quirements contained in Section 10-27-1:
“R-2” ONE AND TWO FAMILY RESIDENCE DISTRICT
USE MINIMUM
LOT AREA
MINIMUM
LOT
WIDTH
MINIMUM
LOT AREA
PER FAMILY
MINIMUM
FRONT
YARD (1)
MINIMUM
SIDE YARD
MINIMUM
REAR
YARD (3) (4)
MAXIMUM
LOT
COVERAGE (2)
Single Family
Dwelling
6,000 sq. ft. 50 ft. 6,000 sq. ft. 20 ft. 5 ft. 20 ft. 35%
Two Family Dwell-
ings
8,000 sq. ft. 70 ft. 4,000 sq. ft. 20 ft. 5 ft. 20 ft. 35%
Other Permitted
Uses
SAME AS SPECIFIED IN THE “R-1” DISTRICT
(1) The front yard depth of any lot abutting on a “Major Street” shall be measured from the proposed right-of-way lines as shown on
the Official Major Street Plan.
(2) No structure or combination of structures shall cover more than thirty-five (35) percent of the total lot area. This includes, but is
not limited to, detached garages, sheds, all other accessory structures as well as the principal use , but does not include a deck as
defined herein, provided no roof exists over the deck. This requirement pertains to single family and two family homes exclu-
sively. [Ordinance 3210, 5/10/82]
(3) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot li ne. In
these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established. This
provision applies to lots abutting the side yards that are not developed as a reverse frontage lot.
(4) For every additional foot the front yard depth is increased over the required setback, the rear yard may be decreased in direct
proportion thereto, but in no case shall the rear yard be less than ten (10) feet.
CHAPTER 10
“R-3” MULTIPLE RESIDENCE
DISTRICT
[Ordinance 2524, 4/27/70]
10-10-1 REGULATIONS.
The regulations set forth in this Chapter
and contained in Chapter 5 shall apply in the
“R-3” Multiple Residence District.
The “R-3” District is intended to provide for
areas of the community which are suitable for
low, medium and high density residential
uses that are adjacent to residential, profes-
sional office or neighborhood commercial us-
es. Any outside storage of materials or
equipment shall be limited and clearly inci-
dental and accessory to the Principal Permit-
ted 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
CHAPTER 10
“R-3” MULTIPLE RESIDENCE DISTRICT 10-10-2 HEIGHT REGULATIONS.
50
yard. This provision shall not restrict the
outside storage of licensed and operable ve-
hicles that are accessory and clearly incidental
to the Principal Permitted Use.
A. Principal Permitted Uses:
1. Any use permitted in the “R-2” One
and Two Family Residence District.
2. Multiple, Condominium and Row
Dwellings.
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 a f-
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 Sp e-
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 Adjus t-
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 a f-
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][Ordinance 5648, 6/20/22]
Accessory structures shall meet the
requirements provided for residential
accessory structures in Section 10-5-
1(E), including structures accessory to
non-residential principally permitted
uses unless approved by Special Per-
mit.
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
CHAPTER 11
“R-4” MULTIPLE RESIDENCE DISTRICT 10-10-3 BULK REGULATIONS.
51
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]
The following minimum requirements
shall be observed, subject to the modified re-
quirements contained in Section 10-27-1:
“R-3” MULTIPLE RESIDENCE DISTRICT
USE MINIMUM
LOT AREA
MINIMUM
LOT
WIDTH
MINIMUM
LOT AREA
PER FAMILY
MINIMUM
FRONT
YARD(1)
MINIMUM
SIDE YARD
MINIMUM
REAR YARD
(5) (6)
MAXIMUM
LOT
COVERAGE (4)
Single Family
Dwellings
6,000 sq. ft. 50 feet 6,000 sq. ft. 20 feet 5 feet 20 feet 35%
Two Family
Dwellings
7,200 sq. ft. 70 feet 3,600 sq. ft. 20 feet 5 feet 20 feet 35%
Multiple Dwell-
ings, Condomin-
ium, & Row
Dwellings &
Other Permitted
Uses (2):
1 & 1.5 story
2 & 2.5 story
3 story
10,000 sq. ft. 80 feet 2,500 sq. ft. 30 feet
5 feet
10 feet
10 feet
30 feet No Maximum
Mobile Home
park (2)
20 acres total
area
150 feet total
width
6,000 sq. ft.
per unit
20 feet around
perimeter
20 ft. around
perimeter (3)
20 feet around
perimeter
No Maximum
(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.
(2) Above yard requirements for mobile home parks and multiple dwellings, including multiple dwelling condominium and row
dwellings, apply to total area and not individual units except minimum lot area per family requirement.
(3) Side yard requirements for mobile home parks may be reduced to ten (10) feet where su ch court or park abuts a less restrictive
zoning district.
(4) No structure or combination of structures shall cover more than thirty-five (35) percent of the total lot area. This includes, but is
not limited to, detached garages, sheds, as well as the principal use, but does not include a deck as defined herein, provided no
roof exists over the deck. This requirement pertains to single family and two family homes exclusively. [Ordinance 3210, 5/10/82]
(5) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot line. In
these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established. This
provision applies to lots abutting the side yards that are not developed as a reverse frontage lot.
(6) For every additional foot the front yard depth is increased over the required setback, the rear yard may be decreased in dire ct
proportion thereto, but in no case shall the rear yard be less than ten (10) feet.
CHAPTER 11
“R-4” MULTIPLE RESIDENCE
DISTRICT
10-11-1 REGULATIONS.
[Ordinance 3050, 10/1/79]
The regulations set forth in this Chapter
and contained in Chapter 5 shall apply in the
“R-4” Multiple Residence District.
The “R-4” District is intended to provide for
areas of the community which are suitable for
low, medium and high density residential
uses and professional offices that are adjacent
CHAPTER 11
“R-4” MULTIPLE RESIDENCE DISTRICT 10-11-1 REGULATIONS.
52
to residential, professional office or neighbo r-
hood commercial uses. Any outside storage
of materials or equipment shall be limited
and clearly incidental and accessory to the
Principal Permitted Use, and shall not include
the outside storage of junk or salvage mater i-
al or similar debris. Outside storage of mat e-
rials or equipment shall not be permitted in a
front yard. This provision shall not restrict
the outside storage of licensed and operable
vehicles that are accessory and clearly inci-
dental to the Principal Permitted Use.
A. Principal Permitted Uses:
1. Any use permitted in the “R-3” Dis-
trict.
2. Funeral Homes & Mortuaries
3. Halfway (Rehabilitation) Houses, up-
on approval of a Special Permit by the
Board of Adjustment after review by
the Commission. The Rehabilitation
(Halfway) House shall be at least 600
feet from a one or two family home,
and one-thousand (1,000) feet from a
school, adult use, Family Home,
Group Home, or another Halfway
(Rehabilitation) House. [Ordinance
4554, 6/3/02]
4. Group Homes (Voluntary Unsuper-
vised), upon approval of a Special
Permit by the Board of Adjustment a f-
ter review by the Commission. The
Group Home shall be at least six-
hundred (600) feet from a one or two
family home, school, adult use, Family
Home, Group Home, or Rehabilitation
(Halfway) House. [Ordinance 4554,
6/3/02]
5. Group Homes (Involuntary Super-
vised), upon approval of a Special
Permit by the Board of Adjustment a f-
ter review by the Commission. The
Group Home shall be at least six-
hundred (600) feet from a one or two
family home, school, adult use, Family
Home, Group Home, or Rehabilitation
(Halfway) House. [Ordinance 4554,
6/3/02]
6. Professional Offices, with less than
forty (40) percent of the building(s)
used for storage and or repair, such
as:
Accountants
Architects
Art Schools
Artists
Barber Shop
Beauty Shop
Charity/Philanthropy
Church Offices
Civil Engineers
Collection Agency
Credit Bureau
Dental Offices
Entertainment Bureau
Insurance
Lawyers
Medical Offices and Clinics with Dis-
pensary
Nurses Registry
Psychologists
Public Stenographers
Real Estate
Other similar professional office uses
not included in the above list subject
to the administrative review and ap-
proval of the Planning staff. If staff de-
termines that the proposed use is not
similar in nature, it shall be consid-
ered a proposed use not covered by t i-
tle, as regulated in 10-5-1(R).
7. Tourist Home
8. Recording Studios [Ordinance 3739,
8/20/90]
9. Senior organ/piano training center
[Ordinance 4424, 7/10/00]
B. Accessory Uses:
1. Accessory uses permitted in the “R-3”
District.
CHAPTER 11
“R-4” MULTIPLE RESIDENCE DISTRICT 10-11-2 HEIGHT REGULATIONS.
53
10-11-2 HEIGHT REGULATIONS.
No buildings shall exceed four (4) stories
or forty-eight (48) feet in height at the re-
quired front, side and rear yard lines, e xcept
two (2) feet may be added to the height pe r-
mitted at said yard lines 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.
10-11-3 BULK REGULATIONS.
[Ordinance 3210, 5/10/82]
[Ordinance 3908, 12/21/92]
[Ordinance 4592, 1/6/03]
The following minimum requirements
shall be observed subject to the modified re-
quirements contained in Section 10-27-1:
“R-4” MULTIPLE FAMILY RESIDENCE DISTRICT
USE MINIMUM
LOT AREA
MINIMUM
LOT
WIDTH
MINIMUM
LOT AREA
PER FAMILY
MINIMUM
FRONT
YARD (1)
MINIMUM SIDE
YARD
MINIMUM
REAR
YARD (4) (5)
MAXIMUM
LOT
COVERAGE (3)
Single Family
Dwellings
6,000 sq. ft. 50 ft. 6,000 sq. ft. 20 ft. 5 ft. 20 ft. 35%
Two Family
Dwellings
7,200 sq. ft. 60 ft. 3,600 sq. ft. 20 ft. 5 ft. 20 ft. 35%
Multi-Family &
Other Permit-
ted Uses (6) :
1 & 1 ½ stories 8,000 sq. ft. 65 ft. 2,000 sq. ft. for
the first 4
units
20 ft. 5 ft. 35 ft. No Maximum
2 & 2 ½ stories 8,000 sq. ft. 65 ft. plus 850 sq. ft.
per additional
unit on 1st,
20 ft. 10 ft. 35 ft. No Maximum
3 & 3 ½ stories 8,000 sq. ft. 70 ft. 2nd, 3rd floor
and 450 sq. ft.
20 ft. 10 ft. 35 ft. No Maximum
4 stories 8,000 sq. ft. 80 ft. per unit above
3rd
20 ft. 10 ft. 35 ft. No Maximum
Mobile Home
Park (6)
20 acre total
area
150 feet total
width
3,000 sq. ft.
per unit
20 ft. around
perimeter
20 ft around pe-
rimeter (2)
20 ft. around
perimeter
No Maximum
(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.
(2) Side yard requirements for mobile home parks may be reduced to ten (10) feet where such p ark abuts a less restrictive zoning
district.
(3) No structure or combination of structures shall cover more than thirty-five (35) percent of the total lot area. This includes, but is
not limited to, detached garages, sheds, as well as the principal use , but does not include a deck as defined herein, provided no
roof exists over the deck. This requirement pertains to single family and two family homes exclusively. [Ordinance 3210, 5/10/82]
(4) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot line. In
these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established. This
provision applies to lots abutting the side yards that are not developed as a reverse frontage lot.
(5) For every additional foot the front yard depth is increased over the required setback, the rear yard may be decreased in dire ct
proportion thereto, but in no case shall the rear yard be less than ten (10) feet.
(6) Above yard requirements for mobile home parks and multiple dwellings, including multiple dwelling condominium and row
dwellings, apply to total area and not individual units except minimum lot area per family requirement.
CHAPTER 12
”R-P” PLANNED RESIDENCE DISTRICT 10-12-1 GENERAL REGULATIONS.
54
CHAPTER 12
”R-P” PLANNED RESIDENCE
DISTRICT
10-12-1 GENERAL REGULATIONS.
[Ordinance 3223, 6/21/82]
A. Intent.
The “R-P” District is intended and de-
signed to provide a means for the develop-
ment of tracts of land on a unit basis, allo w-
ing greater flexibility and diversification of
land uses and building locations than the
conventional single lot method. It is the in-
tent of this Section that the basic principles of
good land use planning be maintained and
that sound zoning standards as set forth in
this Ordinance concerning population densi-
ty, adequate light and air, recreation and
open space and building be preserved.
B. Uses Permitted.
Single family, two family and multiple
family dwellings, except that no multiple
family dwellings will be allowed in the “R-
1,R-P” or “R-2,R-P” Districts. Occupant gar-
ages and storage space, and similar accessory
uses. Non-commercial, outside and inside
recreational facilities. Neighborhood retail
uses and those permitted in the “C-1” Com-
mercial District may be specifically and selec-
tively authorized by the City Council upon
recommendation of the Commission, except
that no commercial uses or activities will be
allowed in “R-1, R-P” or “R-2, R-P” areas and
any approved commercial areas must be
within an overall “R-P” Planned Residence
package of more than ten (10) acres. Com-
mercial uses and accessory uses shall be in
accordance with this Section and also Section
10-14-1, not to exceed twenty-five (25) percent
of the overall development, however, profes-
sional office uses shall not count towards the
percentage of allowed commercial uses.
C. Procedure.
Whenever any application for an “R-P”
Planned Residence District as an amendment
to the Zoning Ordinance is submitted for a
particular development, the following proce-
dure shall be utilized to facilitate said
amendment:
1. The owner or owners of any tract of
land comprising an area of not less
than two (2) acres may submit a peti-
tion requesting to change to the “R-P”
Zoning District Classification, except
that there shall not be a minimum ar-
ea for property within the consolidat-
ed urban revitalization or enterprise
zone area. [Ordinance 4710, 8/9/04]
2. Three (3) copies of the development
plan shall be submitted and referred
to the Commission for study and re-
port. The Commission shall then re-
view the conformity of the proposed
development with the standards of
the Comprehensive Plan and with
recognized principles of civic design,
land use planning and landscape ar-
chitecture.
3. The Commission may require a time-
table and a development schedule for
the project. The Commission may al-
so require that no permit for any
commercial structure or building shall
be issued until at least twenty-five (25)
percent of the Planned Residence Dis-
trict in question is developed for resi-
dential uses allowable under its par-
ticular zoning classification.
4. The Commission may require, in the
absence of an appropriate physical
barrier along the project boundary,
that uses not be in conflict with those
allowed in adjoining property or a
buffer of open space or screening be
arranged along the borders of the pro-
ject.
CHAPTER 12
”R-P” PLANNED RESIDENCE DISTRICT 10-12-1 GENERAL REGULATIONS.
55
5. After notice and a public hearing, the
Commission may recommend ap-
proval or disapproval of the deve l-
opment plan and zoning petition as
submitted or require that the petition-
er amend the plan to preserve the in-
tent and purpose of this Ordinance to
promote public health, safety and
general welfare.
6. The development plan and zoning p e-
tition as recommended by the Com-
mission shall then be reported to the
City Council, whereupon the City
Council after notice and a public hear-
ing may 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.
7. Required Documents - Site Develop-
ment Plan
a. A site analysis showing a review
of topography, patterns, e xisting
vegetation, sanitary sewer and
water service, and major street
connections.
b. A schematic at 1" = 50' minimum
showing location of:
i. Buildings with height and ex-
terior design of typical struc-
tures and the number of dwell-
ing units in each
ii. Parking areas
iii. Access drives and sidewalks
iv. Streets abutting or within the
proposed development
v. Required peripheral yards
vi. Common land, recreation are-
as and parks
vii. Existing and proposed utilities
and public easements
viii. Development stages and tim-
ing
ix. All proposed walls and fences
x. Proposed signs and their lo-
cation
xi. Lighting facilities and their lo-
cation
xii. Name of property owner or
owners, legal description of
the property, point of com-
pass, scale and date
xiii. However, the applicant may
also choose an alternate two-
stage public hearing process in
which the following would oc-
cur:
(a) The applicant would need
to submit an overall site
plan with a preliminary
layout of streets, types of
development, access
drives, and a legal descrip-
tion of the property. Such
a plan would be forwarded
to the Commission for
their recommendation on
the rezoning of the land
only. However, nothing in
this Section shall be
deemed to constitute ap-
proval of (b) below upon
approval of this Section.
(b) If the rezoning of the land
only is approved by City
Council after review by the
Commission, the request
must then go to a second
public hearing process for
the approval of the final
development plan. Said
final plan would include
the criteria listed above in
subsection (7)(b)(i-xii) and
any additional information
deemed necessary by the
Commission or City Coun-
cil. [Ordinance 4358, 5/3/99]
Said final development
plan must be approved be-
CHAPTER 12
”R-P” PLANNED RESIDENCE DISTRICT 10-12-1 GENERAL REGULATIONS.
56
fore any development can
occur and before construc-
tion of any public infra-
structure.
8. Site Plan Amendments
a. Major
Any change in the site plan
deemed to be substantial after the
Council has approved the plan
shall be resubmitted and consid-
ered in the same manner as the
original site plan. The site plan
shall be prepared in accordance
with Section 10-12-1(C) (Proce-
dure) of this Section.
Examples of major changes may
include, but are not limited to the
following: changes in density,
changes in classification of land as
assigned on the approved site d e-
velopment plan, the exterior street
connections or major traffic
changes. A change in use may go
through the minor approval pro-
cess as long as the change is simi-
lar to the type of use approved
with the development plan, and if
compatibly designed in relation to
surrounding uses. Similar shall be
defined as a permitted use in the
same zoning classification (R-1, R-
2, R-3 or R-4) as the site in ques-
tion is listed as on the approved
site plan. Areas not designated or
designated as residence or one
and two family residence shall
permit “R-2” uses. Areas desig-
nated as multiple family or multi-
ple residence shall permit “R-4”
uses excluding office uses. Areas
designated as office or profession-
al office shall permit “R-4” office
uses.
b. Minor
A site plan shall be prepared in
accordance with Section 10-12-
1(C) (Procedure) of this Section for
any alteration to a site plan locat-
ed in an “R-P” Planned Residence
District. Minor Site Plan Amend-
ments shall be administratively
reviewed by the Planning staff. If
the change is considered insignifi-
cant in nature, staff may approve
the change without a review and
public hearing before the Com-
mission and City Council.
Examples of minor changes may
include, but are not limited to the
following: the location, construc-
tion, replacement or change in
type of signage; change in use of a
site to another use classified in the
same zoning district; minor
change in building locations; or
change in the locations of access,
driveways, or parking areas,.
These changes may be carried out
through the administrative review
and approval of the Planning staff.
Minor changes may include addi-
tions to an existing building which
do not increase the floor area by
more than fifty (50) percent of the
floor area of the building pro-
posed to be added on to and new
buildings with a floor area not ex-
ceeding ten (10) percent of the
floor area of all existing or ap-
proved principal buildings. Minor
changes may also include a
change in the location or type of
residential structure(s) as long as
the overall density (units per acre)
is not significantly increased by
more than what was previously
approved. If staff determines that
the magnitude of any such change
is significant in nature or could
become significant in nature, the
change, it shall be deemed major
and shall be resubmitted and con-
sidered in the same manner as the
original site plan in accordance
with Section 10-12-1(C) (Proce-
dure), including a public hearing
CHAPTER 12
”R-P” PLANNED RESIDENCE DISTRICT 10-12-1 GENERAL REGULATIONS.
57
before the Commission and City
Council. In determining if a
change is significant in nature the
Planning staff shall consider,
among other things, the overall
design of the proposed change
and its compatibility to the exist-
ing development and surrounding
development, as well as impact on
the neighborhood due to changes
in parking, traffic, etc. or changes
in visibility or aesthetics from the
public roads or adjoining proper-
ties caused by the proposed
change.
D. Standards.
1. All dedicated streets, sanitary sewers
and storm sewers shall be subject to
the approval of the City Engineer.
2. No building permit for any building
or other structure within the devel-
opment shall be issued until the final
development plan is approved by the
City Council.
3. The parking requirements of the Zon-
ing Ordinance shall apply to all de-
velopments, except the City Council
may, after recommendation from the
Commission, alter those requirements
to preserve the intent and purpose of
this Ordinance.
4. The minimum yard requirements of
the underlying zoning district in
which the development is located
shall not apply except that the re-
quired yard shall be compatible
and/or similar to adjacent properties
provided around the boundary of the
development. However, the Commis-
sion and City Council may require
additional setbacks or other require-
ments if needed.
5. The maximum building height within
the development boundaries shall not
exceed the maximum height regula-
tions of its underlying zoning district,
except that for development at least
one hundred (100) feet from the de-
velopment boundaries, Council may,
after recommendation from the Plan-
ning, Programming and Zoning
Commission, alter these requirements.
6. The Commission and City Council
will review each plan to determine the
number of dwelling units to be per-
mitted.
The maximum number of dwelling
units permitted in an “R-P” District
shall be determined by dividing the
net development area by minimum lot
area per dwelling unit required by the
zoning district or districts in which
the Planned Unit Development is lo-
cated and then multiplying by a mul-
tiplier of one hundred twenty-five
(125) percent.
Net development shall be determined
by subtracting the area actually pro-
posed for public street right-of-way
from the gross development area. The
area of land set aside for common
land, private drives, private streets,
off-street parking, open space, recrea-
tion areas, as well as the building sites
shall be included in determining the
maximum number of dwelling units
permitted.
E. Deed Restrictions.
The Commission or City Council may
consider any deed restrictions or covenants
entered into or contracted by the developer
concerning the use of common land or per-
manent open spaces. Common land as herein
contained shall refer to land retained in pri-
vate ownership but intended for the use of
residents of the development unit or the gen-
eral public.
F. Commencement and Completion.
The Council may condition the approval
of the site plan upon the developer commenc-
ing construction of the development within
two (2) years and contingent upon comple-
CHAPTER 13
“S-1” SHOPPING CENTER DISTRICT 10-13-1 REGULATIONS.
58
tion of construction and improvements with-
in a reasonable period of time after Council
approval. In determining such time period,
the Council shall consider the scope and
magnitude of the development. Failure to
meet these requirements shall be deemed suf-
ficient cause for the Council, in accordance
with the provisions of this Ordinance to re-
zone the subject property to the zoning class i-
fication effective at the time of the original
submittal of the petition unless an extension
is approved by the Council for due cause
shown after recommendation by the Co m-
mission.
G. Land Usage.
The land usage, minimum lot area, yard
height, and accessory uses shall be d eter-
mined by the requirements set out in this Se c-
tion, which shall prevail over conflicting re-
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 par t
or portion of the development, the pla tting
procedure must be followed in accordance
with the City of Waterloo Subdivision Ord i-
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
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 compa t-
ible uses, with various facilities designed to
be used in common, such as ingress and
egress roads, extensive parking accommod a-
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 Ord i-
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 d e-
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-
CHAPTER 13
“S-1” SHOPPING CENTER DISTRICT 10-13-1 REGULATIONS.
59
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
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 deve l-
opment with the standards of the Compr e-
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 Co m-
mission deems necessary to the end that it
preserve the intent and purpose of this Ordi-
nance to promote public health, safety, mo r-
als, and general welfare. The development
plan as approved by the Commission shall
then be reported to the City Council, wher e-
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-l” 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, and except as limited by this district,
provided, however, the Council may consider
any additional restrictions proposed by the
owner. [Ordinance 5648, 6/20/22] The lot area,
lot frontage, and yard requirements of the
“C-2” District shall be considered minimum
for the “S-l” District; however, it is expected
that these minimums will be exceeded in
most situations. Buildings may be erected to
heights greater than those allowed in the
“C-2” District in accordance with the intent
and purpose of this Section, and the mini-
mum yard requirements and parking re-
quirements of this Ordinance shall apply to
all developments, except that the City Coun-
cil may, after recommendation from the
Commission, alter those requirements to pre-
serve the intent and purpose of this Ordi-
nance.
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-
CHAPTER 14
“C-1” NEIGHBORHOOD COMMERCIAL DISTRICT 10-14-1 REGULATIONS.
60
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
public hearing before the Commission and
City Council.
Examples of minor changes may include, but
are not limited to the following: the location,
construction, replacement or change in type
of signage; change in use to a similar use ap-
proved with the development plan; minor
change in building locations; or change in the
locations of access, driveways, or parking a r-
eas. These examples may be carried out
through the administrative review and ap-
proval of the Planning staff. Multiple pole
signs on a single site will be considered as a
major change.
Minor changes may include additions to
an existing building or new buildings which
do not increase the existing floor area by
more than ten (10) percent of the floor area of
all existing or approved principal buildings.
If staff determines that the magnitude of any
such change is significant in nature or could
become significant in nature, the change shall
be deemed major and the change shall be re-
submitted and considered in the same man-
ner as the original site plan in accordance
with Section 10-13-1(A) (Procedures), includ-
ing a public hearing before the Commission
and City Council. In determining if a change
is significant in nature the Planning staff shall
consider, among other things, the overall d e-
sign of the proposed change and its comp ati-
bility to the existing development and su r-
rounding development, as well as impact on
the neighborhood due to changes in parking,
traffic, etc. or changes in visibility or aesthet-
ics from the public roads or adjoining prope r-
ties caused by the proposed change.
CHAPTER 14
“C-1” NEIGHBORHOOD
COMMERCIAL DISTRICT
[Ordinance 3192, 2/22/82]
10-14-1 REGULATIONS.
The regulations set forth in this Chapter
and contained in Chapter 5 shall apply in the
“C-1” Neighborhood Commercial District.
The “C-1” Neighborhood Commercial
District is intended to provide for areas of the
community which are suitable for a commer-
cial development and are adjacent to Res i-
dence Districts and in which such commercial
uses are permitted as are normally required
for the daily local retail business needs of the
residents of the locality only. Any outside
storage of materials or equipment shall be
limited and clearly incidental and accessory
to the Principal 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 re-
strict the outside storage of licensed and op-
erable vehicles that are accessory and clearly
incidental to the Principal Permitted Use, and
shall not restrict outside display areas when
such display areas display items that can be
legally sold by a commercial business on the
property and when the display area does not
exceed an area equal to the area occupied by
the building(s) on a property.
A. Principal Permitted Uses:
1. Any use permitted in the “R-4” District.
2. Group Homes [Ordinance 4554, 6/3/02]
CHAPTER 14
“C-1” NEIGHBORHOOD COMMERCIAL DISTRICT 10-14-1 REGULATIONS.
61
3. Any retail business or service estab-
lishment such as the following, except
that fireworks sales shall be prohibit-
ed [Ordinance 5484, 2/18/19]:
Animal Hospital or Veterinary Clinic,
provided all phases of the business
conducted upon the premises be with-
in a building where noises and odors
are not evident to adjacent properties
Antique Shop
Apparel Shop
Bakery, retail only
Barber Shop or Beauty Parlor
Bicycle Shop
Bookstore
Candy Shops, retail only
Car Wash
Clothes Cleaning and Laundry Pickup
Stations
Coffee House
Collection Office or Public Utility
Commercial Parking Lots for passen-
ger vehicles in accordance with the
provisions of Section 10-25-2
Convenience Store [Ordinance 4976,
11/23/09]
Dairy Store, retail only
Delicatessen and Sub Shop
Dry Goods Store
Drug Store
Financial Institution
Florist and Nursery Shop, retail only
Fruit and Vegetable Market
Furniture Store
Gasoline Stations
Gift Shop
Grocery Store
Hardware Store
Hobby Shop
Household Appliances, sale and repair
Jewelry Store
Launderette (Laundromat)
Meat Locker, storage and retail sales only
Music Store
Paint and Wallpaper Store
Post Office Substation
Photographic Studio
Radio and Television Sales and Service
Radio and Television Studios, provid-
ed that any towers or transmitting fa-
cilities are in accordance with Section
10-27-1(B)(4)
Soda Fountain
Shoe Repair Shops
Sporting Goods
Tailor Shop
Theaters
Variety Store
Professional Cleaning Service exclud-
ing Dry Cleaners [Ordinance 5395,
04/10/17]
4. Any retail business or service estab-
lishment listed above that is also a
limited alcohol sales use as defined
herein, further subject to the following
requirements:
a. No alcohol sales use shall sell or
dispense alcoholic beverages via a
drive-through or walk-up window
or any similar drive-up or drive-in
system. Notwithstanding any-
thing in Section 10-5-1(B) to the
contrary, any alcohol sales use
that made use of such a window
or system before adoption of Or-
dinance 4976 on 11/23/2009 shall
cease and desist from use of such a
window or system, and shall
comply with the requirements of
this paragraph, no later than De-
cember 31, 2012.
CHAPTER 14
“C-1” NEIGHBORHOOD COMMERCIAL DISTRICT 10-14-2 BULK REGULATIONS.
62
b. For the establishment of new alco-
hol sales use locations, fencing or
other approved screening shall be
constructed along the property
line with any abutting protected
use, unless determined by the City
Planner or designee to be infeasi-
ble. [Ordinance 4976, 11/23/09]
c. Except as set forth below, no es-
tablishment that is a limited alco-
hol sales use (off-premise con-
sumption) shall exhibit on the ex-
terior of the premises any image
or verbiage that makes use of the
words “alcohol,” “beer,” “wine,”
”liquor,” or any variant or syno-
nym 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) and if not in violation
of Iowa Code § 123.51. Notwith-
standing anything in Section 10-5-
1(B) to the contrary, any existing
business that does not conform to
the foregoing requirements shall
conform no later than March 31,
2013. Standards for banner, port-
able, and temporary signs shall be
effective immediately. The limita-
tions of this paragraph shall not
apply to a 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]
5. Business or professional office and
similar uses not included in the above
list supplying commodities or per-
forming services primarily for resi-
dents of the neighborhood subject to
the administrative review and ap-
proval of the Planning staff. If staff
determines that the proposed use is
not similar in nature, it shall be con-
sidered a proposed use not covered
by title, as regulated in 10-5-1(R).
6. Specifically excluded as principal
permitted uses under this subsection
are delayed deposit service uses,
pawnbroker uses, and freestanding
commercial parking lots. [Ordinance
5288, 06/15/15]
B. Accessory Uses:
1. The following accessory uses are per-
mitted in a “C-1” District.
a. Accessory uses permitted in the
“R-4” District
b. Storage of merchandise incidental
to the principal use may be stored
in the principal building on the lot
in question, but not to exceed forty
(40) percent of the floor area for
said principal building.
C. Height Regulations.
No building shall exceed three (3) stories
or forty-five (45) feet in height at the required
front, side and rear yard lines, except two (2)
feet may be added to the height permitted at
said yard lines 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. [Ordinance 4709,
8/9/04]
10-14-2 BULK REGULATIONS.
[Ordinance 3192, 2/22/82]
[Ordinance 4592, 1/6/03]
The following minimum requirements
shall be observed subject to the modified re-
quirements contained in Section 10-27-1:
CHAPTER 15
“C-2” COMMERCIAL DISTRICT
63
“C-1” NEIGHBORHOOD COMMERCIAL DISTRICT
USE MINIMUM
LOT AREA
MINIMUM
LOT
WIDTH
MINIMUM
LOT AREA
PER
FAMILY
MINIMUM
FRONT
YARD (1)
MINIMUM
SIDE YARD
MINIMUM
REAR YARD
(2) (3)
MAXIMUM
LOT
COVERAGE
Residential
Uses
SAME AS SPECIFIED IN THE “R-4” DISTRICT
Other Permit-
ted Uses
No Minimum No Mini-
mum
No Mini-
mum
20 ft. (4) Same as “R-4”
District
35 ft. No Maximum
(1) The front yard depth of any lot abutting on a “Major Street” shall be measured from the proposed right-of-way lines as shown on
the Official Major Street Plan. [Ordinance 3908, 12/21/92]
(2) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot li ne. In
these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established. This
provision applies to lots abutting the side yards that are not developed as a reverse frontage lot.
(3) For every additional foot the front yard depth is increased over the required setback, the rear yard depth may be decreased in
direct proportion thereto, but in no case shall the rear yard be less than ten (10) feet.
(4) The front yard setback is required except any commercial use may be built to the nearest front yard depth (from the street ri ght-
of-way to the structure) of a structure that was legally established. This setback would apply to all structures on the same side of
the street between two (2) intersecting streets. On corner lots, this may include buildings addressed and/or having their front
yard setback facing a different street. [Ordinance 5288, 06/15/15]
CHAPTER 15
“C-2” COMMERCIAL
DISTRICT
[Ordinance 3192, 2/22/82]
10-15-1 REGULATIONS.
The regulations set forth in this Chapter
and contained in Chapter 5 shall apply in
the “C-2” Commercial District. The “C-2”
District is intended to provide for areas of
the community which are developed or will
be soon as moderate intensity commercial
area. These areas are often associated with
the major traffic arteries and highways lo-
cated within the community. Any outside
storage of materials or equipment shall be
limited and clearly incidental and accessory
to the Principal Permitted Use, and shall not
include the outside storage of junk or sa l-
vage 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
nursery, landscaping and garden material,
and licensed and operable vehicles, or unli-
censed operable vehicles for sale, that are
accessory and clearly incidental to the Prin-
cipal Permitted Use. This provision shall
not restrict other outside display areas
when such display areas display items that
can be legally sold by a commercial business
on the property and when the display area
does not exceed an area equal to the area
occupied by the building(s) on a property.
A. Principal Permitted Uses:
1. Any use permitted in the “C-1”
Commercial District, except that lim-
ited alcohol sales uses shall conform
to the terms set forth for such uses in
the “C-1” District.
2. Adult uses as defined in the defini-
tions Section, upon approval of a
Special Permit by the Board of Ad-
justment after review by the Com-
mission and provided that such uses
meet the following separation re-
quirements:
a. At least 600 feet from any other
adult use measured in a straight
line from the closest points of the
property lines in which the adult
uses are located.
b. At least 600 feet from any pro-
tected use as defined herein
CHAPTER 15
“C-2” COMMERCIAL DISTRICT 10-15-1 REGULATIONS.
64
which distance shall be meas-
ured in a straight line from the
closest point of the property line
which the adult use is located to
the closest point of the property
line in which is located an
aforementioned protected use. If
a protected use is a legal non-
conforming use, this provision
shall not apply. [Ordinance 3642,
5/1/89]
3. Non-Limited Alcohol Sales Uses,
upon approval of a Special Permit by
the Board of Adjustment after re c-
ommendation of the Commission,
except that a Special Permit shall not
be required if such use is located
along a principal arterial or inte r-
state according to the Urban Federal
Functional Classification System
prepared by IDOT, provided that
such uses meet the following re-
quirements:
a. Non-limited alcohol sales uses
shall conform to the require-
ments of Section 10-14-1(A)(4)(a)-
(b).
b. No non-limited alcohol sales use
(off-premise consumption) that
holds a Class E liquor control li-
cense or for which an application
for such a license has been sub-
mitted but not yet granted shall
be located within 600 feet from a
protected use, and no other non-
limited alcohol sales use shall be
located within 250 feet from a
protected use, as measured in a
straight line from the closest
point of the property line in
which an alcohol sales use is lo-
cated to the closest point of the
property line of any protected
use.
[Ordinance 4976, 11/23/09]
c. No non-limited alcohol sales use
(off-premise consumption) for
which a Class E liquor control li-
cense has been issued or for
which an application for such a
license has been submitted but
not yet granted shall be located
within 600 feet of another alcohol
sales use holding the same class
of license, as measured in a
straight line from the closest
points of the property lines in
which the alcohol sales uses are
located.
d. No non-limited alcohol sales use
shall be located within 250 feet of
another non-limited alcohol sales
use, as measured in a straight
line from the closest points of the
property lines in which the alco-
hol sales uses are located.
4. Animal Hospital or Veterinary Clinic
providing any exercising runway
shall be at least two hundred (200)
feet from any “R” District and one
hundred (100) feet from any “C-1”
District boundary.
5. Automobile, Motorcycle, Trailer and
Farm Implement establishments for
display, hire and sales (excluding
auctions and not including sales lots
without a principal building except
for satellite lots when the lot is abut-
ting or across a street from a lot with
a principal building including an of-
fice), including as incidental to these
major uses all repair work in connec-
tion with their own and customers’
vehicles, but not including uses in
which the major source of revenue is
from body and fender work. In ad-
dition, this paragraph shall not be
construed to include automobile,
tractor, or machinery salvage and
used parts yards. Machinery, sal-
vaged or used parts, and vehicles
not in running condition and not be-
CHAPTER 15
“C-2” COMMERCIAL DISTRICT 10-15-1 REGULATIONS.
65
ing actively restored to running con-
dition, or not DOT operational and
not licensed, shall be located in an
enclosed building.
6. Clothes Dry Cleaning and/or dyeing
establishments.
7. Commercial Indoor Recreational Fa-
cilities such as Billiard Parlors and
Pool Halls, Dance Halls and Ball-
rooms, Dance/Gymnastic/Ballet
Studios, Bowling Alleys, Skating
Rinks, Game Arcades, Tennis
Courts, Swimming Pools, Handball
Courts, Archery and Gun Firing
Ranges, Paintball and Laser Tag Fa-
cilities, Bounce House and Trampo-
line Facilities, and other similar In-
door Recreational Uses. Facilities
with both indoor and outdoor recre-
ational uses shall require Special
Permit approval as noted in subse c-
tion 8. below. [Ordinance 5395,
04/10/17]
8. Commercial and Private Outdoor
Recreational Uses such as Baseball
Fields, Swimming Pools, Skating,
Golf Driving Ranges, Commercial
Campgrounds, Hunting and Fishing
Clubs, Skeet or Trap Shooting Rang-
es, Archery and Gun Range Facili-
ties, Outdoor Paintball Facilities, Au-
tomobile Race Tracks, Drag Strips,
Go-cart Tracks, Mini Bikes or Activi-
ty Areas for Motorcycles, Snowmo-
biles, or ATV’s, Miniature/Goofy
Golf Courses, Drive-in Theaters, or
similar open air recreational uses
and facilities, upon approval of a
Special Permit by the Board of Ad-
justment after review by the Com-
mission. Private non-commercial ar-
eas, such as non-profit clubs, etc.
shall only require Special Permit ap-
proval if organized events or activi-
ties occur more than 12 times in a
calendar year. [Ordinance 5395,
04/10/17]
9. Contractor Businesses, including
Carpenter and Cabinet Shop, Plumb-
ing and Heating Shop, Roofing
Shop, Sheet Metal Shop, Sign Paint-
ing Shop, Landscaping Business,
and similar uses, provided there is
no outside equipment yard. [Ordi-
nance 5395, 04/10/17]
10. Contractor Businesses including
Contractor Equipment Yards, pro-
vided that equipment yards shall be
effectively screened on each side fac-
ing a Residential District and on
each side facing a public street by a
fence, wall or densely planted com-
pact hedge not less than six (6) feet
or more than eight (8) feet in height,
and, for equipment yards, upon ap-
proval of a Special Permit by the
Board of Adjustment after review by
the Commission.
11. Department Stores
12. Drinking Establishments, Taverns,
Bars and Night Clubs, Summer Gar-
dens, and Road Houses, including
entertainment and dancing, provid-
ed that any such use that meets the
definition of Alcohol Sales Use shall
meet the requirements for an alcohol
sales use.
13. Hotels [Ordinance 4592, 1/6/03]
14. Kennel, provided the principal
building is at least 250 feet and any
outside exercise or runway area is at
least 500 feet from any residentially
zoned property measured in a
straight line from the closest point of
the building or runway to the closest
residential zoned property line, and
upon approval of a Special Permit by
the Board of Adjustment after re-
view by the Commission.
15. Laundries or Laundromats
16. Lawn Mower Repair Shop
CHAPTER 15
“C-2” COMMERCIAL DISTRICT 10-15-2 BULK REGULATIONS.
66
17. Lumber Yards and Building Materi-
als, retail, but not including any
manufacturing or fabricating for
wholesaling operations.
18. Mini-storage or storage rental devel-
opment, upon issuance of a Special
Permit, which shall review the loca-
tion for compatibility of surround-
ing, highest and best use of land,
and proximity to a major thorough-
fare. [Ordinance 4683, 4/12/04] It is
the intent of this provision for such
uses to be towards the rear of highly
visible commercial property.
19. Monument Sales Yard, but not with-
out a principal building.
20. Off-premise advertising in accord-
ance with Section 10-26-1. [Ordinance
4724, 9/20/04]
21. Motels and Auto Courts
22. Pet Shop, including Aquariums
23. Printing Shops, not to include more
than two (2) 12”x 18” inch job press-
es
24. Restaurant: Fast Food Type and
Standard Type, and drive-in eating
establishments, provided that any
such use that meets the definition of
an Alcohol Sales Use shall meet the
requirements for a limited alcohol
sales use (on-premise consumption).
25. Delayed deposit service uses, pro-
vided that such uses meet the fol-
lowing requirements:
a. The use is licensed as a delayed
deposit services business by the
State of Iowa.
b. No delayed deposit service use
shall be located within 600 feet
from any of the following, as
measured in a straight line from
the closest point of the property
line in which a delayed deposit
service use is located to the clos-
est point of the property line of
such other use or area: protected
uses, pawnbroker uses, other de-
layed deposit service uses, adult
uses, or non-limited alcohol sales
uses.
c. No delayed deposit service use
shall offer or provide delayed
deposit services via a drive-
through or walk-up window or
any similar drive-up or drive-in
system.
26. Pawnbroker uses
27. Freestanding Commercial Parking
Lots, upon approval of a Special
Permit by the Board of Adjustment
after recommendation of the Com-
mission. [Ordinance 5288, 06/15/15]
28. Fireworks Sales, when located with-
in a principal building and not an
accessory structure, and when said
fireworks sales are accessory and
customarily incidental to an existing
principal retail sales use. [Ordinance
5484, 2/18/19]
29. Other similar service and retail busi-
nesses not included in the above list
subject to the administrative review
and approval of the Planning staff.
If staff determines that the proposed
use is not similar in nature, it shall
be considered a proposed use not
covered by title, as regulated in 10-5-
1(R).
B. Accessory Uses:
1. Accessory uses permitted in the
“C-1” District.
2. Accessory uses and structures cus-
tomarily incidental to any permitted
principal uses.
10-15-2 BULK REGULATIONS.
[Ordinance 3050, 10/1/79]
[Ordinance 3192, 2/22/82]
CHAPTER 16
“C-P” PLANNED COMMERCIAL DISTRICT
67
[Ordinance 4592, 1/6/03]
The following minimum requirements
shall be observed, subject to the modified
requirements contained in Section 10-27-1:
“C-2” COMMERCIAL DISTRICT
USE MINIMUM
LOT AREA
MINIM
UM LOT
WIDTH
MINIMUM LOT
AREA PER
FAMILY
MINIMUM FRONT
YARD (1)
MINIMUM
SIDE YARD
MINIMUM
REAR
YARD (3) (4)
MAXIMUM
HEIGHT AND
LOT COVERAGE
Residential
Uses
SAME AS SPECIFIED IN THE “R-4” DISTRICT
Motels/
Hotels
No Mini-
mum
150 feet 20 ft. 10 ft. 20 ft. No building shall
exceed 4 stories or
48 feet in height (5) Other Per-
mitted
Uses
No Mini-
mum
No Min-
imum
No Minimum 20 ft.(2) Same as “R-4”
District
35 ft.
(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.
(2) The front yard setback is required except any commercial use may be built to the nearest front yard depth (from the street right -
of-way to the structure) of a structure that was legally established. This setback would apply to all structures on the same sid e of
the street between two (2) intersecting streets. On corner lots this may include buildings addressed and/or having their front
yard setback facing a different street. [Ordinance 5288, 06/15/15]
(3) The rear yard setback is required except where an existing principal building on an abutting lot is clo ser to the rear lot line. In
these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established. This
provision applies to lots abutting the side yards that are not developed as a reverse frontage lot.
(4) For every additional foot the front yard depth is increased over the required setback, the rear yard may be decreased in direct
proportion thereto, but in no case shall the rear yard be less than ten (10) feet.
(5) For every additional foot all yard lines are increased over the required setback, the building height may be increased by two (2)
feet, including allowing additional stories, except as further provided in Section 10-27-1.
CHAPTER 16
“C-P” PLANNED
COMMERCIAL DISTRICT
[Ordinance 4635, 8/11/03]
10-16-1 GENERAL REGULATIONS.
A. Intent.
The “C-P” Planned Commercial District is
intended and designed to provide a means
for the residential and compatible commercial
development of tracts of land on a unit basis,
allowing greater flexibility and diversification
of land uses and building locations than the
conventional single lot method. It is the in-
tent of this Section that the basic principles of
good land use planning be maintained and
that sound zoning standards as set forth in
this Ordinance concerning orderly growth
and development, traffic patterns, and co m-
patible design and use be preserved.
The ideals of the Planned Commercial
District stem from the Mixed Use Commercial
categorization on the Future Land Use Map
contained within the City of Waterloo Com-
prehensive Plan. The areas designated for
Mixed Use Commercial work to direct such
developments into areas of transition from
commercial to residential, based on current
developments. The compatibly designed
commercial uses allowed in C-1 or C-2 Dis-
tricts may be specifically and selectively au-
thorized by the City Council upon reco m-
mendation of the Commission, except that no
commercial uses will be allowed which ap-
pear detrimental to the intent of this district
or the essential character of the neighbor-
hood. Commercial uses will be compatibly
designed to blend in with the built or planned
environment and shall incorporate the fol-
lowing elements into their design; building
façade, landscaping, signage, screening, and
site orientation and layout. Special attention
CHAPTER 16
“C-P” PLANNED COMMERCIAL DISTRICT 10-16-1 GENERAL REGULATIONS.
68
will be paid to outside storage and whether it
is limited, screened, or nonexistent. This shall
not be deemed all inclusive and specific uses
may require other elements for consideration.
Furthermore, the failure to produce an aes-
thetically compatible site design and layout
may result in a specific lot location within the
district for such uses, to screen the site ap-
pearance from the traveled way or residen-
tial, or denial in the use.
B. Uses Permitted.
1. Any uses permitted in the R-4 District.
2. Any use permitted in the C-1 or C-2
Districts, other than a delayed deposit
service use, that is compatibly de-
signed and deemed an appropriate
commercial use to the surrounding
development.
3. Gaming facilities. The Commission
and City Council shall evaluate the
site layout, traffic, and other ord i-
nance and code provisions. The im-
pact upon existing infrastructure and
development as well as the overall
growth and development of the com-
munity will also be reviewed. [Ordi-
nance 4735, 10/18/04]
Compatibly designed commercial uses
shall include, but not be limited to, screening
and buffering from residential uses, shall be
oriented for and designed for efficient traffic
flow to major thoroughfares, shall have lim-
ited outside storage of materials, and lighting,
signage, and shall have building design that
complement surrounding development. Each
site would be evaluated on an individual ba-
sis for these criteria of compatibility. If staff
determines that such a commercial use is
compatibly designed, it shall approve the re-
quest through staff administrative review. If
staff determines that such a change does not
meet these criteria, the request would need to
go back to the Commission and City Council
for a formal site plan review process. The
Commission and City Council shall review
the request as described in the Intent of this
Section.
C. Procedure.
Whenever any application for a “C-P”
Planned Commercial District as an amend-
ment to the Zoning Ordinance is submitted
for a particular development, the following
procedure shall be utilized to facilitate said
amendment:
1. The owner or owners of any tract of
land comprising an area of not less
than two (2) acres may submit a peti-
tion requesting to change to the “C-P”
Planned Commercial District Classifi-
cation, except that there shall not be a
minimum area for property within the
consolidated urban revitalization or
enterprise zone area. [Ordinance 4801,
03/13/06]
2. Three (3) copies of the proposed de-
velopment plan, with planned uses,
shall be submitted and referred to the
Commission for review and report.
The Commission shall then review the
proposed development for conformity
with the standards of the Comprehen-
sive Plan and with recognized princi-
pals of civic design, land use planning
and landscape architecture.
3. After notice and a public hearing, the
Commission may recommend ap-
proval or disapproval of the deve l-
opment plan and zoning petition as
submitted or require that the petition-
er amend the plan to preserve the in-
tent and purpose of this Ordinance to
promote public health, safety and
general welfare.
4. The development plan and zoning pe-
tition as recommended by the Com-
mission shall then be reported to the
City Council, whereupon the City
Council, after notice and a public
hearing, may approve or disapprove
said plan and zoning petition as re-
ported or may require such changes
CHAPTER 16
“C-P” PLANNED COMMERCIAL DISTRICT 10-16-1 GENERAL REGULATIONS.
69
thereto as it deems necessary to
achieve the intent and purpose of this
Ordinance.
5. Required Documents – Site Develop-
ment Plan
a. A site analysis showing a review
of topography patterns, existing
vegetation, sanitary sewer and
water service, and major street
connections.
b. A scaled drawing showing the lo-
cation of:
i. Overall site layout with areas
designated for differing uses.
ii. Preliminary street layout with
pedestrian amenities and
overall conceptual drainage
plan. This should include
connections from abutting
streets to proposed develop-
ment site as well as proposed
internal streets. A plan for pe-
destrian movements, trails
and/or sidewalk system,
should be either required or
non-required in their entirety
to insure no gaps are created
through individual site devel-
opment.
iii. Required peripheral yards.
iv. Proposed development stages
and timing, if deemed neces-
sary by staff.
v. Traffic analysis, if determined
necessary by City Traffic Engi-
neer.
vi. Name of property owner or
owners, legal description of
the property, point of com-
pass, scale and date.
c. The original site detailing pro-
posed development shall be re-
viewed by the Commission for re-
view and recommendation to the
City Council, where a public hear-
ing would be required. The City
Council reserves the right to add
conditions as deemed necessary to
preserve the intent of this district.
However, the applicant may also
choose an alternate two-stage pub-
lic hearing process in which the
following would occur:
i. The applicant would need to
submit an overall general site
plan with a preliminary layout
of streets, types of develop-
ment, access drives, and a le-
gal description of the property.
Such a plan would be for-
warded to the Commission for
their recommendation on the
rezoning of the land only.
However, nothing in this Sec-
tion shall be deemed to consti-
tute approval of subsection (2)
below upon approval of this
Section.
ii. If the rezoning of the land only
is approved by City Council
after review by the Commis-
sion, the request must then go
to a second public hearing
process for the approval of the
final development plan. Said
final plan would include the
criteria listed in subsection
(5)(b)(i-vi) above and any ad-
ditional information deemed
necessary by the Commission
or City Council. Said final de-
velopment plan must be ap-
proved before any develop-
ment can occur and before
construction of any public in-
frastructure.
6. Site Plan Amendments
a. Major
Any change in the site plan
deemed to be substantial after the
CHAPTER 16
“C-P” PLANNED COMMERCIAL DISTRICT 10-16-1 GENERAL REGULATIONS.
70
Council has approved the plan
shall be resubmitted and consid-
ered in the same manner as the
original site plan. The site plan
shall be prepared in accordance
with Section 10-16-1(C) (Proce-
dure) of this Section.
Examples of major changes may
include, but are not limited to the
following: changes in classifica-
tion of land as assigned on the ap-
proved site development plan, the
exterior street connections or ma-
jor traffic changes. A change in
use may go through the minor ap-
proval process as long as the
change is similar to the type of use
approved with the development
plan, and if compatibly designed
in relation to surrounding uses.
Similar shall be defined as a per-
mitted use in the same zoning
classification (R-4, C-1 or C-2) as
the site in question is listed as on
the approved site plan. Areas des-
ignated as commercial or “C” shall
permit “C-1” uses, and shall only
permit “C-2” uses through the ma-
jor approval process. Areas not
designated or designated as res i-
dence, multiple family, multiple
residence, or office shall permit
“R-4” uses.
b. Minor
A site plan shall be prepared in
accordance with Section 10-16-
1(C) (Procedure) of this Section for
any alteration to a site plan loca t-
ed in a “C-P” Planned Commercial
District. Minor Site Plan Amend-
ments shall be administratively
reviewed by Planning staff. If the
change is considered insignificant
in nature, staff may approve the
change without a review and pub-
lic hearing before the Commission
and City Council.
Examples of minor changes may
include, but are not limited to the
following: the location, construc-
tion, replacement or change in
type of signage; change in use of a
site to another use classified in the
same zoning district; minor
change in building locations; or
change in the locations of access,
driveways, or parking areas.
These examples may be carried
out through the administrative re-
view and approval of the Planning
staff. Multiple pole signs on a sin-
gle site will be considered as a ma-
jor change, as described under D7
of this Section.
Minor changes may include addi-
tions to an existing building which
do not increase the 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 ex-
ceeding ten (10) percent of the
floor area of all existing or ap-
proved principal buildings. Minor
changes may also include a
change in the location or type of
residential structure(s) as long as
the overall density (units per acre)
is not significantly increased by
more than what was previously
approved. If staff determines that
the magnitude of any such change
is significant in nature or could
become significant in nature, the
change shall be deemed major and
the change shall be resubmitted
and considered in the same man-
ner as the original site plan in ac-
cordance with 10-16-1(C) (Proce-
dure), including a public hearing
before the Commission and City
Council. In determining if a
change is significant in nature the
Planning staff shall consider,
among other things, the overall
CHAPTER 16
“C-P” PLANNED COMMERCIAL DISTRICT 10-16-1 GENERAL REGULATIONS.
71
design of the proposed change
and its compatibility to the exist-
ing development and surrounding
development, as well as impact on
the neighborhood due to changes
in parking, traffic, etc. or changes
in visibility or aesthetics from the
public roads or adjoining proper-
ties caused by the proposed
change.
D. Standards.
1. All dedicated streets, sanitary sewers
and storm sewers shall be subject to
the approval of the City Engineer.
Storm water detention facilities
should be aesthetically designed, if
possible, to blend into site and avoid
uses such as rip rap, fencing, etc. that
may detract from the intent of the dis-
trict.
2. No building permit for any building
or other structure within the devel-
opment shall be issued until the final
development plan, or amendment
thereto, is approved by the City
Council.
3. The parking requirements of the Zon-
ing Ordinance shall apply to all de-
velopments, except the City Council
may, after recommendation from the
Commission, alter those requirements
to preserve the intent and purpose of
this Ordinance.
4. The landscaping requirements of the
district shall be considered under Al-
ternative Compliance to create a
common plan/theme for the entire
district.
5. The minimum yard requirements of
the zoning district in which the devel-
opment is located shall not apply ex-
cept that the required yard around the
perimeter shall be compatible and/or
similar to adjacent properties provid-
ed around the boundary of the deve l-
opment. However, the Commission
and City Council may require addi-
tional setbacks or other requirements
if needed.
6. The maximum building height within
the development boundaries shall not
exceed the maximum height regula-
tions of the zoning district in which it
is listed as a permitted use. Excep-
tions to this requirement may be al-
lowed for development projects/sites
that are at least one hundred (100) feet
from the development boundaries.
Such a request to alter these require-
ments would be reviewed by the City
Council after recommendation from
the Commission.
7. The signs shall be in accordance with
the sign regulations for the “C-2” Dis-
trict. A common type of design of
signage should be noted on the over-
all plan, although individual sign
permits will still be evaluated for size
and location. Additional pole signs,
beyond the first, shall be required to
go through a major change amend-
ment process.
E. Deed Restrictions.
The Commission and/or City Council
may consider any deed restrictions or cove-
nants entered into or contracted by the deve l-
oper concerning the use of common land or
permanent open spaces. Common land as
herein contained shall refer to land retained
in private ownership but intended for the
mutual use of businesses of the development.
Examples of this include, but are not limited
to, shared parking areas, shared storm water
retention designs, etc.
F. Commencement and Completion.
The Council may condition the approval
of the site plan upon the developer commenc-
ing construction on the first phase of the de-
velopment plan within two (2) years and con-
tingent upon completion of construction and
improvements within a reasonable period of
CHAPTER 16
“C-P” PLANNED COMMERCIAL DISTRICT 10-16-2 BULK REGULATIONS.
72
time after Council approval. In determining
such time period, the Council shall consider
the scope and magnitude of the development.
Failure to meet these requirements shall be
deemed sufficient cause for the Council, in
accordance with the provisions of this Ordi-
nance to rezone the subject property to the
zoning classification effective at the time of
the original submittal of the petition unless an
extension is approved by the Council for due
cause shown after recommendation by the
Commission.
G. Land Usage.
The land usage, minimum lot area, yard
height, and accessory uses shall be dete r-
mined by the requirements set out in this Se c-
tion, which shall prevail over conflicting re-
quirements of this Ordinance or the Subdivi-
sion Ordinance.
H. Platting Required.
If a final plat, as defined and required by
the Subdivision Ordinance, has been ap-
proved and recorded, the site deve lopment
plan does not need to be recorded unless con-
tradictory to the recorded final plat. If a final
plat has not been approved and recorded on
any part or portion of the development, the
platting procedure must be followed in a c-
cordance with the City of Waterloo Subdivi-
sion Ordinance No. 2979 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.
This does not prohibit the platting and deve l-
opment of land within an approved area of
the approved district in a phased manner.
10-16-2 BULK REGULATIONS.
The following minimum requirements
shall be observed subject to the modified re-
quirements contained in Section 10-27-1:
"C-P" PLANNED COMMERCIAL DISTRICT (4)
USE MINIMUM
LOT AREA
MINIMUM
LOT
WIDTH
MINIMUM
LOT AREA
PER
FAMILY
FRONT YARD
DEPTHS(1)
MINIMUM SIDE
YARD
MINIMUM
REAR
YARD
MAXIMUM
HEIGHT & LOT
COVERAGE
Residential
Uses
The requirements of the R-4 District shall serve as a guide, except that density requirements will be allowed as per D6 of the
Standards Section of the R-P Planned Residence District. Otherwise see the Standards Section of this District.
Commercial
Uses
No Mini-
mum
No Mini-
mum
No Mini-
mum
20' or as determined to
be compatibly designed.
This will allow potential
zero lot line develop-
ments to design build-
ings to the front, where
appropriate, and have
parking to rear. (2)
Same as "R-4"
District
20'(3) (4) No maximums
subject to site
plan approval.
(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.
(2) The front yard setback is required except any commercial use may be built to the nearest front yard depth (from the street right -
of-way to the structure) that was legally established. This setback would apply to all structures on the same side o f the street be-
tween two (2) intersecting streets. On corner lots this may include buildings addressed and/or having their front yard setback
facing a different street. [Ordinance 5288, 06/15/15]
(3) For every additional foot the front yard depth is increased over twenty (20) feet, the rear yard may be decreased in direct propor-
tion thereto, but in no case shall the rear yard be less than ten (10) feet.
(4) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot line. In
these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established. This
provision applies to lots abutting the side yards that are not developed as a reverse frontage lot.
CHAPTER 17
“B-P” BUSINESS PARK DISTRICT 10-17-1 GENERAL REGULATIONS.
73
CHAPTER 17
“B-P” BUSINESS PARK
DISTRICT
[Ordinance 4636, 8/11/03]
10-17-1 GENERAL REGULATIONS.
A. Intent.
The "B-P" Business Park District is intend-
ed and designed to provide a means for the
commercial and compatible light industrial
development of tracts of land on a unit basis,
allowing greater flexibility and diversification
of land uses and building locations than the
conventional single lot method. It is the in-
tent of this Section that the basic principles of
good land use planning be maintained and
that sound zoning standards as set forth in
this Ordinance concerning orderly growth
and development, traffic patterns, and com-
patible design and use be preserved.
The Business Park designation shall work
to allow an aesthetically pleasing profe ssional
office, commercial, and compatible industrial
park setting. The area designated for Busi-
ness Park locations on the Future Land Use
Map, contained within the Comprehensive
Plan, direct such developments along major
entryways into the community to allow for
proper design of traffic movements, as well as
promote such land for development. The
compatibly designed heavy commercial and
light industrial uses allowed in the C-2, C-3 or
M-1 Districts may be specifically and selec-
tively authorized by the City Council upon
recommendation of the Commission, except
that no such uses will be allowed which ap-
pear detrimental to the intent of this district.
Uses will be compatibly designed to blend in
with the built or planned environment and
shall incorporate the following elements into
their design: building façade, landscaping,
signage, screening, and site orientation and
layout. Special attention will be paid to out-
side storage and whether it is limited,
screened, or nonexistent. This shall not be
deemed all inclusive and specific uses may
require other elements for consideration. Fur-
thermore, the failure to produce an aesthet i-
cally compatible site design and layout may
result in a specific lot location within the park
for such a use, to screen the site appearance
from the traveled way, or denial in the use.
B. Uses Permitted.
1. Any uses permitted in the R-4 District
excluding residential uses.
2. Any use permitted in the C-1 District,
except residential.
3. Any use permitted in the C-2, C-3 or
M-1 Districts that is compatibly de-
signed, but not including residential
development or delayed deposit ser-
vice uses, and deemed an appropriate
industrial use to the surrounding de-
velopment. This includes hotel/motel
commercial buildings but not residen-
tial including, but not limited to, single
or multi-family, apartments, etc.
Compatibly designed commercial and
industrial uses shall include, but not be
limited to, screening and buffering from
residential uses, shall be oriented for and
designed for efficient traffic flow to major
thoroughfares, shall have limited outside
storage of materials, and lighting, signage,
and shall have building designs that com-
pliment surrounding development. Each
site shall be evaluated on an individual
basis for these criteria of compatibility. If
staff determines that such an industrial
use is compatibly designed, it shall ap-
prove the request through staff adminis-
trative review. If staff determines that
such a change does not meet these criteria,
the request would need to go back to the
Commission and City Council for a formal
site plan review process. The Commission
and City Council shall review the request
as described in the intent of this Section.
CHAPTER 17
“B-P” BUSINESS PARK DISTRICT 10-17-1 GENERAL REGULATIONS.
74
C. Procedure.
Whenever any application for a "B-P"
Business Park District as an amendment to the
Zoning Ordinance is submitted for a particu-
lar development, the following procedure
shall be utilized to facilitate said amendment:
1. The owner or owners of any tract of
land comprising an area of not less
than two (2) acres may submit a peti-
tion requesting to change to the "B-P"
Business Park Zoning District classifi-
cation.
2. Three (3) copies of the proposed de-
velopment plan, with planned uses,
shall be submitted and referred to the
Commission for review and report.
The Commission shall then review the
proposed development for conformity
with the standards of the Comprehe n-
sive Plan and with recognized princi-
ples of civic design, land use planning
and landscape architecture.
3. The Commission may require, in the
absence of an appropriate physical
barrier along the project boundary,
that uses not be in conflict with those
allowed in adjoining property or a
buffer of open space and/or screening
be arranged along the borders of the
project.
4. After notice and a public hearing, the
Commission may recommend ap-
proval or disapproval of the develop-
ment plan and zoning petition as
submitted or require that the petition-
er amend the plan to preserve the in-
tent and purpose of this Ordinance to
promote public health, safety and ge n-
eral welfare.
5. The development plan and zoning pe-
tition as recommended by the Com-
mission shall then be reported to the
City Council, whereupon the City
Council, after notice and a public hear-
ing, may approve or disapprove said
plan as reported or may require such
changes thereto as it deems necessary
to achieve the intent and purpose of
this Ordinance.
6. Required Documents - Site Develop-
ment Plan
a. A site analysis showing a review of
topography, patterns, existing
vegetation, sanitary sewer and wa-
ter service, and major street con-
nections.
b. A scaled drawing showing the lo-
cation of:
i. Overall site layout with areas
designated for differing uses.
ii. Preliminary street layout with
pedestrian amenities and over-
all conceptual drainage plan.
This should include connec-
tions from abutting streets to
proposed development site as
well as proposed internal
streets. A plan for pedestrian
movements, trails and/or
sidewalk systems, should be ei-
ther required or non-required
in their entirety to ensure no
gaps are created through indi-
vidual site development.
iii. Required peripheral yards.
iv. Proposed development stages
and timing, if deemed neces-
sary by staff.
v. Traffic analysis, if determined
necessary by City Traffic Engi-
neer.
vi. Name of property owner or
owners, legal description of the
property, point of compass,
scale and date.
c. The original site plan detailing
proposed development shall be re-
viewed by the Commission for re-
view and recommendation to the
CHAPTER 17
“B-P” BUSINESS PARK DISTRICT 10-17-1 GENERAL REGULATIONS.
75
City Council, where a public hear-
ing would be required. The City
Council reserves the right to add
conditions as deemed necessary to
preserve the intent of this district.
However, the applicant may also
choose an alternate two-stage pub-
lic hearing process in which the
following would occur:
i. The applicant would need to
submit an overall general site
plan with a preliminary layout
of streets, types of develop-
ment, access drives, and a legal
description of the property.
Such a plan would be forward-
ed to the Commission for their
recommendation on the rezon-
ing of the land only. However,
nothing in this Section shall be
deemed to constitute approval
of subsection (2) below upon
approval of this Section.
ii. If the rezoning of the land only
is approved by City Council af-
ter review by the Commission,
the request must then go to a
second public hearing process
for the approval of the final
development plan. Said final
plan would include the criteria
listed in subsection (6)(b)(i-vi)
above and any additional in-
formation deemed necessary
by the Commission or City
Council. Said final develop-
ment plan must be approved
before any development can
occur and before construction
of any public infrastructure.
7. Site Plan Amendments
a. Major
Any change in the site plan
deemed to be substantial after the
Council has approved the plan
shall be resubmitted and consid-
ered in the same manner as the
original site plan. The site plan
shall be prepared in accordance
with Section 10-17-1(C) (Proce-
dure) of this Section.
Examples of major changes may
include, but are not limited to the
following: changes in classification
of land as assigned on the ap-
proved site development plan, the
exterior street connections, or ma-
jor traffic changes. A change in
use may go through the minor ap-
proval process as long as the
change is similar to the type of use
approved with the development
plan, and if compatibly designed
in relation to surrounding uses.
Similar shall be defined as a per-
mitted use in the same zoning
classification (R-4, C-1, C-2, M-1)
as the site in question is listed as
on the approved site plan. Areas
not designated or designated as
professional office shall permit “R-
4” office uses. Areas designated as
commercial or “C” shall permit
“C-3” uses. Areas designated as
industrial, “M” or “I” shall only
permit “M-1” uses through the
major approval process.
b. Minor
A site plan shall be prepared in ac-
cordance with Section 10-17-1(C)
(Procedure) of this Section for any
alteration to a site plan located in a
"B-P" Business Park District. Mi-
nor Site Plan Amendments shall be
administratively reviewed by
Planning staff. If the change is
considered insignificant in nature,
staff may approve the change
without a review and public hear-
ing before the Commission and
City Council.
CHAPTER 17
“B-P” BUSINESS PARK DISTRICT 10-17-1 GENERAL REGULATIONS.
76
Examples of minor changes may
include, but are not limited to the
following: the location, construc-
tion, replacement or changes in
type of signage; change in use of a
site to another use classified in the
same zoning district; minor change
in building locations; or change in
the locations of access, driveways,
or parking areas. These examples
may be carried out through the
administrative review and ap-
proval of the Planning staff. Mul-
tiple pole signs on a single site will
be considered as a major change,
as described under 10-17-1(D)(7) of
this Section.
Minor changes may include addi-
tions to an existing building which
do not increase the floor area by
more than fifty (50) percent of the
floor area of the building proposed
to be added on to, or new build-
ings with a floor area not exceed-
ing ten (10) percent of the floor ar-
ea of all existing or approved prin-
cipal buildings. If staff determines
that the magnitude of any such
change is significant in nature or
could become significant in nature,
the change shall be deemed major
and the change shall be resubmit-
ted and considered in the same
manner as the original site plan in
accordance with 10-17-1(C) (Pro-
cedure), including a public hearing
before the Commission and City
Council. In determining if a
change is significant in nature the
Planning staff shall consider,
among other things, the overall
design of the proposed change and
its compatibility to the existing de-
velopment and surrounding de-
velopment, as well as impact on
the neighborhood due to changes
in parking, traffic, etc. or changes
in visibility or aesthetics from the
public roads or adjoining proper-
ties caused by the proposed
change.
D. Standards.
1. All dedicated streets, sanitary sewers
and storm sewers shall be subject to
the approval of the City Engineer.
Storm water detention facilities should
be aesthetically designed, if possible,
to blend into site and avoid uses such
as rip rap, fencing, etc. that may de-
tract from the intent of the district.
2. No building permit for any building or
other structure within the develop-
ment shall be issued until the final de-
velopment plan, or amendment there-
to, is approved by the City Council.
3. The parking requirements of the Zon-
ing Ordinance shall apply to all devel-
opments, except the City Council may,
after recommendation from the Com-
mission, alter those requirements to
preserve the intent and purpose of this
Ordinance.
4. The landscaping requirements of the
district shall be considered under Al-
ternative Compliance to create a
common plan/theme for the entire
district.
5. The minimum yard requirements of
the zoning district in which the devel-
opment is located shall not apply ex-
cept that the required yard, around
the perimeter, shall be compatible
and/or similar to adjacent properties
around the boundary of the develop-
ment. However, the Commission and
City Council may require additional
setbacks or other requirements if
needed.
6. The maximum building height within
the development boundaries shall not
exceed the maximum height regula-
tions of the zoning district in which it
is listed as a permitted use. Exception
CHAPTER 17
“B-P” BUSINESS PARK DISTRICT 10-17-2 BULK REGULATIONS.
77
to this requirement may be allowed
for development projects/ sites that
are at least one hundred (100) feet
from the development boundaries.
Such a request to alter these require-
ments would be reviewed by the City
Council after recommendation from
the Commission.
7. The signs shall be in accordance with
the sign regulations for the “C-2” Dis-
trict. A common type or design of
signage should be noted on the overall
plan, although individual sign permits
will still be evaluated for size and loca-
tion. Additional pole signs, beyond
the first, shall be required to go
through a major change amendment
process.
E. Deed Restrictions.
The Commission and/or City Council
may consider any deed restrictions or cove-
nants entered into or contracted by the devel-
oper concerning the use of common land or
permanent open spaces. Common land as
herein contained shall refer to land retained in
private ownership but intended for the mutu-
al use of businesses of the development. E x-
amples of this include, but are not limited to,
shared parking areas, shared storm water re-
tention designs, etc.
F. Commencement and Completion.
The Council may condition the approval
of the site plan upon the developer commenc-
ing construction on the first phase of the de-
velopment plan within two (2) years and co n-
tingent upon completion of construction and
improvements within a reasonable period of
time after Council approval. In determining
such time period, the Council shall consider
the scope and magnitude of the development.
Failure to meet these requirements shall be
deemed sufficient cause for the Council, in
accordance with the provisions of this Ordi-
nance to rezone the subject property to the
zoning classification effective at the time of
the original submittal of the petition unless an
extension is approved by the Council for due
cause shown after recommendation by the
Commission
G. Land Usage.
The land usage, minimum lot area, yard
height, and accessory uses shall be dete r-
mined by the requirements set out in this Se c-
tion, which shall prevail over conflicting re-
quirements of this Ordinance or the Subdivi-
sion Ordinance.
H. Platting Required.
If a final plat, as defined and required by
the Subdivision Ordinance, has been ap-
proved and recorded, the site development
plan does not need to be recorded unless con-
tradictory to the recorded final plat. If a final
plat has not been approved and recorded on
any part or portion of the deve lopment, the
platting procedure must be followed in a c-
cordance with the City of Waterloo Subdivi-
sion Ordinance No. 2979 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. This
does not prohibit the platting and develop-
ment of land within an approved area of the
approved district in a phased manner.
10-17-2 BULK REGULATIONS.
The following minimum requirements
shall be observed subject to the modified re-
quirements contained in Section 10-27-1:
10-18-1 REGULATIONS.
78
"B-P" BUSINESS PARK DISTRICT
USE LOT AREA LOT WIDTH FRONT
YARD
DEPTHS
LEAST WIDTH ON
ANY ONE SIDE
REAR YARD
DEPTHS
MAXIMUM HEIGHT &
LOT COVERAGE
Professional
Office Uses
No mini-
mum
No Minimum 25' (1) 5' except where outside
storage would be a pos-
sibility, in which a 25'
setback (2)
25' (3) No maximum, subject to
site plan approval
Commercial/
Service Uses
Light Industri-
al Uses
(1) The front yard depth may be modified to meet the front yard depth of existing structures abutting the property. Said front yard
depth shall be measured from the property line of said lot.
(2) The Business Park District, similar to a Planned Residence District, may incorporate zero lot line development, subject to site plan
approval, including where buildings would be connected to consider separate parcels as one development site.
(3) For every additional foot the front yard depth is increased over the minimum setback, the rear yard depth may be decreased in
direct proportion thereto, but in the rear yard depth shall not be less than ten (10) feet, unless abutting a railroad spur in which
case the setback may be reduced to a zero lot line setback.
CHAPTER 18
“C-3” CENTRAL BUSINESS
DISTRICT
[Ordinance 3192, 2/22/82]
10-18-1 REGULATIONS.
The regulations set forth in this Chapter,
and contained in Chapter 5 shall apply in the
“C-3” Central Business District. The “C-3”
Central Business District is designed and in-
tended to accommodate the variety of retail
stores, services and related activities which
often occupy the area within the Central
Business District. “C-3” zoning only shall
apply to the existing Central Business District
or areas contiguous to the Central Business
District. Any outside storage of materials,
equipment or product 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 unlicensed operable vehicles for
sale, that are accessory and clearly incidental
to the Principal Permitted Use, and shall not
restrict outside display areas when such dis-
play areas display items that can be legally
sold by a commercial business on the prope r-
ty and when the display area does not exceed
an area equal to the area occupied by the
building(s) on a property.
A. Principal Permitted Uses:
1. Any use permitted in the “C-2” Dis-
trict, other than delayed deposit ser-
vice uses.
2. Alcohol Sales Uses, provided that no
alcohol sales use shall sell or dispense
alcoholic beverages via a drive-
through or walk-up window or any
similar drive-up or drive-in system.
Notwithstanding anything in Section
10-5-1(B) to the contrary, any limited
alcohol sales use that made use of
such a window or system before
adoption of Ordinance 4976 on
11/23/2009 shall cease and desist
from use of such a window or system,
and shall comply with the require-
ments of this paragraph, no later than
December 31, 2012. [Ordinance 4976,
11/23/09]
3. Automobile Body or Fender Repair
Shop. Vehicles not in running condi-
tion, not DOT operational and not li-
censed, machinery, salvage, or used
parts shall be located in an enclosed
building.
CHAPTER 19
“M-1” LIGHT INDUSTRIAL DISTRICT 10-18-2 BULK REGULATIONS.
79
4. Exterminator Sales
5. Manufacturing or Treatment of Prod-
ucts clearly incidental to the conduct
of a retail business conducted on the
premises
6. Printing and/or Publishing Houses
7. Tire Shop, including vulcanizing and
retreading
8. Transportation Passenger Terminals
B. Accessory Uses:
1. Accessory uses permitted in the “C-2”
District.
2. Accessory uses and structures cus-
tomarily incidental to any permitted
principal uses. [Ordinance 4724,
9/20/04]
10-18-2 BULK REGULATIONS.
[Ordinance 3192, 2/22/82]
[Ordinance 4592, 1/6/03]
The following minimum requirements
shall be observed, subject to the modified re-
quirements contained in Section 10-27-1:
“C-3” CENTRAL BUSINESS DISTRICT
USE MINIMUM
LOT AREA
MINIMUM
LOT WIDTH
MINIMUM
LOT AREA
PER FAMILY
MINIMUM
FRONT YARD (1)
MINIMUM SIDE
YARD
MINIMUM
REAR YARD
MAXIMUM
HEIGHT
Residential Uses No Mini-
mum
No Minimum No Minimum No Minimum No Minimum No Minimum (2)
Mobile Home
Parks
2 acres 100 feet 1,250 sq. ft. SAME AS SPECIFIED IN THE “R-4” RESIDENCE
DISTRICT
(2)
Motels/ Hotels No Mini-
mum
150 feet No Minimum 20 ft. 10 ft. 20 ft. (2)
Other Permitted
Uses
No Mini-
mum
No Minimum No Minimum (3) (4) No Minimum (2)
(1) The front yard depth of any lot abutting on a “Major Street” shall be measured from the proposed right-of-way line as shown on
the Official Major Street Plan.
(2) No building hereafter erected or structurally altered shall exceed a height of eight (8) stories or one hundred (100) feet, but above
the height permitted three (3) feet may be added to the height of the building for each one (1) foot that the building or por tion
thereof is setback from all sides of the lot. This requirement may be waived upon recommendation and approval by the City
Council, after review by the Commission.
(3) None required unless fronting on the proposed right-of-way of a thoroughfare shown on the Official Street Plan, in which case
the building setback line shall be the proposed right-of-way line.
(4) None except adjacent to an “R” District in which case not less than fifteen (15) feet.
CHAPTER 19
“M-1” LIGHT INDUSTRIAL
DISTRICT
[Ordinance 3212, 5/24/82]
10-19-1 REGULATIONS.
The regulations set forth in this Chapter
and contained in Chapter 5 shall apply in the
“M-1” Light Industrial District.
The “M-1” District is intended to provide
for areas of the community which are suitable
for industrial development adjacent to Co m-
mercial Districts. Any outside storage of ma-
terials, equipment or product shall be acces-
sory to the Principal Permitted Use and shall
not include the outside storage of junk or sa l-
vage material or similar debris except in an
approved recycling yard (salvage yard) and
except for inoperable vehicles being restored
to running condition as part of an automobile
repair shop. Any outside storage shall be e f-
CHAPTER 19
“M-1” LIGHT INDUSTRIAL DISTRICT 10-19-1 REGULATIONS.
80
fectively screened on each side facing a Res i-
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) [Ordinance 5648,
6/20/22], or new dwelling or residence
except where physically attached and
a part of another permitted use. This
restriction shall apply to new dwell-
ings or residences only, and shall not
prohibit the rehabilitation, reconstruc-
tion, or rebuilding of dwellings or res-
idences in industrial districts that
were legally built prior to adoption of
Ordinance 2479, adopted 02/03/69.
Furthermore, any such legally estab-
lished dwelling or residence may be
rebuilt, if damaged or destroyed, on
the same lot as legally established,
provided that all other rules and regu-
lations of this Ordinance are met. For
the purposes of this Ordinance, any
such legally established dwelling or
residence is not considered a non-
conforming use as defined herein, but
is considered a legal use as described
in this paragraph. However, such re-
building must occur within two (2)
years of the removal of the original
structure or within two (2) years of
removal of a legal replacement struc-
ture. [Ordinance 3486, 6/15/87] [Ordi-
nance 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.
CHAPTER 19
“M-1” LIGHT INDUSTRIAL DISTRICT 10-19-1 REGULATIONS.
81
17. Stable, public or private, riding acad-
emy or club.
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, treatment, or
storage of cosmetics, pharmaceutical,
and food products, but not including
slaughter houses, stock yards, or other
facilities processing or handling live
animals, and not including the render-
ing or refining of fats and oils. [Ordi-
nance 5648, 6/20/22]
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. [Ordinance 5648, 6/20/22]
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.
CHAPTER 20
“M-2” HEAVY INDUSTRIAL DISTRICT 10-19-2 REQUIRED CONDITIONS.
82
10-19-2 REQUIRED CONDITIONS.
No use shall be permitted to be estab-
lished or maintained which by reason of its
nature or manner of operation is or may be-
come hazardous, noxious or offensive owing
to the emission of odor, dust, smoke, cinders,
gas, fumes, noise, vibrations, refuse matter o r
water-carried waste.
10-19-3 BULK REGULATIONS.
[Ordinance 3908, 12/21/92]
[Ordinance 4592, 1/6/03]
The following minimum requirements
shall be observed, subject to modified re-
quirements contained in Section 10-27-1:
“M-1” LIGHT INDUSTRIAL DISTRICT
USE MINIMUM
LOT AREA
MINIMUM
LOT
WIDTH
MINIMUM
LOT AREA
PER FAMILY
MINIMUM
FRONT
YARD (1) (4)
MINIMUM SIDE YARD MINIMUM
REAR
YARD (2,3,4)
MAXIMUM
HEIGHT AND
LOT COVERAGE
Residential
Uses
SAME AS SPECIFIED IN THE “R-4” DISTRICT
Motels/
Hotels
No Mini-
mum
150 feet No Minimum 20 feet 10 feet 20 feet No building shall
exceed four (4)
stories or forty-
eight (48) feet in
height (6)
Other Per-
mitted Uses
No Minimum 25 feet Same as “R-4” except abut-
ting to any “R” district in
which case not less than 25
feet [Ord. 3908, [12/21/92]
25 feet
(1) The front yard depth of any lot abutting on a “Major Street” shall be measured from the proposed right -of-way line as shown on
the Official Major Street Plan.
(2) For every additional foot the front yard depth is increased over the required setback, the rear yard may be decreased in direct
proportion thereto, but in no case shall the rear yard be less than ten (10) feet; unless the rear yard adjoins a railroad siding, in
which case a loading dock may abut the rear lot line. In addition, if any portion of this rear yard area is used for an enclosed off-
street loading space, the area above such an enclosure may be used for building purposes. This regulation shall not apply if the
lot in question is adjacent to an “R” District.
(3) On parcels of land in this district which abut the flood control dikes established as part of the U.S. Army Corps of Engineer s
Flood Control Project, the minimum rear yard shall be sixteen (16) feet.
(4) The front yard setback is required except that any commercial or industrial use may be built to the nearest front yard depth
(from the street right-of-way to the structure) of a structure that was legally established. This setback would apply to all struc-
tures on the same side of the street between two (2) intersecting streets. On corner lots this may include buildings addressed
and/or having their front yard setback facing a different street. [Ordinance 4537, 2/4/02] [Ordinance 5288, 06/15/15]
(5) The rear yard setback is required except where an existing principal building is closer to the rear lot line. In these instances the
minimum rear yard setback will be the same as the nearest rear yard depth that was legally established prior to this Ordinance.
This provision applies to lots abutting the side yards that are not developed as a reverse frontage lot.
(6) For every additional foot all yard lines are increased over the required setback, the building height may be increased by two (2)
feet, including allowing additional stories, except as further provided in Section 10-27-1.
CHAPTER 20
“M-2” HEAVY INDUSTRIAL
DISTRICT
[Ordinance 3212, 5/24/82]
10-20-1 REGULATIONS.
The regulations set forth in this Chapter
and contained in Chapter 5 shall apply in the
“M-2” Heavy Industrial District. The district
is designed to provide for uses, with exterior
storage or industrial character, which due to
their size and nature may not be compatible
with some uses. The district is further de-
signed to permit the normal operation of all
industries, subject to prescribed regulation
needed to control congestion and to protect
non-industrial uses. Since this is the least re-
strictive of any district, many uses are per-
CHAPTER 20
“M-2” HEAVY INDUSTRIAL DISTRICT 10-20-1 REGULATIONS.
83
missible which involve hazardous operations
or circumstances, or create conditions or e f-
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) [Ordinance 5648,
6/20/22], except where physically at-
tached and a part of another permit-
ted principal use. The provisions of
10-19-1(A)(1) shall apply in regards to
dwellings legally established 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. Rendering or refining of fats and
oils.
g. Fertilizer manufacture or pro-
cessing.
h. Garbage, refuse or dead animal
reduction or dumping.
i. Gas manufacturing and cylinder
recharging.
j. Glue, size or gelatin manufactur-
ing.
k. Refining or wholesale storage of
petroleum or petroleum products
or gasoline.
l. 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]
B. Accessory Uses:
1. Any accessory uses permitted in the
“M-1” Light Industrial District.
CHAPTER 20
“M-2” HEAVY INDUSTRIAL DISTRICT 10-20-2 BULK REGULATIONS.
84
2. Any accessory uses customarily acces-
sory and incidental to a permitted
principal use.
C. Required Conditions.
1. The best practical means known for
the disposal of refuse matter or water -
carried waste, the abatement of o b-
noxious or offensive odor, dust,
smoke, gas, noise, or similar nuisance,
shall be employed.
2. All principal buildings and all acces-
sory buildings or structures, including
loading and unloading facilities, shall
be located at least two hundred (200)
feet from any “R” District and not less
than one hundred (100) feet from any
other district except an “M-1” District.
10-20-2 BULK REGULATIONS.
[Ordinance 3908, 12/21/92]
[Ordinance 4592, 1/6/03]
The following minimum requirements
shall be observed, subject to the modified re-
quirements contained in Section 10-27-1:
“M-2” HEAVY INDUSTRIAL DISTRICT
USE MINIMU
M LOT
AREA
MINIMU
M LOT
WIDTH
MINIMUM
LOT AREA
PER FAMILY
MINIMUM
FRONT
YARD (1) (4)
MINIMUM SIDE YARD MINIMU
M REAR
YARD (2,3,5)
MAXIMUM
HEIGHT AND
LOT COVERAGE
Residential
Uses
SAME AS SPECIFIED IN THE “R-4” DISTRICT
Motels/
Hotels
No Mini-
mum
150 feet
No Minimum 20 feet 10 feet
20 feet No building shall
exceed four (4)
stories or forty-
eight (48) feet in
height (6)
Other Per-
mitted Uses
No Mini-
mum
No Mini-
mum
No Minimum 25 feet Same as “R-4” District except
abutting to any “R” district
in which case not less than 25
feet [Ord. 3908, 12/21/92]
40 feet
(1) The front yard depth of any lot abutting on a “Major Street” shall be measured from the proposed right -of-way line as shown on
the Official Major Street Plan.
(2) For every additional foot the front yard depth is increased over the required setback, the rear yard may be decreased in direct
proportion thereto, but in no case shall the rear yard be less than ten (10) feet; unless the rear yard adjoins a railroad siding, in
which case a loading dock may abut the rear lot line. In addition, if any portion of this rear yard area is used for an encl osed off-
street loading space, the area above such an enclosure may be used for building purposes. This regulation shall not apply if the
lot in question is adjacent to an “R” District.
(3) On parcels of land in this district which abut the flood control dikes established as part of the U.S. Army Corps of Engineer s
Flood Control Project, the minimum rear yard shall be sixteen (16) feet.
(4) The front yard setback is required except any commercial or industrial use may be built to the nearest front yard depth (from the
street right-of-way to the structure) of a structure that was legally established. This setback would apply to all structures on the
same side of the street between two (2) intersecting streets. On corner lots this includes only buildings addressed and/or having
their front yard setback facing a different street. [Ordinance 5288, 06/15/15]
(5) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot li ne. In
these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established prior
to this Ordinance. This provision applies to lots abutting the side yards that are not deve loped as a reverse frontage lot.
(6) For every additional foot all yard lines are increased over the required setback, the building height may be increased by two (2)
feet, including allowing additional stories, except as further provided in Section 10-27-1.
CHAPTER 21
“M-2,P” PLANNED INDUSTRIAL DISTRICT 10-21-1 REGULATIONS.
85
CHAPTER 21
“M-2,P” PLANNED
INDUSTRIAL DISTRICT
10-21-1 REGULATIONS.
A. Intent.
The purpose of this Section of the Ordi-
nance is to permit the establishment of indus-
trial parks and to provide for the orderly
planned growth of industries in large tracts of
land, allowing greater flexibility and diversi-
fication of land uses and building locations.
It is also intended that such industrial parks
be developed to maximize the potentials of
industrial areas and at the same time mini-
mize any adverse effect upon adjacent prop-
erties in other zoning districts. 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 Ordinance concerning orderly growth
and development, traffic patterns, and co m-
patible design and use be preserved.
B. Principal Permitted Uses:
1. Any use permitted in the “M-2”
Heavy Industrial District.
2. Gaming facilities. The Commission
and City Council shall evaluate the
site layout, traffic, and other ord i-
nance and code provisions. The im-
pact upon existing infrastructure and
development as well as the overall
growth and development of the com-
munity will also be reviewed. [Ordi-
nance 4735, 10/18/04]
C. Required Conditions.
Prior to the issuance of any building per-
mit for any building or structure in this dis-
trict, a plan approved by the Commission and
City Council, as provided in Section 10-21-
1(D) (Procedure) of this Section, shall be on
file with the Building Official showing the
following information:
1. General plan showing the location of
all buildings, internal streets, parking
lots, railroad tracks, proposed sanitary
and storm sewer lines, and water and
power facilities.
2. Building setback lines shown on the
plan shall generally be not less than
one hundred (100) feet from public
streets, Residential (R-1, R-2, R-3, R-4)
Districts, or “A-1” Agricultural Dis-
tricts, however all required setbacks
shall be determined through plan re-
view. Such yard areas shall be land-
scaped and maintained in such a
manner as to reflect the intent of the
establishment of an industrial park
area. Off-street parking may be per-
mitted in all such yard areas, but shall
generally not extend closer than forty
(40) feet to public right-of-way, Resi-
dential (R-1, R-2, R-3, R-4) Districts, or
“A-1” Agricultural Districts.
3. For tracts, parcels, lots, or building
sites of fifteen (15) acres or less of con-
tiguous commonly owned land, the
required setbacks shall be determined
through plan review. The objective in
the plan review process shall be to
preserve the overall character of the
greater area in which the develop-
ment is being constructed. The Bulk
Regulations contained in the “M-1”,
Light Industrial Zoning District shall
be used as a general guide in review-
ing said development plans. [Ordi-
nance 4165, 5/13/96]
4. On-premise advertising shall be per-
mitted in this district provided that
such advertising devices contain in-
formation pertaining to the business
or industry located upon that site, and
is in compliance with Chapter 26
Outdoor Advertising Signs and Bill-
boards.
5. The Planned Industrial District plan
shall indicate that all industrial or
CHAPTER 21
“M-2,P” PLANNED INDUSTRIAL DISTRICT 10-21-1 REGULATIONS.
86
commercial uses shall establish per-
formance standards relating to air and
water pollution emissions meeting or
exceeding standards established by
Federal, State or local pollution con-
trol ordinances or laws.
6. The parking requirements of the Zon-
ing Ordinance shall apply to all de-
velopments, except the City Council
may, after recommendation from the
Commission, alter those requirements
to preserve the intent and purpose of
this Ordinance.
7. The landscaping requirements of the
district shall be considered under Sec-
tion 10-5-1(S)(4) (Alternative Compli-
ance) to create a common plan/theme
for the entire district.
D. Procedure.
Whenever any application for a “M-2,P”
Planned Industrial District as an amendment
to the Zoning Ordinance is submitted for a
particular development, the following proce-
dure shall be utilized to facilitate said
amendment:
1. The owner or owners of any tract of
land comprising an area of not less
than fifteen (15) acres may submit a
petition requesting to change to the
“M-2,P” Planned Industrial District
classification.
2. Three (3) copies of the proposed d e-
velopment plan, with planned uses,
shall be submitted and referred to the
Commission for review and report.
The Commission shall then review the
proposed development for conformity
with the standards of the Comprehen-
sive Plan and with recognized princi-
ples of civic design, land use planning
and landscape architecture.
3. The Commission may require, in the
absence of an appropriate physical
barrier along the project boundary,
that uses not be in conflict with those
allowed in adjoining property or a
buffer of open space and/or screening
be arranged along the borders of the
project.
4. After notice and a public hearing, the
Commission may recommend ap-
proval or disapproval of the deve l-
opment plan and zoning petition as
submitted or require that the petition-
er amend the plan to preserve the in-
tent and purpose of this Ordinance to
promote public health, safety and
general welfare.
5. The development plan and zoning pe-
tition as recommended by the Com-
mission shall then be reported to the
City Council, whereupon the City
Council, after notice and a public
hearing, may approve or disapprove
said plan as reported or may require
such changes thereto as it deems nec-
essary to achieve the intent and pur-
pose of this Ordinance.
6. Site Plan Amendments
a. Major
Any change in the site plan
deemed to be substantial after the
Council has approved the plan
shall be resubmitted and consid-
ered in the same manner as the
original site plan. The site plan
shall be prepared in accordance
with Section 10-21-1(C) (Required
Conditions) and Section 10-21-
1(D) (Procedure) of this Section.
Examples of major changes may
include, but are not limited to, the
following: changes in use, the ex-
terior street connections or major
traffic changes. A change in use
may go through the minor ap-
proval process as long as the
change is similar to the type of use
approved with the development
plan.
CHAPTER 22
FLOODWAY AND FLOOD PLAIN DISTRICTS 10-22-1 REGULATIONS.
87
b. Minor
A site plan shall be prepared in
accordance with Section 10-21-
1(C) (Required Conditions) and
Section 10-21-1(D) (Procedure) for
any change to an approved site
plan located in a “M-2,P” Planned
Industrial District. Minor Site
Plan Amendments shall be admin-
istratively reviewed by Planning
staff. If the change is considered
insignificant in nature, staff may
approve the change without a re-
view and public hearing before the
Commission and City Council.
[Ordinance 4165, 5/13/96]
Examples of minor changes may
include, but are not limited to the
following: the location, construc-
tion, replacement or change in
type of signage; change in use to a
similar use approved with the de-
velopment plan; minor change in
building locations; or change in
the locations of access, driveways,
or parking areas. These examples
may be carried out through the
administrative review and ap-
proval of the Planning staff.
Minor changes may include addi-
tions to an existing building which
do not increase the 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 ex-
ceeding ten (10) percent of the
floor area of all existing or ap-
proved principal buildings. If
staff determines that the magni-
tude of any such change is signifi-
cant in nature or could become
significant in nature, the change
shall be deemed major and the
change shall be resubmitted and
considered in the same manner as
the original site plan in accordance
with Section 10-21-1(C) (Required
Conditions) and Section 10-21-
1(D) (Procedure), including a pub-
lic hearing before the Commission
and City Council. In determining
if a change is significant in nature
the Planning staff shall consider,
among other things, the overall
design of the proposed change
and its compatibility to the exist-
ing development and surrounding
development, as well as impact on
the neighborhood due to changes
in parking, traffic, etc. or changes
in visibility or aesthetics from the
public roads or adjoining proper-
ties caused by the proposed
change.
CHAPTER 22
FLOODWAY AND FLOOD
PLAIN DISTRICTS
[Ordinance 3393, 6/10/85]
10-22-1 REGULATIONS.
The regulations set forth in this Chapter
and those contained in Chapter 5 shall apply
in the Floodway and Flood Plain Districts.
A. General Regulations.
1. Lands to Which Ordinance Applies.
This Ordinance shall apply to all lands
within the jurisdiction of the City of
Waterloo which uses the Flood Insur-
ance Study (FIS) as a basis for estab-
lishing the flood plain zoning districts.
These districts are shown on the Offi-
cial Zoning Map as being the bounda-
ries of the Floodway, Floodway
Fringe (designated as Zone AE on the
Official Flood Plain Zoning Map),
General Flood Plain (designated as
Zone A on the Official Flood Plain
Zoning Map) and Shallow Flooding
(designated as Zone AO or AH on the
CHAPTER 22
FLOODWAY AND FLOOD PLAIN DISTRICTS 10-22-2 “F-W” FLOODWAY (OVERLAY) DISTRICT.
88
Official Flood Plain Zoning Map)
Overlay Districts. [Ordinance 5288,
06/15/15] Within these districts, all
uses not allowed as Principal Permit-
ted Uses or permissible as Conditional
Uses are prohibited unless a Variance
to the terms of this Ordinance is
granted after due consideration by the
Board of Adjustment. [Ordinance 5049,
6/20/11]
2. Rules for Interpretation of District
Boundaries. The boundaries of the
Floodway, Floodway Fringe, General
Flood Plain and Shallow Flooding
Overlay Districts shall be determined
by scaling distances on the Official
Flood Plain Zoning Map. When an in-
terpretation is needed as to the exact
location of the boundaries, the City
Planner or official designee shall make
the necessary interpretation. The
Board of Adjustment shall hear and
decide appeals when it is alleged that
there is an error in any requirement,
decision, or determination made by
the City Planner or designee in the en-
forcement or administration of this
Ordinance. [Ordinance 5049, 6/20/11]
3. Abrogation and Greater Restrictions.
It is not intended by this Ordinance to
repeal, abrogate or impair any exis t-
ing easements, covenants, or deed re-
strictions. However, where this Ordi-
nance imposes greater restrictions, the
provision of this Ordinance shall pre-
vail. All other ordinances inconsistent
with this Ordinance are hereby re-
pealed to the extent of the incon-
sistency only.
4. Warning and Disclaimer of Liability.
The degree of flood protection re-
quired by this Ordinance is consid-
ered reasonable for regulatory pu r-
poses and is based on engineering and
scientific methods of study. Larger
floods may occur on rare occasions.
Flood heights may be increased by
man-made or natural causes, such as
ice jams and bridge openings restrict-
ed by debris. This Ordinance does not
imply that areas outside the flood
plain districts or land uses permitted
within such districts will be free from
flooding or flood damages. This Or-
dinance shall not create liability on the
part of the City of Waterloo or the
Board of Adjustment or an officer or
employee thereof for any flood dam-
ages that result from reliance on this
Ordinance or any administrative deci-
sion lawfully made there under.
10-22-2 “F-W” FLOODWAY (OVERLAY)
DISTRICT.
A. Principal Permitted Uses.
The following uses shall be permitted
within the Floodway (Overlay) District to the
extent they are not prohibited by other ordi-
nance (or underlying zoning district) and
provided they do not require placement of
structures, factory built homes, fill or other
obstruction, the storage of materials or other
equipment, or excavation or alteration of a
watercourse. [Ordinance 5395, 04/10/17]
1. Agricultural uses such as general
farming, pasture, grazing, outdoor
plant nurseries, horticulture, viticul-
ture, truck farming, forestry, sod
farming, and crop harvesting.
2. Industrial-commercial uses such as
loading areas, parking areas, airport
landing strips.
3. Private and public recreational uses
such as golf courses, tennis courts,
driving ranges, archery ranges, picnic
grounds, boat launching ramps,
swimming areas, parks, wildlife and
nature preserves, game farms, fish
hatcheries, shooting preserves, target
ranges, trap and skeet ranges, hunting
and fishing areas, hiking and horse
riding trails.
CHAPTER 22
FLOODWAY AND FLOOD PLAIN DISTRICTS 10-22-2 “F-W” FLOODWAY (OVERLAY) DISTRICT.
89
4. Stormwater detention or retention fa-
cilities. [Ordinance 5395, 04/10/17]
5. Residential uses such as lawns, ga r-
dens, parking areas play areas.
6. Such other open-space uses similar in
nature to the above uses.
B. Conditional Uses.
The following uses which involve struc-
tures (temporary or permanent), fill, storage
of materials or equipment, or excavation or
alteration of a watercourse may be permitted
only upon issuance of a Special Exception
Permit by the Board of Adjustment. Such us-
es must also meet the applicable provisions of
the Floodway District Performance Stand-
ards. [Ordinance 5395, 04/10/17]
1. Uses or structures accessory to open-
space uses.
2. Circuses, carnivals, and similar transi-
ent amusement enterprises.
3. Drive-in theaters, new and used car
lots, roadside stands, signs, and bill-
boards.
4. Extraction of sands, gravel, and other
material.
5. Marinas, boat rentals, docks, piers,
wharves.
6. Utility transmission lines, under-
ground pipelines.
7. Other uses similar in nature to the
Principal Permitted and Conditional
Uses described herein which are con-
sistent with the Floodway District Per-
formance Standards and the general
spirit and purpose of this Ordinance.
C. Performance Standards.
All Floodway District Uses allowed as a
Principal Permitted or Conditional Use shall
meet the following standards:
1. No use shall be permitted in the
Floodway District that would result in
any increase in the 100 year flood lev-
el. Consideration of the effects of any
development on flood levels shall be
based upon the assumption that an
equal degree of development would
be allowed for similarly situated
lands.
2. All uses within the Floodway District
shall:
a. Be consistent with the need to
minimize flood damage.
b. Use construction methods and
practices that will minimize flood
damage.
c. Use construction materials and
utility equipment that are resistant
to flood damage.
3. No use shall affect the capacity or
conveyance of the channel or flood-
way or any tributary to the main
stream, drainage ditch, or any other
drainage facility or system.
4. Structures, buildings and sanitary and
utility systems, if permitted, shall
meet the applicable performance
standards of the Floodway Fringe Dis-
trict and shall be constructed or
aligned to present the minimum pos-
sible resistance to flood flows.
5. Buildings, if permitted, shall have a
low flood damage potential and shall
not be for human habitation.
6. Storage of materials or equipment that
are buoyant, flammable, explosive or
injurious to human, animal or plant
life is prohibited. Storage of other ma-
terial may be allowed if readily re-
movable from the Floodway District
within the time available after flood
warning.
7. Watercourse alterations or relocations
(channel changes and modifications)
must be designed to maintain the
flood carrying capacity within the al-
CHAPTER 22
FLOODWAY AND FLOOD PLAIN DISTRICTS 10-22-3 “F-F” FLOODWAY FRINGE (OVERLAY) DISTRICT.
90
tered or relocated portion. In addition,
such alterations or relocations must be
approved by the Iowa Department of
Natural Resources (IDNR).
8. Any fill allowed in the floodway must
be shown to have some beneficial
purpose and shall be limited to the
minimum amount necessary.
9. Pipeline river or stream crossings
shall be buried in the streambed and
banks or otherwise sufficiently pro-
tected to prevent rupture due to
channel degradation and meandering
or due to the action of flood flows.
10-22-3 “F-F” FLOODWAY FRINGE
(OVERLAY) DISTRICT.
A. Permitted Uses.
All uses within the Floodway Fringe
(Overlay) District (designated as Zone AE on
the Official Flood Plain Zoning Map) shall be
permitted to the extent that they are not pr o-
hibited by any other ordinance (or underlying
zoning district) and provided they meet ap-
plicable performance standards of the Floo d-
way Fringe (Overlay) District. [Ordinance
5288, 06/15/15]
B. Performance Standards.
All uses must be consistent with the need
to minimize flood damage and shall meet the
following applicable performance standards.
1. All structures shall (1) be adequately
anchored (including factory built
homes) to prevent flotation, collapse
or lateral movement of the structure,
(2) be constructed with materials and
utility equipment resistant to flood
damage, and (3) be constructed by
methods and practices that minimize
flood damage.
2. Residential buildings - All new or
substantially improved residential
structures shall have the lowest floor,
including basements, elevated a min-
imum of 1.0 foot above the 100 year
flood level. Construction shall be up-
on compacted fill which shall at all
points be no lower than 1.0 foot above
the 100 year flood level and extend at
such elevation at least 18 feet beyond
the limits of any structure erected
thereon. Alternate methods of elevat-
ing (such as piers) may be allowed
subject to favorable consideration by
the Board of Adjustment and issuance
of a Special Exception Permit where
existing topography, street grades, or
other factors preclude elevating by fill.
In such cases, the methods used must
be adequate to support the structure
as well as withstand the various forces
and hazards associated with flooding.
All new residential building shall be
provided with a means of access
which will be passable by wheeled
vehicles during the 100 year flood.
[Ordinance 3487, 6/15/87] [Ordinance
5049, 6/20/11]
3. Non-residential buildings - All new or
substantially improved non-
residential buildings shall have the
first floor (including basement) ele-
vated a minimum of 1.0 foot above the
100 year flood level or together with
attendant utility and sanitary systems
be flood-proofed to such a level.
When flood proofing is utilized, a pro-
fessional engineer registered in the
State of Iowa shall certify that the
flood-proofing methods used are ade-
quate to withstand the flood depths,
pressures, velocities, impact and uplift
forces and other factors associated
with the 100 year flood; and that the
structure below the 100 year flood
level is watertight with walls substan-
tially impermeable to the passage of
water. A record of the certification
indicating the specific elevation (in re-
lation to North American Vertical Da-
tum 1988) to which any structures are
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91
flood-proofed shall be maintained by
the City Planner or designee.
4. All factory built homes which are
placed in an existing factory built
home park or subdivision, shall be an-
chored to resist flotation, collapse, or
lateral movement by providing over-
the-top and frame ties to ground an-
chors. Specific requirements are that
(1) over-the-top ties be provided at
each of the four corners of the factory
built home with two (2) additional ties
per side at intermediate locations for
factory built homes 50 feet or more in
length or one (1) such tie for factory
built homes less than 50 feet in length;
(2) frame ties be provided at each cor-
ner of the home with five (5) addition-
al ties per side at intermediate points
for factory built homes 50 feet or more
in length or four (4) such ties for
homes less than 50 feet in length; (3)
all components of the anchoring sys-
tem be capable of carrying a force of
4800 pounds; and (4) any additions to
the factory built home be similarly an-
chored. All factory built homes which
are placed in an existing factory built
home park or subdivision shall be ele-
vated on a permanent foundation
such that the lowest floor of the struc-
ture is a minimum of one (1) foot
above the 100-year flood level. [Ordi-
nance 5049, 6/20/11]
5. All factory built homes not being
placed in existing factory built home
parks or subdivisions shall be placed
on lots or pads elevated by means of
compacted fill so that the lowest floor
of the factory built home will be a
minimum of one (1) foot above the 100
year flood level. In addition, the tie -
down specifications enumerated with-
in subparagraph (d) herein must be
met and adequate surface drainage
and access for a hauler must be pro-
vided. [Ordinance 5049, 6/20/11]
6. New factory built home parks, expan-
sions to existing factory built home
parks, and factory built home parks
where the repair, reconstruction or
improvement of the streets, utilities,
and pads equals or exceeds 50% or
more of the value of the streets, utili-
ties and pads before the repair, recon-
struction or improvement has com-
menced shall provide: (1) lots or pads
that have been elevated by means of
compacted fill so that the lowest floor
of factory built homes will be a mini-
mum of 1.0 feet above the 100 year
flood level; (2) adequate surface
drainage; (3) access for a hauler; and
(4) ground anchors for factory built
homes. [Ordinance 5049, 6/20/11]
7. Utility and Sanitary Systems.
a. All new and replacement sanitary
sewage systems shall be designed
to minimize or eliminate infiltra-
tion of flood waters into the sys-
tem as well as the discharge of ef-
fluent into flood waters.
Wastewater treatment facilities
(other than on-site systems) shall
be provided with a level of flood
protection equal to or greater than
one (1) foot above the 100 year
flood elevation. [Ordinance 5049,
6/20/11]
b. On-site waste disposal and water
supply systems shall be located or
designed to avoid impairment to
the system or contamination from
the system during flooding. [Ordi-
nance 5049, 6/20/11]
c. New or replacement water supply
systems shall be designed to min-
imize or eliminate infiltration of
flood waters into the system. Wa-
ter supply treatment facilities
(other than on-site systems) shall
be provided with a level of protec-
tion equal to or greater than one
CHAPTER 22
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92
(1) foot above the 100-year flood
elevation. [Ordinance 5049, 6/20/11]
d. Utilities such as gas or electrical
systems shall be located and con-
structed to minimize or eliminate
flood damage to the system and
the risk associated with such flood
damaged or impaired systems.
8. Storage of materials and equipment
that are flammable, explosive or inju-
rious to human, animal or plant life is
prohibited unless elevated a mini-
mum of one (1) foot above the 100 -
year flood level. Other material and
equipment must either be similarly el-
evated or (1) not be subject to major
flood damage and be anchored to
prevent movement due to flood wa-
ters or (2) be readily removable from
the area within the time available after
flood warning.
9. Flood control structural works such as
levees, flood walls, etc. shall provide,
at a minimum, protection from a 100-
year flood with a minimum of 3 feet of
design freeboard and shall provide for
adequate interior drainage. In add i-
tion, structural flood control works
shall be approved by the Iowa De-
partment of Natural Resources
(IDNR).
10. No use shall affect the capacity or
conveyance of the channel or flood-
way of any tributary to the main
stream drainage ditch or other drain-
age facility or system.
11. The exemption of detached garages,
sheds, fences, flag poles and similar
structures from the 100 year flood ele-
vation requirements may result in in-
creased premium rates for insurance
coverage of the structure and con-
tents; however, said detached garages,
sheds, fences, flag poles and similar
accessory type structures are exempt
from the 100 year flood elevation re-
quirements when:
a. The structure shall not be used for
human habitation.
b. The structure shall be designed to
have low flood damage potential.
c. The structure shall be constructed
and placed on the building site so
as to offer minimum resistance to
the flow of floodwaters.
d. The structure shall be firmly an-
chored to prevent flotation which
may result in damage to other
structures.
e. The structure’s service facilities
such as electrical and heating
equipment shall be elevated or
flood proofed.
f. For detached garages and sheds a
professional engineer licensed in
the State of Iowa shall certify that
these requirements are met. [Ordi-
nance 5049, 6/20/11]
12. Subdivisions (including factory-built
home parks and subdivisions) shall be
consistent with the need to minimize
flood damages and shall have ad e-
quate drainage provided to reduce
exposure to flood damage. Develop-
ment associated with subdivision
proposals (including the installation
of public utilities) shall meet the ap-
plicable performance standards of this
Ordinance. Subdivision proposals in-
tended for residential use shall pro-
vide all lots with a means of vehicular
access that will remain passable by
wheeled vehicles during the occur-
rence of the 100-year flood. Proposals
for subdivisions greater than five (5)
acres or fifty (50) lots (whichever is
less) shall include 100-year flood ele-
vation data for those areas located
within the Floodway Fringe (Overlay)
District. [Ordinance 5049, 6/20/11]
CHAPTER 22
FLOODWAY AND FLOOD PLAIN DISTRICTS 10-22-4 “F-P” GENERAL FLOOD PLAIN (OVERLAY) DISTRICT.
93
13. All new and substantially improved
structures. [Ordinance 3487, 6/15/87]
a. Fully enclosed areas below the
“lowest floor” (not including
basements) that are subject to
flooding shall be designed to au-
tomatically equalize hydrostatic
flood forces on exterior walls by
allowing for the entry and exit of
flood waters. Designs for meeting
this requirement must either be
certified by a registered profes-
sional engineer or meet or exceed
the following minimum criteria:
i. A minimum of two openings
having a total net area of not
less than one square inch for
every square foot of enclosed
area subject to flooding shall
be provided.
ii. The bottom of all openings
shall be no higher than one
foot above grade.
iii. Openings may be equipped
with screens, louvers, valves,
or other coverings or devices
provided that they permit the
automatic entry and exit of
flood waters.
Such areas shall be used solely for
parking of vehicles, building ac-
cess, or low damage potential
storage. [Ordinance 5049, 6/20/11]
b. New and substantially improved
structures must be designed (or
modified) and adequately an-
chored (including factory built
homes) to prevent flotation, col-
lapse, or lateral movement of the
structure resulting from hydrody-
namic and hydrostatic loads, in-
cluding the effects of buoyancy.
c. New and substantially improved
structures must be constructed
with electrical, heating, ventila-
tion, plumbing and air condition-
ing equipment and other service
facilities that are designed and/or
located so as to prevent water
from entering or accumulating
within the components during
conditions of flooding.
14. Factory-Built Homes.
a. All factory-built homes, including
those placed in existing factory-
built home parks or subdivisions
shall be anchored to resist flota-
tion, collapse, or lateral move-
ment. Methods of anchoring may
include, but are not limited to, use
of over-the-top or frame ties to
ground anchors. [Ordinance 5049,
6/20/11]
b. All factory-built homes, including
those placed in existing factory-
built home parks or subdivisions,
shall be elevated on a permanent
foundation such that the lowest
floor of the structure is a mini-
mum of one (1) foot above the 100-
year flood level. [Ordinance 3487,
6/15/87]
10-22-4 “F-P” GENERAL FLOOD PLAIN
(OVERLAY) DISTRICT.
A. Principal Permitted Uses.
The following uses, including accessory
and customarily incidental uses to the follow-
ing uses, shall be permitted within the Gen-
eral Flood Plain (Overlay) District (designat-
ed as Zone A on the Official Flood Plain Zon-
ing Map) to the extent they are not prohibited
by any other ordinance (or underlying zoning
district) and provided they do not require
placement of structures, factory built homes,
fill or other obstruction; the storage of mat e-
rials or equipment; excavation or alteration of
a watercourse, unless approved as herein
stated. [Ordinance 5049, 6/20/11] [Ordinance
5288, 06/15/15]
CHAPTER 22
FLOODWAY AND FLOOD PLAIN DISTRICTS 10-22-5 “S-F” SHALLOW FLOODING (OVERLAY) DISTRICT.
94
1. Agricultural uses such as general
farming, pasture, grazing, outdoor
plant nurseries, horticulture, viticul-
ture, truck farming, forestry, sod
farming and crop harvesting.
2. Industrial-commercial uses such as
loading areas, parking areas, and air-
port landing strips.
3. Private and public recreation uses
such as golf courses, tennis courts,
driving ranges, archery ranges, picnic
grounds, boat launching ramps,
swimming areas, parks, wildlife and
nature preserves, game farms, fish
hatcheries, shooting preserves, target
ranges, trap and skeet ranges, hunting
and fishing areas, hiking and horse-
back riding trails.
4. Stormwater detention or retention fa-
cilities. [Ordinance 5288, 06/15/15]
5. Residential uses such as lawns, ga r-
dens, parking areas and play areas.
6. Such other open-space uses similar in
nature to the above uses. [Ordinance
5049, 6/20/11]
B. Conditional Uses.
Any use which involves placement of
structures, factory built homes, fill or other
obstructions; the storage of materials or
equipment; excavation or alteration of a wa-
tercourse may be allowed only upon a dete r-
mination by the Iowa Department of Natural
Resources (IDNR) to determine (1) whether
the land involved is either wholly or partly
within the floodway or floodway fringe and
(2) the 100 year flood level. The applicant
shall be responsible for providing the Iowa
Department of Natural Resources (IDNR)
with sufficient technical information to make
the determination. [Ordinance 5049, 6/20/11]
[Ordinance 5288, 06/15/15]
C. Performance Standards.
1. All conditional uses or portions there-
of to be located in the floodway as d e-
termined by the Iowa Department of
Natural Resources (IDNR) shall meet
the applicable provisions and stand-
ards of the Floodway (Overlay) Dis-
trict.
2. All conditional uses, or portions
thereof, to be located in the floodway
fringe as determined by the Iowa De-
partment of Natural Resources
(IDNR) shall meet the applicable
standards of the Floodway Fringe
(Overlay) District.
10-22-5 “S-F” SHALLOW FLOODING
(OVERLAY) DISTRICT.
A. Permitted Uses.
All uses within the Shallow Flooding
(Overlay) District (designated as Zone AO or
AH on the Official Flood Plain Zoning Map)
shall be permitted to the extent that they are
not prohibited by any other ordinance (or
underlying zoning district) and provided
they meet the applicable performance stand-
ards of the Shallow Flooding (Overlay) Dis-
trict. [Ordinance 5288, 06/15/15]
B. Performance Standards.
The performance standards for the Shal-
low Flooding (Overlay) District shall be the
same as the performance standards for the
Floodway Fringe (Overlay) District with the
following exceptions:
1. In shallow flooding areas designated
as an AO Zone on the Flood Insurance
Rate Map, the minimum flood proof-
ing/flood protection elevation shall be
equal to the number of feet as speci-
fied on the Flood Insurance Rate Map
(or a minimum of 2.0 feet if no num-
ber is specified) above the highest
natural grade adjacent to the struc-
ture. [Ordinance 5049, 6/20/11]
2. In shallow flooding the Flood Insur-
ance areas designated as an AH Zone
on the Flood Insurance Rate Map, the
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“H-C” HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 10-23-1 GENERAL REGULATIONS.
95
minimum flood proofing/flood eleva-
tion shall be equal to the elevation as
specified on the Flood Insurance Rate
Map.
3. In AO and AH zones, require drain-
age paths around structures on slopes
to guide water away from structures.
[Ordinance 5049, 6/20/11]
CHAPTER 23
“H-C” HIGHWAY 218
CORRIDOR OVERLAY
DISTRICT
[Ordinance 3698, 2/5/90]
[Ordinance 3805, 8/5/91]
10-23-1 GENERAL REGULATIONS.
A. Boundaries.
The “H-C” Highway 218 Corridor Ove r-
lay District shall generally include all real
property adjacent to or in close proximity to
U.S. Highway 218. The actual boundaries are
shown on the official zoning map and legally
described in Attachment A to this Section.
B. Purpose and Intent.
The purpose and intent of this Chapter is
to establish a Highway Corridor Overlay Dis-
trict for the orderly development of prope r-
ties located within the Highway 218 Corridor
Overlay District. The emphasis of the High-
way Corridor Overlay District is to regulate
the development within the Highway 218
Corridor in order to promote the health, safe-
ty and welfare of the citizens of Waterloo.
New structures, certain modifications to
existing structures that require building per-
mits and certain site improvements shall con-
form to this Chapter thereby achieving the
environmental goals of the Land Use Policy
Plan.
The provisions of this Chapter shall apply
in addition to any other zoning district regu-
lations and requirements in which the land
may be classified. In the case of conflict, the
most restrictive provisions shall govern, ex-
cept as otherwise expressly provided in this
Chapter.
C. Definitions.
The following definitions shall apply only
for the purposes of this Chapter.
1. Landscaped Area - An area not subject
to vehicular traffic, which consists of
living landscape material, decorative
rock, mulch, and similar material.
2. Vehicular Use Areas - All areas subject
to vehicular traffic including, but not
limited to, access ways, driveways,
loading areas, service areas, and park-
ing stalls for all types of vehicles. This
definition shall not apply to covered
parking structures or underground
parking lots.
3. Overstory Tree - A self-supporting
woody plant having at least one well-
defined stem or trunk and normally
attaining a mature height and spread
of at least 30 feet, and having a trunk
that may, at maturity, be kept clear of
leaves and branches at least eight feet
above grade.
4. Understory Tree - A self-supporting
woody plant having at least one well
defined stem or trunk and normally
attaining a mature height and spread
of less than 30 feet.
5. Shrub - A woody or perennial plant
with multiple stems.
6. Living Landscape - Low growing
woody or herbaceous groundcover,
turf, shrubs, and trees.
7. Screen - An area of planting which
provides an effective visual barrier.
For a single row the screen shall con-
sist of Spruce, Firs, or Pines spaced at
a maximum spacing of 15 feet or a
double staggered row of Spruce, Firs,
or Pine spaced at a maximum spacing
CHAPTER 23
“H-C” HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 10-23-1 GENERAL REGULATIONS.
96
of 20 feet within each row; for Ar-
borvitae and Juniper the spacing shall
be a double staggered row with max-
imum spacing of 10 feet within each
row, or a single row with maximum
spacing of 6 feet.
8. Parking Strip - That portion of city
owned property between the curb
line, shoulder line or traveled portion
of the roadway or alley and the pri-
vate property line.
9. On-premise signs - A sign on the same
property as the activity it advertises.
10. Off-premise signs - A sign not entirely
on the same property as the a ctivity it
advertises.
11. Strip Mall - A group of commercial
establishments with off street parking
on the property that are planned and
developed as an architectural unit and
are generally positioned in a row with
common walls.
12. Large sites - Sites with an area equal
to or greater than two acres.
13. Street yard setback area - The area lo-
cated between a line parallel and adja-
cent to the structure and the street
right-of-way line.
D. Administrative Regulations.
The provisions of this Chapter shall con-
stitute the requirements for all zones that lie
within the boundaries of the Highway 218
Corridor Overlay District. This Cha pter shall
apply to all new construction, a change in
use, or the following alteration or enlarg e-
ment:
1. A 10% addition or 1000 square feet,
whichever is less; or
2. Any alteration which causes a sub-
stantial change in the exterior appea r-
ance.
Expansion of Existing Uses
For existing uses which will be ex-
panding, the following percent of total
points and total landscaped area shall
be applied to the project dependent
upon the total size of all additions
since February 5, 1990:
The lesser of: Shall require:
10% - 20% addition 25% of Ordinance
or 100 square feet 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 ordi-
2501 square feet nance
requirements
For those projects which are being re-
viewed as a result of a proposed sub-
stantial change in the exterior appear-
ance, rather than an increase in the
floor area, the landscape requirements
shall be reviewed using the alternative
compliance criteria by the Design Re-
view Board.
In addition to the above this Chapter
shall also apply to all sites being de-
veloped for the provision of parking
as a primary use or for any improve-
ment which results in the provision of
or an increase in parking.
This Chapter shall also apply to any
additions, alterations, or repairs to ex-
isting structures which result in a
change in the occupancy classification
under the currently adopted Building
Code. The City Planner may prorate
the requirements herein, based upon
the nature and extent of alterations
and additions. For projects as indica t-
ed above, no certificate of occupancy
or building permit shall be issued un-
less such development project is
CHAPTER 23
“H-C” HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 10-23-1 GENERAL REGULATIONS.
97
found to be in conformance with this
Chapter.
E. Alternative Compliance.
In a case where a plan does not comply
with the provisions of this Chapter, the De-
sign Review Board may approve the plan on-
ly if the following findings are made:
1. The proposed improvements will ful-
fill an individual and/or community
need and will not adversely affect the
goals of the Comprehensive Plan; and
2. The proposed improvements, because
of conditions that have been applied
to it, will not be detrimental to the
health, safety and general welfare of
persons residing or working in the a r-
ea and will not adversely affect other
property in the vicinity; and
3. The proposed improvements will
meet the purpose and intent of this
Chapter; and
4. The proposed improvements will
meet all requirements of the underly-
ing Zoning District. If the proposed
improvements do not meet all re-
quirements of the underlying Zoning
District, approval of a Variance by the
Board of Adjustment is also required.
The Alternative Compliance provision
may be applied to large commercial and in-
dustrial projects or projects on difficult sites
that are unable to meet the requirements as
stated in this Chapter. In all cases projects so
approved must satisfy the findings described
above.
F. Landscape Requirements.
1. Submittal Procedures.
a. Submittals 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 supplemen-
tary information as required to
demonstrate conformance to the
landscape requirements. Any de-
viations from the approved land-
scape plan must receive approval
from the City Planner or his/her
designated representative prior to
installation.
b. The owner, by filing a landscape
application, grants the City or its
licensed and contracted agent the
right to enter upon the land for the
purposes of installing the required
landscaping, in the event that such
landscaping is not in place by the
date specified in the agreement, or
in the event that such landscaping
is not maintained as provided in
the agreement. If the City must
carry out the applicant’s landscap-
ing responsibilities, the cost shall
be assessed against the property.
2. Measured Compliance.
The following point schedule and
conditions apply to required land-
scaping in all zones and shall be used
in determining achieved points for re-
quired 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 40 points
1½ inch caliper or greater 30 points
1 inch caliper or greater 20 points
Shrubs
5 gallon or greater 10 points
2 gallon or greater 5 points
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98
Conifers
10 foot height or greater 100 points
8 foot height or greater 90 points
6 foot height or greater 80 points
5 foot height or greater 40 points
4 foot height or greater 30 points
3 foot height or greater 20 points
3. Minimum Requirements for Desig-
nated Zones.
a. “R” Zones - The minimum re-
quired landscape area shall be 45
percent of the lot exclusive of
buildings. The yard shall be
planted with a combination of
trees and shrubs to achieve a min-
imum of .05 points per square foot
of the landscaped area.
b. “C-3” Commercial Zone - The
minimum required landscape area
shall be 65 percent of the lot exclu-
sive of buildings and parking. The
landscape area shall be planted
with a combination of trees and
shrubs to achieve a minimum of
.05 points per square foot of land-
scaped area.
c. “C” and “M” Zones excluding
“C-3” - The minimum required
landscape area shall be 25 percent
of the total lot area. The landscape
area shall be planted with a com-
bination of trees and shrubs to
achieve a minimum of .04 points
per square foot of total lot area.
4. Additional Landscaping Require-
ments.
The following additional landscaping
requirements apply to all zones:
a. Vehicular Use Areas.
i. For vehicular use areas larger
than four spaces, an area
equivalent to a minimum of
five percent (5%) of the total
vehicular use area shall be
landscaped. The required
landscape area shall be located
within the vehicular use area.
ii. There shall be .04 points per
square foot of vehicular use
area. The points shall be dis-
tributed throughout the vehic-
ular use area and within five
feet (5') of the perimeter. The
intent is to position the plant-
ings to enhance the overall ap-
pearance of the site.
iii. There shall be sufficient barri-
ers to protect all landscaped
areas from vehicular damage.
iv. Wherever a parking area is lo-
cated adjacent to City Right-of-
Way, the parking area shall be
separated from the parking
strip by a landscaped area(s) of
a width no less than eight feet
(8’) measured perpendicular to
the curb. This area may be re-
quired by the Design Review
Board to contain an effective
visual screen for a minimum of
eighty percent (80%) of that
parking area. This screen, if
required, must be at least 30
inches in height, as measured
from the parking area or the
street curb, whichever is high-
er, and may be achieved
through the use of landscaped
berms or plant materials. If
plant materials are used to
achieve this screen there will
be one (1) point assigned per
linear foot of the screen. No
individual plant points will be
assigned for this screen.
v. The vehicular use area must
terminate at least five feet from
any exterior building wall.
Exceptions may be made
where it is necessary to cross
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99
the non-vehicular use area to
gain access to the building(s)
and for drive up facilities such
as banks and restaurants and
for other difficult sites as de-
termined by the Board.
vi. All trees in the interior of the
vehicular use area shall be two
inch (2") caliper or greater
measured six inches (6") above
grade at the time of planting.
vii. Areas less than 40 square feet
in size or having an average
dimension of less than three
feet, shall not be included for
purposes of calculating the re-
quired landscape area in the
vehicular use area.
b. Street Tree Planting. A mini-
mum of 1.5 points per linear foot
of street frontage must be
achieved in the City parking strip.
This point requirement shall be
met through the provision of trees,
and planting shall comply with
the Vegetation Ordinance as set
forth in Section 7-5-3 of the Code
of Ordinances, as amended. [Ordi-
nance 5288, 06/15/15] If circum-
stances do not allow planting on
the city parking, street tree points
shall be placed in the street yard
setback area.
c. 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, re-
moval of litter, pruning, mowing
of lawns, adequate watering for all
growing plant life, and also weed-
ing in accordance with the Tree
and Shrub Care Guidelines as set
forth by the Waterloo Park Com-
mission. The owner shall also be
responsible for any replacement,
as necessary, in order to preserve
the landscaping plan as approved
by this Section. The responsibility
to maintain the landscaping shall
include the parking strip located
between the private property line
and the public street or highway,
directly adjacent to the owner’s
property. An installation and
maintenance of landscaping and
right to enter agreement shall be
signed prior to a building permit
being issued, unless otherwise
provided by the City Planner.
d. Residential Development. For
residential development in other
than residential zones, the residen-
tial requirements of this Section
10-23-1(F) shall apply.
e. Point Distribution. A minimum
of 65 percent of all required points
shall be achieved through tree
plantings. A minimum of 10 per-
cent of all required points shall be
achieved through living landscape
other than trees.
f. Reduction of Landscaped Area.
A point score in excess of that re-
quired may be used to reduce the
required landscaped area at a rate
of one square foot per excess point
up to a maximum reduction of 25
percent.
g. Screening. For any use that is
not oriented toward U.S. Highway
218, a screen may be required by
the Design Review Board to be in-
stalled along the lot line closest to
the highway. There will be no in-
dividual tree points given for this
screen. The screen will receive 3
points per linear foot if the trees
are greater than 6 feet in height at
the time of planting. The screen
will receive 1 point per linear foot
if the trees are greater than 4 feet
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100
in height at the time of planting.
In no case shall the trees be less
than 4 feet at the time of planting.
Exceptions to this requirement
may be granted by the Design Re-
view Board.
G. Sign Regulations.
GENERAL PROHIBITION: No person
shall develop, install, locate, or construct any
sign requiring a permit within the Highway
218 Overlay District in the City of Waterloo
except as expressly authorized in this Se ction.
The provisions of this Section shall apply in
addition to any other zoning district in which
land may be classified and that such lands
may be used as permitted by such other dis-
tricts. In the case of conflict the most restric-
tive provisions shall govern except as othe r-
wise expressly provided in this Section.
1. Permitted Signs.
a. On-premise Signs.
i. In residential and “A-1” dis-
tricts, only those signs permit-
ted in the underlying districts
shall be allowed.
ii. Commercial “C-1” and
“C-1”/“C-Z”
(a) Freestanding Signs. One
post, pole or monument
sign per property, not to
exceed 40 square feet on
each face and not to exceed
20 feet in height. If more
than two faces are used the
area of each side shall be
reduced proportionately.
(b) Wall Signs. Wall signs
shall not exceed two (2)
square feet in area for eve-
ry linear foot of wall dis-
playing such sign. Wall
signs shall be mounted flat
against the building. For
the purpose of this Chap-
ter, signs painted on awn-
ings and signs mounted on
mansards shall be consid-
ered as wall signs.
(c) Directional Signs. Each
use shall also be allowed
directional signs as neces-
sary to facilitate the order-
ly flow of traffic with a
maximum area of 6 square
feet each. A logo or busi-
ness name is permitted on
the directional signs, but
shall not exceed two (2)
square feet. These signs
are for directional, not ad-
vertising purposes. The
directional signs shall not
be included in the calcula-
tion of the allowable
square footage or location
of other signage.
(d) Menu Signs. Single sided
menu signs shall be al-
lowed with no advertise-
ment on the back of the
sign. Each sign shall have a
maximum area of sixty (60)
square feet and shall not
include a speaker if facing
an abutting residential dis-
trict or residential use. The
menu signs shall not be in-
cluded in the calculation of
the allowable square foot-
age or location of other
signage.
iii. Commercial “C-2” and All
Other Zoning Classifications
(a) Post signs. One Post sign
per property, not to exceed
40 feet in height with an
area not to exceed the
smaller of the following:
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101
(1) Two square feet for
each foot of street
frontage.
(2) 250 square feet.
If more than two faces are
used, the area of each side
shall be reduced propor-
tionately.
For large sites one addi-
tional post sign may be al-
lowed under the follow-
ing conditions:
(1) The property has at
least one hundred fifty
feet (150') of continu-
ous street frontage.
(2) The additional post
sign shall not be locat-
ed closer than one
hundred fifty feet (150')
to any other post sign
on the same property.
(3) The maximum com-
bined area for both
signs shall not exceed
the maximum allowed
area for a single post
sign in that zone.
Strip malls and multi-
ple businesses with the
land under common
ownership that share
common parking, ac-
cess, or structures shall
be treated as a single
property for the pur-
poses of this Section.
For strip malls and
multiple businesses
with the land under
diverse ownership that
share common parking,
access, or structures,
there shall be allowed
one post sign per use if
the following condi-
tions are met:
(i) The additional post
sign shall not be lo-
cated closer than
one hundred fifty
feet (150') to any
other post sign.
(ii) The maximum
combined area for
all signs on the site
shall not exceed the
maximum allowed
area for a single
post sign in that
zone.
(iii) A sign plan
showing the square
footage of signage
for each parcel shall
be submitted by the
developer and/or
landowners for the
entire site prior to a
sign permit being
issued.
(b) Wall Signs. Wall signs
shall not exceed 10% of the
wall area; in no case shall
the wall signs exceed 10%
of the first 15 vertical feet
of wall area. The length of
a wall sign shall not exceed
2/3 of the building wall
length. Wall signs shall be
mounted flat against the
building. For the purpose
of this Chapter, signs
painted on awnings and
signs mounted on man-
sards shall be considered
as wall signs.
(c) Directional Signs. Each
use shall also be allowed
directional signs as neces-
sary to facilitate the order-
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102
ly flow of traffic with a
maximum area of 6 square
feet each. A logo or busi-
ness name is permitted on
the directional signs, but
shall not exceed two (2)
square feet. These signs
are for directional, not ad-
vertising purposes. The
directional signs shall not
be included in the calcula-
tion of the allowable
square footage or location
of other signage.
(d) Menu Signs. Single sided
menu signs shall be al-
lowed with no advertise-
ment on the back of the
sign. Each sign shall have
a maximum area of sixty
(60) square feet and shall
not include a speaker if
facing an abutting residen-
tial district or residential
use. The menu signs shall
not be included in the cal-
culation of the allowable
square footage or location
of other signage.
(e) Roof Signs. Roof signs
shall be allowed in place of
the wall sign only when
both of the following con-
ditions are met:
(1) Insufficient area for a
wall sign;
(2) The building has a
pitched roof and the
roof sign does not pro-
ject higher than the
peak of the roof.
b. Off-Premise Signs. Off-premise
signs shall not be allowed in the
overlay district. Off-premise signs
in existence within the “H-C” Dis-
trict at the time of enactment of
this Section shall be permitted to
remain as permitted uses in the
underlying zoning district. Exist-
ing off-premise signs may be
maintained, repaired, reconstruct-
ed or replaced in the same loca-
tion. [Ordinance 3903, 11/23/92]
2. Additional Sign Regulations. [Ordi-
nance 3923, 2/15/93]
Sign permits shall expire 6 months af-
ter the date of issuance.
When a business ceases operation the
on-premise signage shall be removed
by the owner according to the follow-
ing schedule: Sign or sign cabinet—
within 180 days, supporting struc-
ture—within 1 year
When off-premise advertising is bare
or in disrepair for a period of 90 days
it shall be removed. If it is bare or in
disrepair for a period of one year the
structure shall be removed.
3. Prohibited Signs.
The following signs are not consid-
ered appropriate within the overlay
district and shall not be permitted:
a. Portable signs
b. Off-premise signs located on
bus benches
c. Signs painted directly on
buildings
d. Off-premise roof signs
H. Design Review Board.
1. Purpose.
The primary purpose of design review
is to insure a high degree of aesthetics,
to promote quality and compatible
development of land uses, buildings,
structures and the physical environ-
ment of the community within the
highly visible Highway 218 Corridor.
Design review encompasses the exam-
ination of the below criteria with re-
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103
gard to the aesthetics, appearances,
and function of the structure in rela-
tion to the site, adjacent structures
and surrounding community.
The Design Review Board and Plan-
ning Department shall review plans
based upon Section 10-22-5(H)(3) as
established in this Section of the Zon-
ing Ordinance. The Board must con-
sider the following as well as the
guidelines developed by the Board
and approved by the Commission:
a. The existing and proposed condi-
tions of the lot, including but not
necessarily limited to topography,
vegetation, trees, drainage, and
waterways.
b. The location of all existing and
proposed buildings, drives, park-
ing spaces, walkways, means of
ingress and egress, drainage facili-
ties, utility services, landscaping
structures, signs, and lighting and
screening devices.
c. The dimensions of all buildings,
structures, setbacks, parking spa c-
es, floor area ratio, height, lot cov-
erage and any other information
that may be reasonably required
to determine compliance with this
Ordinance.
d. Architectural elements of exterior
building surfaces, including mate-
rials.
e. The proposed structure indicates a
sensitivity to and is compatible
with the environment, adjacent
structures, and enhances the ap-
pearance of the surrounding
properties.
f. Access to the site from adjacent
roads shall be designed so as to in-
terfere as little as possible with
traffic flow on Highway 218 and
to permit vehicles a rapid and safe
ingress and egress to the site.
g. Lighting shall be reviewed to en-
sure safe movement of persons
and vehicles; for security purposes
and to minimize glare and reflec-
tion on adjacent properties. Buff-
ering materials shall be reviewed
to ensure that headlights of vehi-
cles, noise, and light from struc-
tures are purposely shielded from
public view and pedestrian areas.
h. The overall project shall be re-
viewed for compliance with the
City’s Comprehensive Plan or
special plans that apply to or af-
fect the subject property.
2. Design Review Board.
a. Powers and Duties.
i. The Design Review Board
shall be responsible for re-
viewing all applications for
design review required under
this Section.
ii. The Design Review Board
shall have the power to ap-
prove or deny applications
with or without conditions. If
an application is denied the
reasons for the denial shall be
stated.
iii. The Design Review Board
shall create and maintain a list
of design guidelines which it
shall apply to all applications.
Said guidelines may be
amended by a majority vote of
the Board.
b. Membership.
i. Composition - The Design Re-
view Board shall be composed
of seven (7) regular members
and two (2) ex-officio mem-
bers. The seven (7) regular
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104
members shall consist of a
minimum of two (2) members
at large and a minimum of
three (3) members from the fol-
lowing disciplines: architec-
ture, landscape architecture,
planning, land development
and the arts. The two (2) ex-
officio members shall be the
City Planner and the Building
Official.
ii. Appointment - All members
shall be appointed by the
Mayor and approved by the
City Council.
iii. Residency and Place of Busi-
ness - All regular members
shall reside in or have their
primary place of business in
the City of Waterloo, Iowa.
c. Terms of Office. The term of
service on the Design Review
Board shall be three (3) years.
Each member shall serve until the
appointment of a successor. Va-
cancies shall be filled for the un-
expired term of any member
whose term becomes vacant.
d. Removal. Any Board member
shall be removable for cause by
the appointing authority by writ-
ten charges and after public hear-
ing.
e. Quorum and Voting Four (4)
regular members shall constitute a
quorum. A majority vote of the
quorum shall be required to ap-
prove any application. The Chair
shall have the right to vote on all
issues before the Board. Prior to a
decision of the Board, the ex-
officio members shall submit a
recommendation for each item on
the agenda. If an application is
denied the Board shall provide a
written statement to the applicant
in support of its finding.
f. Meetings. The Board shall meet
monthly or at the call of the
Chairperson or the City Planner.
All meetings shall be open to the
public and shall be conducted in
accordance with the rules and
regulations adopted by the Board.
g. Organization.
i. The Chairperson and Vice-
Chairperson shall be elected
annually from the members of
the Board by a majority vote.
ii. The Department of Planning
shall provide the necessary
staff to assist the Board in the
performance of its duties.
h. Conflict of Interest. Members of
the Board shall be governed by the
applicable provisions of the Iowa
Code, as amended. This provision
shall apply from the installation
date of the first Board.
3. Design Review Procedure.
a. Application for Design Review.
The applicant shall obtain a De-
sign Review application from the
Planning Department which shall
be responsible for the overall co-
ordination and administration of
the Design Review Process. Once
the application and appropriate
set(s) of plans have been received
by the Planning Department and
determined to be complete, the
Planning Department shall con-
duct a staff review and prepare a
recommendation to the Design
Review Board.
Any applicant requesting a review
before the Design Review Board
shall pay, upon the submission of
an application to the Planning De-
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105
partment, a fee in accordance with
the Schedule of Fees, as adopted
by resolution by the City Council.
If a deferment or clarification of
conditions is requested by the
Board, there will be no additional
fee. If the applicant removes
his/her file from the agenda after
it has been accepted by the Plan-
ning Department, the City shall re-
tain the application fee.
The fee schedule is required in or-
der to defray the costs associated
with the administration of this
Section.
All applications must be submit-
ted a minimum of one week prior
to the board meeting to be consid-
ered.
Should a question arise as to com-
pliance with the conditions as out-
lined by the Design Review Board,
a clarification review before the
Board may be called by any City
department having jurisdiction or
by the applicant.
Upon receipt of a properly com-
pleted application the Planning
Department shall notify the appli-
cant of the time and place the re-
view will be held. The Design Re-
view Board shall have full power
and authority to consider any ap-
plication subject to design review
under this Section and Planning
Department recommendation
within a reasonable time from the
date of submission of a complete
application to the Planning De-
partment. The Board shall an-
nounce its decision within three
(3) working days of the review.
The Design Review Board shall
have mandatory powers to ap-
prove or deny applications with or
without conditions. If an applica-
tion is denied the reasons for the
denial shall be stated.
The Design Review Board may re-
quire such changes in said plans
and specifications as in its judg-
ment may be requisite and appro-
priate to the maintenance of a high
standard of architecture, as estab-
lished by the standards contained
in this Ordinance, the Design Re-
view Board’s guidelines and as
more specifically outlined in the
City’s Comprehensive Plan and
other specific plans pertaining to
the Highway 218 Corridor Over-
lay District.
Upon approval of an application
by the Design Review Board, the
City Planner or his/her author-
ized representative shall stamp
and sign the plans. The approved
plan shall be part of the Board’s
official record and shall be main-
tained on file with the Planning
Department.
b. Exemptions.
Exemptions to the design review
procedure include the following:
i. All permits for plumbing,
heating, air conditioning, ele-
vators, fire alarms and extin-
guishing equipment, and all
other mechanical and electrical
equipment when such work is
entirely within the interior of
the building; however, the
City Planner or designee may
approve such building permit
applications for minor work
on the exterior of buildings.
ii. Any permit necessary for the
compliance with a lawful or-
der of the City related to the
immediate public health or
safety.
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106
iii. All permits for interior altera-
tions and repairs.
iv. All permits for demolition or
wrecking.
v. All one and two family resi-
dential properties and accesso-
ry uses incidental to the Prin-
cipal Permitted Use.
4. Building Permit Application.
The applicant or his/her authorized
agent shall make application for a
building permit. The application shall
include the plans which were ap-
proved by the Design Review Board
and stamped and signed by the City
Planner or his/her authorized repre-
sentative.
No building permit, certificate of oc-
cupancy, certification of completion,
or occupational license shall be issued
unless all the plans, including
amendments, notes, revision, or mod i-
fications have been approved by the
City Planner or designee. Minor mod-
ifications to plans that have been ap-
proved by the Design Review Board
will be permitted when approved by
the City Planner or his/her designa t-
ed representative.
No building permit shall be issued for
any plan subject to design review ex-
cept in conformance with the ap-
proved plans. The applicant shall
have up to one (1) year from the date
of design plan approval to obtain all
necessary building permits needed to
proceed with construction. If the ap-
plicant fails to obtain said building
permit(s) within the time period, all
staff and Design Review Board ap-
provals shall be null and void and the
applicant shall be required to re-
initiate the design review process;
however, an extension for cause, not
to exceed one (1) year, may be granted
by the Board.
An applicant may submit an applica-
tion for a building permit simultane-
ously with a design plan review in or-
der to expedite processing. However,
no building permit shall be issued un-
til the final design plan has been
stamped and signed by the City Plan-
ner or his/her authorized representa-
tive in accordance with this Ordi-
nance.
5. Special Review Procedure.
For minor work associated with alter-
ations and additions to existing build-
ings, or the construction repair, or al-
teration of new or existing walls, at
grade parking lots, fences, and sign-
age, the City Planner or his/her des-
ignated representative, shall have the
authority to approve, approve with
conditions or deny an application on
behalf of the Design Review Board.
Appeal of the City Planner’s finding
shall be considered by the Board at
the next regular meeting date.
6. Appeal.
The applicant or any city department
having jurisdiction may appeal any
decision of the Design Review Board
to the Board of Adjustment pursuant
to Chapter 28 of the Zoning Ord i-
nance.
I. Screening/Fencing.
1. Any area used for the outside storage
of certain materials as hereinafter de-
scribed, shall be screened with a land-
scape screen or an approved fencing
alternative to provide a visual barrier.
It is the intent to use landscaped
screens whenever possible, and a
fencing alternative is to be used only
in cases where there is insufficient ar-
ea or other obstacles which preclude
the use of the landscaped screen.
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107
The materials subject to this require-
ment include, but are not limited to
the following:
used tires
scrap metal
building materials and supplies
sign materials
concrete forms
used sign panels
junk or salvage vehicles
inoperable vehicles
partially scrapped vehicles
vehicles waiting for repair for more
than 30 days
salvage or inoperable appliances
all similar materials
For any area used for the outside sto r-
age of items listed above, where a
fence alternative is used the fence
shall be set back from property lines
adjacent to public right-of-way a dis-
tance equal to the required building
setback of the underlying Zoning Dis-
trict.
The setback area shall be planted with
a combination of trees and shrubs to
provide a minimum of 1.5 points per
linear foot of street frontage in addi-
tion to the 1.5 points per linear foot of
street frontage required in 10-23-1
(F)(4)(b).
3. If the fencing alternative is utilized all
fencing shall be constructed of new
materials which provide a uniform
appearance and shall be built to meet
or exceed the currently adopted Build-
ing Code. Acceptable fencing materi-
als include but are not limited to:
a. Solid Wood
b. Solid Metal
A 50% reduction in required points on
the exterior of the fence will be grant-
ed for fencing that is constructed from
the following materials:
a. Stone or brick
b. Concrete with approved design
characteristics
c. Chain link with a hedge that sub-
stantially obscures the fence and
which will provide a solid appear-
ance within three (3) years of
planting.
J. Setback Requirements.
1. To achieve the goals of this Section,
the setback requirement shall be fifty
feet (50') for all structures abutting:
a. Highway 218, or;
b. any service or frontage road serv-
ing Highway 218, or;
c. the railroad if the railroad proper-
ty is adjacent to Highway 218 or
Bluff street;
This setback area shall be used for
open space only, except that parking
shall be allowed to begin twenty-five
feet (25') from the property line.
2. For properties located adjacent to
Bluff Street the building setback line
shall be twenty-five feet (25'); the set-
back area shall be used for open space
only. No parking or other use shall be
allowed in the setback area.
3. For the “C-3” Commercial District the
building setback requirements for
property abutting Highway 218 right-
of-way or the right-of-way of any ser-
vice or frontage road servicing High-
way 218 shall be twenty-five feet (25').
This setback area shall be used for
open space only, except that parking
shall be allowed to begin twelve and
one-half feet (12.5') from the property
line.
4. The setback requirements shall apply
to new construction. Existing struc-
tures that are not in compliance with
this Section and wish to expand shall
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108
not increase the non-conformity. Any
proposed expansion of an existing
non-conforming structure between the
existing building line and the required
set back line otherwise required in the
underlying Zoning District shall be al-
lowed only upon approval of the De-
sign Review Board.
5. For properties which are located in
“C-1” and less restrictive zones and
are affected by these setback require-
ments, the required rear yard setback
shall be reduced by one foot for each
foot the front yard setback is in-
creased beyond that which is required
in the underlying zone, provided the
property does not adjoin a residential
zone. In no case shall the rear yard be
reduced to less than ten (10) feet.
K. Use Restrictions.
No new junk yards, salvage yards, recy-
cling yards, or construction storage yards
shall be allowed in the “H-C” Highway 218
Corridor Overlay District. Expansion of said
uses shall be allowed only through the design
review and Board of Adjustment process to
expand a legal non-conforming use.
ATTACHMENT A
Commencing at a point 300 feet westerly
of the intersection of Corporate City Limits
and Highway 218 South; thence continuing
300 feet in even width northerly along High-
way 218 and then westerly along I-380 to
Hess Road.
Thence northerly along Hess Road and
LaPorte Road to the intersection of East
Mitchell Avenue; thence westerly along East
Mitchell Avenue to the intersection of Dena
Street if extended; thence northerly along De-
na Street to Byron Avenue, thence westerly
on Byron Avenue to Wisconsin Street; thence
northerly along Wisconsin Street to Haw-
thorne Avenue; thence westerly along Haw-
thorne Avenue to Ohio Street; thence northe r-
ly on Ohio Street to Forest Avenue; thence
westerly on Forest Avenue to Minnesota
Street; thence northerly along Minnesota
Street to Bertch Avenue; thence westerly
along Bertch Avenue to Oregon Street; thence
northerly along Oregon Street to Williston
Avenue; thence westerly along Williston Av-
enue to Linwood Avenue; thence northerly
along Linwood Avenue to South Street;
thence following South Street westerly to
West Mullan Avenue; thence continuing
westerly on Leland Avenue to Sunnyside Av-
enue; thence southerly on Sunnyside Avenue
to Randall Street; thence westerly on Randall
Street to Oaklawn Avenue; thence southerly
on Oaklawn Avenue to West Wellington;
thence westerly on West Wellington if ex-
tended to Black Hawk Creek; thence northe r-
ly along Black Hawk Creek to Falls Avenue;
thence westerly on Falls Avenue to Fletcher
Avenue; thence northerly on Fletcher Avenue
to Harwood Avenue; thence northwesterly
along Harwood Avenue to Knoll Avenue;
thence northerly on Knoll Avenue to Rock
Island Avenue; thence westerly on Rock Is-
land Avenue to Englewood Avenue; thence
northerly on Englewood Avenue to Bismark
Avenue; thence westerly on Bismark Avenue
to Magnolia Parkway. Thence northerly on
Magnolia Parkway to Stratford Avenue;
thence westerly on Stratford Avenue to
Kirkwood Avenue; thence northerly on
Kirkwood Avenue to Upton Avenue; thence
westerly on Upton Avenue to Galloway
Court; thence northerly on Galloway Court to
Maynard Avenue; thence northwesterly on
Joy Drive to Gayle Street; thence northerly on
Gayle Street to C C & P Railroad; thence
northwesterly along railroad to inte rsection
of Faber Road if extended; thence southerly
to Rainbow Drive; thence westerly to a point
300 feet westerly of intersection of Rainbow
Drive and Greenhill Road; thence following
Highway 218 North ROW northerly and
westerly 300 feet in even width to West Co r-
porate Limits; thence northerly to a point 300
feet north of ROW; thence easterly 300 feet in
even width to 300 feet westerly of Airport
Boulevard; thence northerly 300 feet in even
CHAPTER 24
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width to West Airline Highway; thence eas t-
erly along West Airline Highway to a point
300 feet easterly of Airport Boulevard; thence
southerly in 300 feet even width to Cedar
River; thence following the Cedar River to the
By-Pass Channel; thence following the By -
Pass Channel to Conger Street; thence south-
westerly on Conger Street to Westfield Ave-
nue; thence along Westfield Avenue to River
Road; thence continuing on River Road to
West Mullan Avenue; thence continuing on
Commercial Avenue to West Second Street;
thence southwesterly to West Second Street
to Jefferson Street; thence southeasterly on
Jefferson Street to West Tenth Street; thence
northeasterly on West Tenth Street to Com-
mercial Street; thence southeasterly on Co m-
mercial Street to West Twelfth Street; thence
southwesterly on West Twelfth Street to Je f-
ferson Street; thence southeasterly on Jeffe r-
son Street to West Seventeenth Street; thence
northeasterly on West Seventeenth Street to
Commercial Street; thence southeasterly on
Commercial Street to West Nineteenth Street;
thence southwesterly on West Nineteenth
Street to Jefferson Street; thence southeasterly
on Jefferson Street to LaPorte Road; thence
continuing on Paper Mill Street to Gladys
Street; thence southerly on Gladys Street to
Hawthorne Avenue; thence from Hawthorne
Avenue along Sheffield Avenue if extended
to East Mitchell Avenue; thence westerly
along East Mitchell Avenue to Birmingham
Avenue and Iowa Northern Railway; thence
southeasterly on Railway ROW to 300 feet
northerly of I-380; thence easterly 300 feet in
even width to Corporate Limits, thence
southerly along southerly Corporate Limits
the 300 feet southeasterly of I -380 ROW;
thence continuing southwesterly to intersec-
tion of Cedar Terrace Drive and Texas Street;
thence following Texas Street to East Shaulis
Road; thence from East Shaulis Road in 300
feet even width to Corporate Limits.
CHAPTER 24
“H-C” HIGHWAY 20
CORRIDOR OVERLAY
DISTRICT
[Ordinance 3970, 9/13/93]
10-24-1 GENERAL REGULATIONS.
A. Boundaries.
The “H-C” Highway 20 Corridor Overlay
District shall generally include all real proper-
ty adjacent to or in close proximity to U.S.
Highway 20. The actual boundaries are
shown on the official zoning map and legally
described as follows:
A parcel of land lying in the following
Sections: Section 11, Township 88, Range 13;
Section 10, Township 88, Range 13; Se ction 9,
Township 88, Range 13; Section 8, Township
88, Range 13; Section 7, Township 88, R ange
13; Section 6, Township 88, Range 13; Section
1, Township 88, Range 14; all in the city of
Waterloo, Black Hawk County, Iowa;
BEGINNING AT THE INTERSECTION
OF THE CENTERLINE OF HESS ROAD
AND THE SOUTHERLY RIGHT-OF-WAY
LINE OF U.S. HIGHWAY 20, THENCE
SOUTH 300 FEET, THENCE WESTERLY
ALONG A LINE 300 FEET NORMALLY
DISTANT OF THE SOUTHERLY RIGHT-OF-
WAY LINE OF U.S. HIGHWAY 20 TO THE
WESTERLY CORPORATE LIMITS, THENCE
NORTH TO A POINT 300 FEET NORTH OF
THE NORTHERLY RIGHT-OF-WAY LINE
OF U.S. HIGHWAY 20, THENCE EASTERLY
ALONG A LINE 300 FEET NORMALLY
DISTANT OF THE NORTHERLY RIGHT-
OF-WAY LINE OF U.S. HIGHWAY 20 TO
THE CENTERLINE OF HESS ROAD,
THENCE SOUTH TO THE POINT OF
BEGINNING.
B. Purpose and Intent.
The purpose and intent of this Chapter is
to establish a Highway Corridor Overlay Dis-
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110
trict for the orderly development of prope r-
ties located within the U.S. Highway 20 Co r-
ridor. The emphasis of the Highway Corr i-
dor Overlay District is to regulate the deve l-
opment within the Highway 20 Corridor in
order to promote the health, safety and wel-
fare of the citizens of Waterloo.
New structures, certain modifications to
existing structures that require building per-
mits and certain site improvements shall con-
form to this Chapter thereby achieving the
environmental goals of the Land Use Policy
Plan.
The provisions of this Chapter shall apply
in addition to any other zoning district regu-
lations and requirements in which the land
may be classified. In the case of conflict, the
most restrictive provisions shall govern, ex-
cept as otherwise expressly provided in this
Chapter.
C. Definitions.
The following definitions shall apply only
for the purposes of this Chapter.
1. Landscaped Area - An area not subject
to vehicular traffic, which consists of
living landscape material, decorative
rock, mulch, and similar material.
2. Vehicular Use Areas - All areas subject
to vehicular traffic including, but not
limited to, accessways, driveways,
loading areas, service areas, and park-
ing stalls for all types of vehicles. This
definition shall not apply to covered
parking structures or underground
parking lots.
3. Overstory Tree - A self-supporting
woody plant having at least one well-
defined stem or trunk and normally
attaining a mature height and spread
of at least 30 feet, and having a trunk
that may, at maturity, be kept clear of
leaves and branches at least eight feet
above grade.
4. Understory Tree - A self-supporting
woody plant having at least one well
defined stem or trunk and normally
attaining a mature height and spread
of less than 30 feet.
5. Shrub - A woody or perennial plant
with multiple stems.
6. Living Landscape - Low growing
woody or herbaceous groundcover,
turf, shrubs, and trees.
7. Screen - An area of planting which
provides an effective visual barrier.
For a single row the screen shall con-
sist of Spruce, Firs, or Pines spaced at
a maximum spacing of 15 feet or a
double staggered row of Spruce, Firs,
or Pine spaced at a maximum spacing
of 20 feet within each row; for Arbor
Vitae and Juniper the spacing shall be
a double staggered row with maxi-
mum spacing of 10 feet within each
row, or a single row with maximum
spacing of 6 feet.
8. Parking Strip - That portion of city
owned property between the curb
line, shoulder line or traveled portion
of the roadway or alley and the pri-
vate property line.
9. On-premise signs - A sign on the same
property as the activity it advertises.
10. Off-premise signs - A sign not entirely
on the same property as the activity it
advertises.
11. Strip Mall - A group of commercial
establishments with off street parking
on the property that are planned and
developed as an architectural unit and
are generally positioned in a row with
common walls.
12. Large sites - Sites with an area equal
to or greater than two acres.
13. Street yard setback area - The area lo-
cated between a line parallel and adja-
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111
cent to the structure and the street
right-of-way line.
D. Administrative Regulations.
The provisions of this Chapter shall con-
stitute the requirements for all zones that lie
within the boundaries of the Highway 20
Corridor Overlay District. This Chapter shall
apply to all “R-3” or less restrictive uses re-
quiring a building permit for new construc-
tion, a change in use or the following altera-
tion or enlargement for:
1. An addition of 10% or 1000 square
feet whichever is less; or
2. Sites being developed for the provi-
sion of parking as a primary use or for
any improvement which results in the
provision of or an increase in parking;
or
3. Additions, alterations or repairs to ex-
isting structures which result in a
change in the occupancy classification
under the currently adopted Building
Code. The City Planner may prorate
the requirements herein, based upon
the nature and extent of alterations
and additions. For projects as indica t-
ed above, no certificate of occupancy
or building permit shall be issued un-
less such development project is
found to be in conformance with this
Chapter.
EXPANSION OF EXISTING USES
For existing uses which will be ex-
panding, the following percent of total
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 (Sep-
tember 13, 1993):
The lesser of: Shall require:
10% - 20% addition 25% of Ordinance
or 100 square feet 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
E. Alternative Compliance.
The City Planner or a designated repre-
sentative shall be solely responsible for ad-
ministering this Chapter. In a case where a
plan does not comply with the provisions of
this Chapter, the City Planner or a designated
representative may approve the plan if the
following findings are made:
1. The proposed improvements will ful-
fill an individual and/or community
need and will not adversely affect the
goals of the Comprehensive Plan; and
2. The proposed improvements, because
of conditions that have been applied
to it, will not be detrimental to the
health, safety and general welfare of
persons residing or working in the ar-
ea and will not adversely affect other
property in the vicinity; and
3. The proposed improvements will
meet the purpose and intent of this
Chapter.
4. The proposed improvements will
meet all requirements of the underly-
ing Zoning District. If the proposed
improvements do not meet all re-
quirements of the underlying Zoning
District, approval of a Variance by the
Board of Adjustment is also required.
The Alternative Compliance provision
may be applied to large commercial and in-
dustrial projects or projects on difficult sites
that are unable to meet the requirements as
stated in this Section. In all cases, projects so
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112
approved must satisfy the findings described
above.
F. Landscape Requirements.
1. Submittal Procedures.
a. Submittals 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 supplemen-
tary information as required to
demonstrate conformance to the
landscape requirements. Any de-
viations from the approved land-
scape plan must receive approval
from the City Planner or his/her
designated representative prior to
installation.
b. The owner, by filing a landscape
application, grants the City or its
licensed and contracted agent the
right to enter upon the land for the
purposes of installing the required
landscaping, in the event that such
landscaping is not in place by the
date specified in the agreement, or
in the event that such landscaping
is not maintained as provided in
the agreement. If the City must
carry out the applicant’s landscap-
ing responsibilities, the cost shall
be assessed against the property.
2. Measured Compliance.
The following point schedule and
conditions apply to required land-
scaping in all zones and shall be used
in determining achieved points for re-
quired 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 40 points
1½ inch caliper or greater 30 points
1 inch caliper or greater 20 points
Shrubs
5 gallon or greater 10 points
2 gallon or greater 5 points
Conifers
10 foot height or greater 100 points
8 foot height or greater 90 points
6 foot height or greater 80 points
5 foot height or greater 40 points
4 foot height or greater 30 points
3 foot height or greater 20 points
3. Minimum Requirements for Desig-
nated Zones.
a. “R” Zones - The minimum re-
quired landscape area shall be 45
percent of the lot exclusive of
buildings. The yard shall be
planted with a combination of
trees and shrubs to achieve a min-
imum of.05 points per square foot
of the landscaped area.
b. “C” and “M” Zones - The mini-
mum required landscape area
shall be 25 percent of the total lot
area. The landscape area shall be
planted with a combination of
trees and shrubs to achieve a min-
imum of .04 points per square foot
of total lot area.
4. Additional Landscaping Require-
ments.
The following additional landscaping
requirements apply to all zones:
a. Vehicular Use Areas.
i. For vehicular use areas larger
than four (4) spaces, an area
equivalent to a minimum of
five percent (5%) of the total
vehicular use area shall be
landscaped. The required
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113
landscape area shall be located
within the vehicular use area.
ii. There shall be .04 points per
square foot of vehicular use
area. The points shall be dis-
tributed throughout the vehic-
ular use area and within five
feet (5') of the perimeter. The
intent is to position the plant-
ings to enhance the overall ap-
pearance of the site.
iii. There shall be sufficient barri-
ers to protect all landscaped
areas from vehicular damage.
iv. Wherever a parking area is lo-
cated adjacent to City right-of-
way, the parking area shall be
separated from the parking
strip by a landscaped area(s) of
a width no less than eight (8)
feet measured perpendicular
to the curb.
v. The vehicular use area must
terminate at least five feet from
any exterior building wall.
Exceptions may be made
where it is necessary to cross
the non-vehicular use area to
gain access to the building(s)
and for drive up facilities such
as banks and restaurants and
for other difficult sites as de-
termined by the City Planner
or designee.
vi. All trees in the interior of the
vehicular use area shall be two
inch (2") caliper or greater
measured six inches (6") above
grade at the time of planting.
vii. Areas less than 40 square feet
in size or having an average
dimension of less than three
feet, shall not be included for
purposes of calculating the re-
quired landscape area in the
vehicular use area.
b. Street Tree Planting. A mini-
mum of 1.5 points per linear foot
of street frontage must be
achieved in the City parking strip.
This point requirement shall be
met through the provision of trees,
and planting shall comply with
the Vegetation Ordinance as set
forth in Section 7-5-3 of the Code
of Ordinances, as amended. [Ordi-
nance 5288, 06/15/15] If circum-
stances do not allow planting on
the city parking, street tree points
shall be placed in the street yard
setback area.
c. 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, re-
moval of litter, pruning, mowing
of lawns, adequate watering for all
growing plant life, and also weed-
ing in accordance with the Tree
and Shrub Care Guidelines as set
forth by the Waterloo Park Com-
mission. The owner shall also be
responsible for any replacement,
as necessary, in order to preserve
the landscaping plan as approved
by this Section. The responsibility
to maintain the landscaping shall
include the parking strip located
between the private property line
and the public street or highway,
directly adjacent to the owners
property. An installation and
maintenance of landscaping and
right to enter agreement shall be
signed prior to a building permit
being issued, unless otherwise
provided by the City Planner.
d. Residential Development. For
residential development in other
than residential zones, the residen-
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114
tial requirements of this Section
shall apply.
e. Point Distribution. A minimum
of 65 percent of all required points
shall be achieved through tree
plantings. A minimum of 10 per-
cent of all required points shall be
achieved through living landscape
other than trees.
f. Reduction of Landscaped Area.
A point score in excess of that re-
quired may be used to reduce the
required landscaped area at a rate
of one square foot per excess point
up to a maximum reduction of 25
percent.
g. Screening. For any use that is
abutting Highway 20 but is not
oriented toward Highway 20, a
screen shall be installed along the
lot line abutting the highway.
There will be no individual tree
points given for this screen. The
screen will receive 3 points per
linear foot if the trees are greater
than 6 feet in height at the time of
planting. The screen will receive 1
point per linear foot if the trees are
greater than 4 feet in height at the
time of planting. In no case shall
the trees be less than 4 feet at the
time of planting. Exceptions to
this requirement may be granted
by the City Planner if it is deter-
mined that adequate design con-
sideration has been given to all
aspects of the site that are visible
from Highway 20.
G. Sign Regulations.
GENERAL PROHIBITION: No person
shall develop, install, locate, or construct any
sign requiring a permit within the Highway
20 Overlay District in the city of Waterloo ex-
cept as expressly authorized in this Section.
The provisions of this Section shall apply in
addition to any other Zoning District in
which land may be classified and that such
lands may be used as permitted by such other
districts. In the case of conflict, the most re-
strictive provisions shall govern except as
otherwise expressly provided in this Section.
1. Permitted Signs.
a. On-premise Signs.
i. In residential and “A-1” dis-
tricts, only those signs permit-
ted in the underlying districts
shall be allowed.
ii. Commercial “C-1” and
“C-1/C-Z”
(a) Post Signs. One post sign
per property, not to exceed
40 square feet on each face
and not to exceed 20 feet in
height. If more than two
faces are used the area of
each side shall be reduced
proportionately.
(b) Wall Signs. Wall signs
shall not exceed two (2)
square feet in area for eve-
ry linear foot of wall dis-
playing such sign. Wall
signs shall be mounted flat
against the building. For
the purpose of this Chap-
ter, signs painted on awn-
ings and signs mounted on
mansards shall be consid-
ered as wall signs.
(c) Directional Signs. Each
use shall also be allowed
directional signs as neces-
sary to facilitate the order-
ly flow of traffic with a
maximum area of 6 square
feet each. A logo is permit-
ted on the directional
signs, but shall not exceed
two (2) square feet. These
signs are for directional,
not advertising purposes.
CHAPTER 24
“H-C” HIGHWAY 20 CORRIDOR OVERLAY DISTRICT 10-24-1 GENERAL REGULATIONS.
115
The square footage of di-
rectional signs shall not be
included in the calculation
of the allowable square
footage or location of other
signage.
(d) Menu Signs. Single sided
menu signs shall be al-
lowed with no advertise-
ment on the back of the
sign. Each sign shall have a
maximum area of sixty (60)
square feet and shall not
include a speaker if facing
an abutting residential dis-
trict or residential use. The
square footage of menu
signs shall not be included
in the calculation of the al-
lowable square footage or
location of other signage.
iii. Commercial “C-2” and All
Other Zoning Classifications
(a) Post signs. One (1) post
sign per property, not to
exceed 40 feet in height
with an area not to exceed
the smaller of the follow-
ing:
(1) Two (2) square feet for
each foot of street
frontage.
(2) 250 square feet.
If more than two (2) faces
are used, the area of each
side shall be reduced pro-
portionately.
For large sites one (1) addi-
tional post sign may be al-
lowed under the following
conditions:
(1) The property has at
least one hundred fifty
feet (150') of continu-
ous street frontage.
(2) The additional post
sign shall not be locat-
ed closer than one
hundred fifty feet (150')
to any other post sign
on the same property.
(3) The maximum com-
bined area for both
signs shall not exceed
the maximum allowed
area for a single post
sign in that zone.
Strip malls and multiple
businesses with the land
under common ownership
that share common park-
ing, access or structures
shall be treated as a single
property for the purposes
of this Section.
For strip malls and multi-
ple businesses with the
land under diverse owner-
ship that share common
parking, access or struc-
tures, there shall be al-
lowed one (1) post sign per
use if the following condi-
tions are met:
(1) The additional post
sign shall not be locat-
ed closer than one
hundred fifty feet (150')
to any other post sign.
(2) The maximum com-
bined area for all signs
on the site shall not ex-
ceed the maximum al-
lowed area for a single
post sign in that zone.
(3) A sign plan showing
the square footage of
signage for each parcel
shall be submitted by
the developer and/or
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116
landowners for the en-
tire site prior to a sign
permit being issued.
(b) Wall Signs. Wall signs
shall not exceed 10% of the
wall area; in no case shall
the wall signs exceed 10%
of the first 15 vertical feet
of wall area. The length of
a wall sign shall not exceed
2/3 of the building wall
length. Wall signs shall be
mounted flat against the
building. For the purpose
of this Chapter, signs
painted on awnings and
signs mounted on man-
sards shall be considered
as wall signs. Required di-
rectional wall signs may be
exempted from this Section
upon approval of the City
Planner or his/her desig-
nated representative.
(c) Directional Signs. Each
use shall also be allowed
directional signs as neces-
sary to facilitate the order-
ly flow of traffic with a
maximum area of 6 square
feet each. A logo or busi-
ness name is permitted on
the directional signs, but
shall not exceed two (2)
square feet. These signs
are for directional, not ad-
vertising purposes. The
square footage of direc-
tional signs shall not be in-
cluded in the calculation of
the allowable square foot-
age or location of other
signage.
(d) Menu Signs. Single sided
menu sign shall be allowed
with no advertisement on
the back of the sign. Each
sign shall have a maximum
area of sixty (60) square
feet and shall not include a
speaker if facing an abut-
ting residential district or
residential use. The square
footage of menu signs shall
not be included in the cal-
culation of the allowable
square footage or location
of other signage.
(e) Roof Signs. Roof signs
shall be allowed in place of
the wall sign only when
both of the following con-
ditions are met:
(1) Insufficient area for a
wall sign;
(2) The building has a
pitched roof and the
roof sign does not pro-
ject higher than the
peak of the roof.
b. Off-Premise Signs. Off-premise
signs shall not be allowed in the
overlay district.
2. Additional Sign Regulations.
Sign permits shall expire six (6)
months after the date of issuance.
When a business ceases operation, the
on-premise signage shall be removed
by the owner according to the follow-
ing schedule: Sign or sign cabinet—
within 180 days, supporting struc-
ture—within 1 year.
When off-premise advertising is bare
or in disrepair for a period of 90 days,
it shall be removed. If it is bare or in
disrepair for a period of one (1) year
the structure shall be removed.
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117
3. Prohibited Signs.
The following signs are not consid-
ered appropriate within the overlay
district and shall not be permitted:
Portable signs
Off-premise signs located on bus
benches
Signs painted directly on buildings
Off-premise roof signs
H. Screening/Fencing.
1. Any area used for the outside storage
of certain materials as hereinafter de-
scribed, shall be screened with a land-
scaped screen or an approved fencing
alternative to provide a visual barrier.
It is the intent to use landscaped
screens whenever possible, and a
fencing alternative is to be used only
in cases where there is insufficient ar-
ea or other obstacles which preclude
the use of the landscaped screen.
The materials subject to this require-
ment include, but are not limited to
the following:
used tires
scrap metal
building materials and supplies
sign materials
concrete forms
used sign panels
junk or salvage vehicles
inoperable vehicles
partially scrapped vehicles
vehicles waiting for repair for more
than 30 days
salvage or inoperable appliances
all similar materials
2. For any area used for the outside sto r-
age of items listed above, where a
fence alternative is used, the fence
shall be set back from property lines
adjacent to public right-of-way a dis-
tance equal to the required building
setback of the underlying Zoning Dis-
trict.
The setback area shall be planted with
a combination of trees and shrubs to
provide a minimum of 1.5 points per
linear foot of street frontage in addi-
tion to the 1.5 points per linear foot of
street frontage required in 10-24-1
(F)(4)(b).
3. If the fencing alternative is utilized, all
fencing shall be constructed of new
materials which provide a uniform
appearance and shall be built to meet
or exceed the currently adopted Build-
ing Code. Acceptable fencing materi-
als include but are not limited to:
a. Solid Wood
b. Solid Metal
A 50% reduction in required points on
the exterior of the fence will be grant-
ed for fencing that is constructed from
the following materials:
a. Stone or brick
b. Concrete with approved design
characteristics
c. Chain link with a hedge that sub-
stantially obscures the fence and
which will provide a solid appear-
ance within three (3) years of
planting.
I. Setback Requirements.
1. To achieve the goals of this Section,
the setback requirement shall be fifty
feet (50') for all structures abutting
Highway 20. This setback area shall
be used for open space only, except
that parking shall be allowed to begin
twenty-five feet (25') from the proper-
ty line.
2. The setback requirements shall apply
to new construction. Existing struc-
tures that are not in compliance with
this Section and wish to expand shall
not increase the non-conformity. Any
proposed expansion of an existing
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118
non-conforming structure between the
existing building line and the required
set back line otherwise required in the
underlying Zoning District shall be al-
lowed only upon approval of a Var i-
ance by the Board of Adjustment.
3. For properties which are located in
“C-1” and less restrictive zones and
are affected by these setback require-
ments, the required rear yard setback
shall be reduced by one (1) foot for
each foot the front yard setback is in-
creased beyond that which is required
in the underlying zone; provided the
property does not adjoin a residential
zone. In no case shall the rear yard be
reduced to less than ten (10) feet.
J. Use Restrictions.
No new junk yards, salvage yards, recy-
cling yards, or construction storage yards
shall be allowed in the “H-C” Highway 20
Corridor Overlay district. Expansion of said
uses shall be allowed only through the ap-
proval of the Board of Adjustment process to
expand a legal non-conforming use.
CHAPTER 24A
ALCOHOL SALES USE
OVERLAY DISTRICTS
10-24A-1 GENERAL REGULATIONS.
A. Boundaries.
The Alcohol Sales Use Overlay Districts
are four districts, the boundaries of which are
shown on the official zoning map and legally
described in Attachment “A” to this Section.
Such districts are referred to as the Broadway
Avenue district, Logan Avenue district, E. 4th
Street district, and Church Row Neighbor-
hood district.
B. Purpose and Intent.
The purpose and intent of this Chapter is
to establish Alcohol Sales Use Overlay Dis-
tricts to avoid undue concentration of certain
alcohol uses in designated areas already
populated by significant numbers of alcohol
sales uses, to mitigate the secondary effects of
certain alcohol sales uses, to preserve and
protect neighborhoods from deterioration
and loss of property value due to incompat i-
ble uses, and otherwise to promote the gen-
eral purposes of the zoning ordinance.
The provisions of this Chapter shall apply
in addition to any other zoning district regu-
lations and requirements in which the land
may be classified. In the case of conflict, the
most restrictive provisions shall govern, ex-
cept as otherwise expressly provided in this
Chapter.
C. Administrative Regulations.
The provisions of this Chapter shall con-
stitute the requirements for all zones that lie
within the boundaries of any of the Alcohol
Sales Use Overlay Districts.
D. Use Restrictions.
No new alcohol sales uses shall be estab-
lished in an Alcohol Sales Use Overlay Dis-
trict, other than (1) incidental alcohol sales
uses, (2) a limited alcohol sales use (on-
premise consumption) that is a restaurant, or
(3) a limited alcohol sales use (off-premises
consumption) that is (a) a grocery store in
which the retail floor space in the building
equals or exceeds 15,000 square feet or (b) a
pharmacy. Expansion of alcohol sales uses
other than those specifically identified above
in this paragraph shall be allowed only
through approval by the Board of Adjus t-
ment process to expand a legal non-
conforming use. [Ordinance 5465, 9/4/18]
ATTACHMENT “A”
Broadway Avenue Overlay District
Beginning at the intersection of the center-
lines of W. Parker Street and Fairview Ave-
CHAPTER 24A
ALCOHOL SALES USE OVERLAY DISTRICTS 10-24A-1 GENERAL REGULATIONS.
119
nue; thence South along the centerline of
Fairview Avenue and an extension of the cen-
terline of Fairview Avenue to its intersection
with the Northeasterly line of the Cedar Riv-
er; thence Southeasterly along the Northeas t-
erly line of the Cedar River to its intersection
with the centerline of E. Third Street; thence
Northeasterly along the centerline of E. Third
Street to its intersection with the centerline of
Franklin Street; thence Northwesterly along
the centerline of Franklin Street to its interse c-
tion with the centerline of Oak Avenue;
thence North along the centerline of Oak Av-
enue to its intersection with the centerline of
Utica Street; thence Northeasterly along the
centerline of Utica Street to its intersection
with the centerline of Lincoln Street; thence
Northwesterly and Northerly along the cen-
terline of Lincoln Street to its intersection
with the centerline of Bratnober Street; thence
West along the centerline of Bratnober Street
to its intersection with the centerline of Co-
lumbia Street; thence North along the cente r-
line of Columbia Street to its intersection with
the centerline of the Canadian and National
Railroad; thence Northwesterly a long the cen-
terline of the Canadian and National Railroad
to its intersection with the centerline of
Ackermant Street; thence North along the
centerline of Ackermant Street to its interse c-
tion with the centerline of W. Parker Street;
thence West along the centerline of W. Parker
Street to its intersection with the centerline of
Fairview Avenue and the point of beginning.
Logan Avenue Overlay District
Beginning at the intersection of the center-
lines of Franklin Street and E. Mullan Ave-
nue; thence Northwesterly along the center-
line of Franklin Street to its intersection with
the centerline of Oak Avenue; thence North
along the centerline of Oak Avenue to its in-
tersection with the centerline of Utica Street;
thence Northeasterly along the cente rline of
Utica Street to its intersection with the center-
line of the former Illinois Central Railroad
Beltline (abandoned); thence Northerly along
the centerline of the former Illinois Central
Railroad Beltline (abandoned) to its interse c-
tion with the centerline of the Canadian and
National Railroad (formerly Illinois Central
Railroad); thence Southeasterly along the cen-
terline of the Canadian and National Railroad
to its intersection with the centerline of E.
Mullan Avenue (also known as U.S. Highway
63); thence Southerly and Southwesterly
along the centerline of E. Mullan Avenue to
its intersection with the centerline of Franklin
Street and the point of beginning.
E. 4th Street Overlay District
Beginning at the intersection of the center-
lines of Franklin Street and E. Second Street;
thence Northeasterly along the centerline of
E. Second Street to its intersection with the
centerline of Walnut Street; thence North-
westerly along the centerline of Walnut Street
to its intersection with the centerline of Pine
Street; thence East along the centerline of Pine
Street to its intersection with the centerline of
Iowa Street; thence North along the centerline
of Iowa Street to its intersection with the cen-
terline of Dane Street; thence West along the
centerline of Dane Street to its intersection
with the Centerline of E. Mullan Avenue (also
known as U.S. Highway 63); thence North
along the centerline of E. Mullan Avenue to
its intersection with the centerline of the
Webster Street right-of-way; thence East
along the centerline of the Webster Street
right-of-way and the centerline of Webster
Street to its intersection with the centerline of
Ankeny Street; thence North along the cente r-
line of Ankeny Street to its intersection with
the centerline of Ricker Street; thence East
along the centerline of Ricker Street to its in-
tersection with the centerline of Linn Street;
thence South along the centerline of Linn
Street to its intersection with a line drawn be-
tween the Southeasterly corner of Lot 4, Block
7, Hammond and Hopkins Addition and the
Southwesterly corner of Lot 7, Block 6,
Hammond and Hopkins Addition; thence
Westerly in a straight line to the intersection
of the centerlines of E. Fourth Street and Dane
Street; thence South along the centerline of E.
CHAPTER 25
VEHICULAR USE, PARKING AND LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND FILLING STATIONS.
10-25-1 OFF-STREET LOADING SPACES REQUIRED.
120
Fourth Street to its intersection with the cen-
terline of Walnut Street; thence Southeasterly
along the centerline of Walnut Street to its
intersection with the centerline of the Union
Pacific Railroad; thence Southwesterly along
the centerline of the Union Pacific Railroad to
its intersection with the centerline of Franklin
Street; thence Northwesterly along the cente r-
line of Franklin Street to its intersection with
the centerline of E. Second Street and the
point of beginning.
Church Row Neighborhood Overlay District
Beginning at the intersection of the center-
lines of South Street and W. Mullan Avenue;
thence Northeasterly along the centerline of
South Street to its intersection with the cen-
terline of Washington Street; thence South-
easterly along the centerline of Washington
Street to its intersection with the centerline of
W. Sixth Street; thence Southwesterly along
the centerline of W. Sixth Street to its interse c-
tion with the centerline of Randolph Street;
thence Southwesterly in a straight line to the
intersection of the centerlines of W. Sixth
Street and Wellington Street; thence continu-
ing Southwesterly along the centerline of W.
Sixth Street to its first intersection with Grant
Avenue; thence continuing Southwesterly
along the centerline of W. Sixth Street to its
second intersection with Grant Avenue;
thence Northwesterly along the centerline of
Grant Avenue to its third intersection with W.
Sixth Street; thence Southwesterly along the
centerline of W. Sixth Street to its intersection
with Allen Street; thence Northwesterly along
the centerline of Allen Street to its intersec-
tion with the centerline of W. Fifth Street;
thence Southwesterly along the centerline of
W. Fifth Street to its intersection with the cen-
terline of Baltimore Street; thence Southeas t-
erly and Southerly along the centerline of Bal-
timore Street to its intersection with the cen-
terline of Pleasant Street; thence West along
the centerline of Pleasant Street to its interse c-
tion with the centerline of W. Fifth Street;
thence Southwesterly along the centerline of
W. Fifth Street to its intersection with the cen-
terline of Bayard Street; thence South along
the centerline of Bayard Street to its interse c-
tion with the centerline of Williston Avenue;
thence West along the centerline of Williston
Avenue to its intersection with the centerline
of Kimball Avenue; thence North along the
centerline of Kimball Avenue to its intersec-
tion with the centerline of Reber Avenue;
thence East along the centerline of Reber Av-
enue to its intersection with the centerline of
Sullivan Avenue; thence North along the cen-
terline of Sullivan Avenue to its intersection
with the centerline of W. Second Street;
thence Northeasterly along the centerline of
W. Second Street to its intersection with the
centerline of South Street; thence Northwest-
erly along the centerline of South Street to its
intersection with the centerline of W. Mullan
Avenue and the point of beginning. And al-
so, beginning at the intersection of the cente r-
lines of Williston Avenue and Kimball Ave-
nue; thence Southerly along the centerline of
Kimball Avenue to its intersection with the
centerline of Carolina Avenue; thence Easter-
ly along the centerline of Carolina Avenue to
its intersection with the centerline of Vermont
Street; thence Northerly along the centerline
of Vermont Street to its intersection with the
centerline of Williston Avenue; thence West-
erly along the centerline of Williston Avenue
to its intersection with the centerline of Kim-
ball Avenue and the Point of Beginning.
CHAPTER 25
VEHICULAR USE, PARKING
AND LOADING AREAS,
PUBLIC GARAGES, PARKING
LOTS AND FILLING
STATIONS.
10-25-1 OFF-STREET LOADING SPACES
REQUIRED.
[Ordinance 4634, 8/11/03]
CHAPTER 25
VEHICULAR USE, PARKING AND LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND FILLING STATIONS.
10-25-2 OFF-STREET PARKING AREA REQUIRED.
121
A. Regulations.
In any district, except the "C-3" Central
Business District, in connection with every
building or part thereof hereafter erected,
having a gross floor area of ten thousand
(10,000) square feet or more, which is to be
occupied by manufacturing, storage, ware-
house, goods display, retail store, wholesale
store, market, hotel, hospital, mortuary,
laundry, dry cleaning or other uses similarly
requiring the receipt or distribution by vehi-
cles of material or merchandise, there shall be
provided and maintained on the same lot
with such building, at least one (1) off-street
loading space plus one (1) additional such
loading space for every twenty thousand
(20,000) square feet or major fraction thereof
of gross floor area so used in excess of ten
thousand (10,000) square feet.
1. Each loading space shall be not less
than ten (10) feet in width, twenty-five
(25) feet in length.
2. Such space may occupy all or any part
of required yard or court space or as
specifically provided in the district in
which it is located.
10-25-2 OFF-STREET PARKING AREA
REQUIRED.
A. Scope of Regulations.
[Ordinance 3050, 10/1/79]
[Ordinance 4634, 8/11/03]
In all districts, except the "C-3" Cen-
tral Business District, "S-1" Shopping
Center, "M-2,P" Planned Industrial
District, “C-P” Planned Commercial
District, “B-P” Business Park District,
and "R-P" Planned Residence District
in connection with every industrial,
commercial, business trade, institu-
tional, recreational, or dwelling use,
and similar uses, space for parking
and storage of vehicles shall be pro-
vided in accordance with the regula-
tions of this Section and subject to any
restrictions contained elsewhere in
this Ordinance for the district in
which such facilities are located.
1. In the "C-3" District, for the pur-
pose of minimizing disruptive
curb-cuts and driveways and to
encourage the consolidation of
parking space in appropriate loca-
tions, accessory off-street parking
is not required.
2. For parking facilities located in "S-
1" Shopping Center, "M-2,P"
Planned Industrial, “C-P” Planned
Commercial, “B-P” Business Park,
and "R-P" Planned Residence Dis-
tricts, the schedules set forth in
this Section shall generally be the
maximum. The actual parking re-
quirements shall be determined
during the review of the site plan
by the Commission in view of the
flexibility of the guidelines for
these particular districts.
B. General Requirements.
[Ordinance 3050, 10/1/79]
[Ordinance 3335, 4/23/84]
[Ordinance 4634, 8/11/03]
1. When the intensity of use of any
building, structure, or premises shall
be increased through the addition of
dwelling units, gross floor area, seat-
ing capacity, or other units of meas-
urement specified herein or if the use
changes to a use that requires addi-
tional parking facilities, parking and
loading facilities as required herein
shall be provided for such increase in
intensity of use and for any existing
deficiency in parking or loading facili-
ties.
For uses in existence as of the date of
non-conformity, a similar use may oc-
cupy the building without providing
additional parking.
CHAPTER 25
VEHICULAR USE, PARKING AND LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND FILLING STATIONS.
10-25-2 OFF-STREET PARKING AREA REQUIRED.
122
2. All parking spaces required by this
Ordinance must be provided on the
same lot and zoning classification as
the use in question or, if applicable, in
the adjacent less restrictive zoning
classification, except in the case of
owners of property that are non -
conforming as to parking require-
ments as of the date of non-
conformity. In such a case, the owner
may provide additional parking as
long as it is within the 200 feet of the
lot for the use in question, subject to
the approval of the Board of Adjus t-
ment.
3. Off-street parking spaces, including
the adjacent area used for turning
movements necessary to enter or
leave the parking spaces, may be lo-
cated in any yard except the required
front yard setback area stated in the
Bulk Regulations in an Agriculture
District or a Residence District, except
one and two family dwellings and ex-
cept multi-family row dwellings meet-
ing the requirements of 10-25-2(B)(18),
and unless otherwise specifically re-
stricted by this Ordinance. [Ordinance
5288, 06/15/15] New vehicular use ar-
eas shall be allowed to match the se t-
back, including being built in required
front yard setback areas, if adjacent
property on the same side of the street
and within the same block (or 300’
distance in absence of block develop-
ment) is located within said areas.
4. Off-street parking facilities for sepa-
rate uses may be provided collectively
if the total number of spaces so pro-
vided is not less than the sum of the
separate requirements governing loca-
tion of accessory parking spaces in re-
lation to the use served and adhered
to. No parking space or portion
thereof shall serve as a required space
for more than one use unless the use
is associated with a multi-use building
and approved by the Board of A d-
justment after recommendation by the
Planning Department.
5. In cases where parking facilities are
permitted on land other than the lot
on which the building or use served is
located, such facilities shall be in the
same possession as the lot occupied
by the building or use to which the
parking facilities are accessory. Such
possession may be either by deed or
long term lease, the term of which is
to be determined by the Board of Ad-
justment, and such deed or lease shall
be filed with the Recorder of Deeds of
Black Hawk County. The deed or
lease shall require such owner or his
or her heirs and assigns to maintain
the required number of parking facili-
ties for the duration of the use served
or of the deed or lease, whichever
shall terminate sooner.
6. No part of any vehicular use area or
parking space shall be closer than five
(5) feet to any established street right-
of-way, alley (except when the alley
abutting the parking is paved as ap-
proved by the City Engineer), or lot
line. This shall allow for a reasonably
designed entryway for the access from
the property line, but shall not allow
for a lengthy access drive closer than
the required setback. In case two (2) or
more permitted parking areas of dif-
ferent ownership or use abut, the five
(5) foot setback shall not be required
along those portions that abut if cross-
traffic access between the parking are-
as is provided. This requirement does
not apply to one and two family
dwelling units.
7. It is desirable that all parking areas be
aesthetically improved to reduce ob-
trusive characteristics such as those
inherent to their uses. Whenever
practical, such parking areas shall be
effectively screened from general pub-
CHAPTER 25
VEHICULAR USE, PARKING AND LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND FILLING STATIONS.
10-25-2 OFF-STREET PARKING AREA REQUIRED.
123
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
required parking stalls where access
to a stall requires driving over any
portion of another required stall is
prohibited, except for one and two
family dwellings. [Ordinance 5648,
6/20/22] The minimum driveway
width between two rows of parking
stalls shall be fifteen (15) feet for 45
degree angled parking, nineteen (19)
feet for 60 degree 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 between two rows of park-
ing stalls shall be fifteen (15) feet for
one-way access and twenty (20) feet
for two-way access.
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
CHAPTER 25
VEHICULAR USE, PARKING AND LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND FILLING STATIONS.
10-25-2 OFF-STREET PARKING AREA REQUIRED.
124
if the screen is installed on the oppo-
site side of the alley with agreement of
the property owner(s).
12. Lighting: Any lighting used to illu-
minate any off-street parking area or
any area(s) used for non-residential
purposes shall be so arranged as to r e-
flect the light away from adjoining
residential premises. [Ordinance
3442,6/16/86]
13. Parking Space: The minimum size of
a parking stall shall be nine (9) feet by
eighteen (18) feet, or one hundred and
sixty two (162) square feet, excluding
the area necessary for access and ma-
neuvering. When calculating the
number of spaces required under this
Ordinance, a fractional space shall re-
quire an additional space.
14. Site Plan: Any application for a build-
ing permit or for an occupancy certifi-
cate where no building permit is re-
quired, shall include a site plan,
drawn to scale, and fully dimensioned
showing any off-street parking or
loading facilities, points of access to be
provided, and an adequate number of
handicap parking spaces.
15. Floor Area: In calculating the floor
area as it applies to these regulations
all multiple stories including base-
ments used as a part of the use in
question, or all leasable area designed
for tenant occupancy, shall be added
together to get a total floor area. Are-
as used only for mechanical, ware-
house, storage, or other similar uses
may be excluded. Also areas to be
used for seasonal display or garden
areas may be excluded. The property
owner must provide documentation
of the use of all areas to be excluded
from the floor area calculation. A
change in use to a non-excluded use
will require the area to be included in
the floor area calculation for determi-
nation on the number of parking
spaces required.
16. Parking Lot Expansion Surfacing:
Any expansion of an existing parking
lot must be properly graded, drained
and hard surfaced as per Section 10-
25-2(D), Off-Street Parking Area Re-
quired. This includes expansions of
existing parking lots that are not hard
surfaced. This does not mean that the
existing gravel lot or lots must be
properly drained or hard-surfaced,
just the parking expansion area.
17. Existing Parking Lot, New Surfacing:
Any existing parking lot that is being
surfaced for the first time or recon-
structed must be properly graded,
drained and hard surfaced as per Sec-
tion 10-25-2(D), Off-Street Parking Ar-
ea Required. [Ordinance 3947, 6/7/93]
18. Multi-family row dwellings: Multi-
family row dwellings with individual
driveways providing parking spac-
es(s) in the required front yard set-
back area and designed to permit the
entrance or exit by backward move-
ment of vehicles onto or off of a public
street shall be permitted when the
portion of said multi-family row
dwelling that abuts the end of the
driveway is set back at least forty (40)
feet from the public street or streets
that the driveways connect to. This
provision shall apply to multi-family
row dwellings built on individual lots
with zero lot line development be-
tween interior units, or multi-family
row dwellings built as condos with
individual ownership of each building
unit but common ownership of the
land. However, this provision shall
only apply when individual units oc-
cupy the full height and depth of the
building and will not apply to stacked
units, with individual units occupying
different floors or different portions of
the depth of the same floor (i.e., front
CHAPTER 25
VEHICULAR USE, PARKING AND LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND FILLING STATIONS.
10-25-2 OFF-STREET PARKING AREA REQUIRED.
125
and back units). [Ordinance 5288,
06/15/15]
19. Parking Availability: The minimum
parking spaces required by this Se c-
tion shall be available for their intend-
ed use, including employees and cus-
tomers of the use, and no such re-
quired parking spaces shall be ob-
structed with items such as, but not
limited to, sales or repair vehicles,
seasonal or permanent displays,
equipment, etc., however the City
Planner or representative shall have
the authority to consider isle parking
in front of such sales or repair vehi-
cles, seasonal or permanent displays
or equipment if there is sufficient
space without blocking traffic flow.
[Ordinance 5288, 06/15/15]
C. Design and Maintenance.
[Ordinance 3947, 6/7/93]
[Ordinance 4634, 8/11/03]
1. Plan: Except for single and two fami-
ly residential uses, the construction
plans for the design of parking lots
shall be subject to the approval of the
City Engineer. The design shall show:
the use the parking lot is serving, set
back from all property lines, stall and
aisle layout with dimensions, handi-
capped stalls, pedestrian movement
considerations, driveway locations
with dimensions, existing ground ele-
vations, proposed ground elevations,
storm sewer system and storm water
detention plan(s) with calculations,
surfacing material and thickness. The
design plan must also comply with
other provisions of this Section and
the landscaping requirements. [Ordi-
nance 3947, 6/7/93]
2. Surfacing and access: All off-street
vehicular use and parking areas, ex-
cept for those uses listed in Subsection
4 below, shall be surfaced with a min-
imum of a four-inch Hot Mix Asphalt
(HMA) on a six-inch rock base or five
inches of Portland Cement Concrete
(PCC), or other pavement design ap-
proved by the City Engineer as long
as it is similar to HMA or PCC. Rock
treated with oil or emulsion, an oil or
emulsion treated surface, or seal coat
shall not be approved. This shall in-
clude any and all access to the site.
[Ordinance 3947, 6/7/93]
Vehicular access from street to right-
of-way line or within an alley shall be
constructed to the requirements of the
City of Waterloo Driveway and Side-
walk Specifications. Furthermore, no
access shall be allowed off the end of a
dead-end street without proper exten-
sion and turn-around or cul de sac
improvements. Existing access off the
end of a dead-end street shall not be
widened, improved or used as an ac-
cess for an increased number of Prin-
cipal Permitted Uses without proper
extension and turn-around or cul de
sac improvements.
For temporary construction access
and/or sites with an approved phased
development plan, all such entrances
shall be approved by the City Engi-
neer and only allowable while actual
construction is in progress. Actual
construction shall be defined as a val-
id building permit in place and con-
struction progress being made on an
ongoing basis as determined by the
Building Official.
If a permit is not necessary for the
type of work, a timeline must be sub-
mitted by the property owner(s) re-
questing a temporary access – as a
parking lot is not a Principal Permit-
ted Use by itself in many zoning dis-
tricts. If any timeline is to extend be-
yond a single construction season or
one year, whichever is longer, ap-
proval must be granted by the Board
of Adjustment.
CHAPTER 25
VEHICULAR USE, PARKING AND LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND FILLING STATIONS.
10-25-2 OFF-STREET PARKING AREA REQUIRED.
126
In granting such temporary accesses,
the City Engineer shall evaluate each
site to allow the best temporary access
for the community. Such criteria shall
include: traffic, impact upon existing
development and neighborhoods,
sight distances, impact on street con-
ditions, pavement thickness and d e-
sign, and any other criteria deemed
necessary to properly evaluate such
an access decision.
Any temporary access for construc-
tion sites and/or phased plans as of
the date of non-conformity shall be
continued as long as actual construc-
tion is in progress, as defined above.
Any stop in actual construction or in
between phases of development shall
be cause for the access to be removed
and reapplied for from the City Eng i-
neer. The use of more than one te m-
porary access shall be at the discretion
of the City Engineer, based on the cri-
teria stated in this paragraph above.
Furthermore, the extension of any ex-
isting temporary access beyond a sin-
gle construction season or one year,
whichever is longer, shall require ap-
proval by the Board of Adjustment.
All temporary accesses shall be con-
structed and maintained to be dust-
free.
3. Drainage and detention: All vehicu-
lar use and off-street parking areas
shall be graded and drained to dis-
pose of surface water accumulation in
a manner approved by the City Eng i-
neer and in accordance with the City's
Stormwater Ordinances. [Ordinance
3947, 6/7/93] [Ordinance 5288, 06/15/15]
All detention areas located within the
area between the building and street
right-of-way line shall be designed to
allow for maintenance in a mow-able,
green space, or decorative retaining
block type design. The use of riprap
or similar materials shall be minimal
in this area, used sparingly as neces-
sary for the functioning of the drain-
age and detention plan.
4. Exceptions to hard surfacing: Off-
street parking areas and vehicular use
areas for the following uses shall not
be required to be hard surfaced as
provided in Subsection 2 above:
a. Off-street parking areas and ve-
hicular use areas in other than the
front yard of any single family or
two family residence. After July 1,
2015 no single family or two fami-
ly dwelling shall be constructed or
moved onto a property without a
properly hard surfaced driveway
and off-street parking areas when
located in the front yard, and no
existing one or two family dwell-
ing shall add or reconstruct a
driveway or off-street parking ar-
ea when located in the front yard
without proper hard surfacing.
No existing dwelling (single or
other) shall be converted to add
additional units without all re-
quired off-street parking and ve-
hicular use areas being properly
hard surfaced. [Ordinance 5288,
06/15/15]
b. Any Principal Permitted Use in an
“A-1” Agricultural District or for
an agricultural use in other than
the “A-1” District
c. Temporary accesses in compliance
with Subsection 2 above
d. Access to a wireless communica-
tions tower
D. Parking Space(s) Required.
[Ordinance 3323, 2/6/84]
1. Auction Establishments. One (1)
parking space for each one hundred
(100) square feet of gross floor area
CHAPTER 25
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127
indoors and one (1) parking space for
each one thousand (1,000) square feet
of display area outdoors.
2. Animal Hospital, Veterinary Clinic
or Kennel. One (1) parking space for
each two hundred fifty (250) square
feet of gross floor area, excluding an-
imal exercise areas.
3. Automobile, mobile homes, motor-
cycle and other vehicle sales and ser-
vice garages. One (1) parking space
for each five hundred (500) square feet
of floor area.
4. Banks, Businesses and Professional
Offices - Except Doctors’ Offices.
a. For Offices Under 50,000 Square
Feet. One (1) parking space for
each three hundred (300) square
feet of floor area.
b. For Offices Over 50,000 Square
Feet of Gross Floor Area. One (1)
parking space for every four hun-
dred (400) square feet of gross
floor area or one (1) parking space
for every two (2) employees on the
maximum work shift; whichever is
greater.
5. Barber and Beauty Shops. Two (2)
spaces for each operator.
6. Bowling Alleys. Five (5) spaces for
each alley and one parking space for
each four (4) spectator seats.
7. Car Wash. Two (2) stacking spaces
for each washing bay, one (1) stacking
space for each vacuuming unit, plus
one (1) space for every two (2) e m-
ployees.
8. Churches/Religious Facility. One (1)
parking space for each four (4) per-
sons of maximum occupancy of the
sanctuary, auditorium or main hall, as
provided by the currently adopted
Building Code.
9. Community Center, Museum or Art
Gallery. One (1) space for every two
hundred fifty (250) square feet of floor
area devoted to patron use, or one (1)
space for every five (5) persons of
maximum occupancy of patron use
area as provided by the currently
adopted Building Code, whichever is
greater.
10. Contractor Business, including Car-
penter and Cabinet Shop, Plumbing
and Heating Shop, Roofing Shop,
Sheet Metal Shop, Sign Painting
Shop, and similar uses. One (1) park-
ing space for each two hundred fifty
(250) square feet of office floor area
and one (1) space for each two (2) per-
sons employed on the maximum shift.
11. Correction Facility. One (1) space for
each two (2) employees on the maxi-
mum shift plus one (1) space for each
twenty five (25) inmates.
12. Dance Halls and Assembly Halls.
One (1) parking space for each one
hundred (100) square feet of floor area
devoted to patron use or one (1) park-
ing space for each four (4) persons of
maximum occupancy of patron use
area as allowed by the currently
adopted Building Code, whichever is
greater.
13. Day Care Center. One (1) space for
each two (2) employees on the maxi-
mum shift, plus one (1) space for each
fifteen (15) attendees.
14. Medical Doctor’s Offices or Dental
Clinics. One (1) parking space for
each two hundred (200) square feet of
floor area.
15. Dwellings, Residential. Two (2)
parking spaces for each dwelling unit,
a maximum of fifty (50) percent of the
parking spaces required may be rep-
resented by garage spaces.
CHAPTER 25
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10-25-2 OFF-STREET PARKING AREA REQUIRED.
128
a. Multi-family Elderly Housing
Projects. One parking space for
every two (2) units plus five (5)
visitor parking stalls for every for-
ty (40) units or part thereof.
b. Dormitories. One (1) parking
space for each four (4) students
that can live in the dormitory.
c. Group Home. Two (2) spaces per
dwelling unit, plus one (1) space
for every resident supervisor. [Or-
dinance 3775, 3/18/91]
d. Halfway House. One (1) space for
every two (2) beds. [Ordinance
3775, 3/18/91]
e. Boarding House and Rooming
House. Two (2) parking spaces
per dwelling plus one (1) space for
every room used for boarding
purposes.
16. Funeral Homes and Mortuaries. Fif-
teen (15) parking spaces or one (1)
parking space for each four (4) per-
sons of maximum occupancy of the
auditorium(s), whichever is greater.
20. Furniture, Appliance or Home Im-
provement Store. One (1) parking
space for each five hundred (500)
square feet of floor area.
21. Health/Sport Clubs. One (1) space
for every one hundred (100) square
feet of exercise floor area plus two (2)
spaces per court.
22. Hospital, Sanitariums and Rest
Homes. One (1) parking space for
each four (4) patient beds and one (1)
parking space for each two (2) e m-
ployees on the maximum working
shift.
23. Hotels, Motels, and Bed and Break-
fast. One (1) parking space for each
room offered for accommodations.
Any restaurant, bar or assembly uses
shall be calculated separately.
24. Industrial and Manufacturing Plants.
One (1) parking space for each two
(2) employees on the maximum work-
ing shift.
25. Launderette or Laundries. One (1)
space for every two hundred (200)
square feet of gross floor area.
26. Pool and Billiard Halls, Taverns,
Bars and Night Clubs.
a. One (1) parking space for each fif-
ty (50) square feet of floor area de-
voted to patron use within the es-
tablishment, or one (1) parking
space for every three (3) persons
of maximum occupancy, as al-
lowed by the currently adopted
Building Code, whichever is
greater. [Ordinance 3442, 6/16/86]
b. One (1) parking space for every
one hundred fifty (150) square feet
of area devoted to patron use out-
side the establishment. [Ordinance
3442, 6/16/86]
27. Restaurants. [Ordinance 3102, 9/22/80]
a. Standard Type. [Ordinance 3442,
6/16/86]
i. One (1) parking space for each
one hundred (100) square feet
of floor area devoted to patron
use within the establishment,
with a minimum of at least ten
(10) spaces.
ii. One (1) parking space for eve-
ry two hundred (200) square
feet of area devoted to patron
use outside the establishment.
CHAPTER 25
VEHICULAR USE, PARKING AND LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND FILLING STATIONS.
10-25-2 OFF-STREET PARKING AREA REQUIRED.
129
b. Fast Food Type.
i. With a drive-up window—one
(1) parking space for every
two and one half (2.5) seats
with a minimum of at least ten
(10) spaces.
ii. Without a drive-up window—
one (1) parking space for every
two (2.0) seats with a mini-
mum of at least ten (10) spaces.
c. Fast Casual Type.
i. With a drive-up-window – one
(1) parking space for every
three (3.0) seats with a mini-
mum of at least ten (10) spaces.
ii. Without a drive-up window –
one (1) parking space for every
two and one half (2.5) seats
with a minimum of at least ten
(10) spaces.
d. Drive Up Only. Where there is on-
ly a drive up and/or walk up
window and no seating provided
either within or outside the estab-
lishment, there shall be a mini-
mum of five (5) spaces.
28. Retail Stores, Supermarkets, Drug
and Sundries Stores, Convenience
Stores and Gas Stations, and De-
partment stores, etc. [Ordinance 3102,
9/22/80]
a. For stores under five thousand
(5,000) square feet, one (1) parking
space for every two hundred (200)
square feet of floor area with a
minimum of at least ten (10) spac-
es.
b. For stores between five thousand
(5,000) and fifty thousand (50,000)
square feet, one (1) parking space
for every two hundred fifty (250)
square feet of floor area.
c. For stores over fifty thousand
(50,000) square feet, one (1) park-
ing space for every three hundred
(300) square feet of floor area.
29. Schools and Other Places of Educa-
tional Instruction.
a. Elementary, junior high and oth-
er places of under driving-age
students. One (1) parking space
for each person regularly em-
ployed on the premises. In addi-
tion, one (1) parking space for
each classroom.
b. High Schools. One (1) parking
space for each person regularly
employed on the premises. In ad-
dition one (1) parking space for
each six (6) students at maximum
occupancy.
c. Colleges, trade schools and other
places of young adult learning.
One (1) parking space for every
person regularly employed on the
premises. In addition, one (1)
parking space for each two (2)
students at maximum occupancy.
d. Parking spaces required by a, b,
and c above shall be included as
part of the requirements for sports
arenas, auditoriums, etc.
30. Shelter or Mission. One (1) space for
each two (2) employees on the maxi-
mum shift, plus one (1) space for each
five (5) occupants.
31. Sports Arenas, Theaters, Auditori-
ums, Racetracks and Other Similar
Places of Public Assembly. One (1)
parking space for each four (4) per-
sons of maximum standing and seat-
ing capacity.
32. Stables, Riding Academies and
Clubs, and Riding Arenas. One (1)
space for each five (5) stalls and one
(1) space for each four (4) persons of
maximum seating capacity of perma-
nent seating associated with an arena.
CHAPTER 25
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10-25-2 OFF-STREET PARKING AREA REQUIRED.
130
33. Warehouses. One (1) space for each
two (2) persons regularly employed
on the premises.
34. Wholesale Establishments. One (1)
space for each two (2) persons regu-
larly employed on the premises and
one (1) space for each two thousand
(2,000) square feet of floor area.
35. Any Commercial Use not Otherwise
Specified. One (1) space for each
three hundred (300) square feet of
floor area.
36. Public Facilities not specifically men-
tioned. The number of parking spac-
es shall be determined by the City
Council after recommendation of the
Commission.
GUIDELINES FOR OFF-STREET
PARKING
Not a part of Zoning Ordinance 5079
90º PERIMETER AND ISLAND PARKING
PARKING SPACE
REGULAR HANDICAP
Stall Width A 9’ 13’
Stall Length B 18’ 18’
Driveway
Width
C 24’ 24’
60º PERIMETER AND ISLAND PARKING
PARKING SPACE
REGULAR HANDICAP
Stall Width A 9’ 13’
Stall Length B 18’ 18’
Curb
Length/Car
C 10.5’ 14’
Stall Depth D 19’ 19’
Driveway
Width
E 19’ 19’
45º PERIMETER AND ISLAND PARKING
PARKING SPACE
REGULAR HANDICAP
Stall Width A 9’ 13’
Stall Length B 18’ 18’
Curb
Length/Car
C 13’ 17’
Stall Depth D 17.5’ 17.5’
Driveway
Width
E 15’ 15’
Island
Width
F 32’
CHAPTER 25
VEHICULAR USE, PARKING AND LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND FILLING STATIONS.
10-25-3 FILLING STATIONS, PUBLIC GARAGES AND PARKING LOTS.
131
Curb cut permission and driveway d e-
sign subject to City Engineer’s Department.
Parking Standards are Guidelines and do not
represent all possible layouts.
45º & 60º HERRING BONE PATTERN PARKING
PARKING SPACE
REGULAR HANDICAP
Stall Width A 9’ 13’
Stall Length B 18’ 18’
Curb 45º
Length/ 60º
Car
C 13’
10.5’
17’
14’
Stall 45º
Depth 60º
D 17.5’
19’
17.5’
19’
Driveway
Width
E 19’ 19’
Island Width F 32’
HANDICAPPED PARKING
REQUIREMENTS
Not a part of Zoning Ordinance
Multiple Spaces Required
Two Spaces Required
10-25-3 FILLING STATIONS, PUBLIC
GARAGES AND PARKING LOTS.
a. No gasoline filling station or a commercial
customer or employee parking lot for
twenty-five (25) or more motor vehicles or
a parking garage or automobile repair
shop, shall have an entrance or exit for
vehicles within two hundred (200) feet
along the same side of a street of any
school, public playground, church, hospi-
CHAPTER 26
OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-26-1 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS.
132
tal, public library, or institution for de-
pendents or for children, except where
such property is in another block or on an-
other street which the lot in question does
not abut.
b. No gasoline filling station or public garage
shall be permitted where any oil draining
pit or fuel filling appliance is located with-
in twelve (12) feet of any street line or
within twenty-five (25) feet from any “R”
District, except where such appliance or
pit is within a building.
CHAPTER 26
OUTDOOR ADVERTISING
SIGNS AND BILLBOARDS
[Ordinance 4724, 9/20/04]
10-26-1 OUTDOOR ADVERTISING
SIGNS AND BILLBOARDS.
A. General Intent.
Signs are one of the most prominent
visual elements of a street. If well d e-
signed, they add interest and variety to
building facades and attract customers.
On the other hand, signs more than any
other single feature can detract from even
the most attractive storefront if erected
without care. It is the intent of the City of
Waterloo not to unduly restrict outdoor
advertising signs. However, placement
and construction of outdoor advertising
signs should be compatible with sur-
rounding land uses and preserve prope r-
ty values of surrounding properties,
should protect existing businesses which
are adequately identified and advertised
from a proliferation of signs which reduce
the effectiveness of individual signs,
should not distract adjoining residences,
and should not distract nor reduce sight
distance for vehicular traffic.
For all of the foregoing reasons, we
deem the following to be our purpose in
enacting this chapter: to ensure that signs
are designed, located, constructed, erect-
ed and maintained so as to preserve the
public safety of motorist and pedestrians
and to preserve and promote the natural
beauty and character of the City in a
manner that will protect property values,
create a more attractive economic and
business climate, promote and aid tour-
ism which is declared to be of importance
to the economy of the City, protect pedes-
trians and motorists from damage or inju-
ry caused by improperly situated signs,
promote the public safety, welfare, con-
venience and enjoyment of travel and the
free flow of traffic within the City of Wa-
terloo
B. Definitions.
1. Abandoned sign: A sign structure that
has ceased to be used, and the owner
intends no longer to have used, for the
display of sign copy, or as otherwise
defined by state law.
2. Animated sign: A sign employing ac-
tual motion or the illusion of motion.
3. Awning: An architectural projection
or shelter projecting from and sup-
ported by the exterior wall of a build-
ing and composed of a covering of rig-
id or non-rigid materials and/or fab-
ric on a supporting framework that
may be either permanent or retracta-
ble, including such structures that are
internally illuminated by fluorescent
or other light sources.
4. Awning sign: A sign displayed on or
attached flat against the surface or
surfaces of an awning.
5. Back-lit Awning: An awning with a
translucent covering material and a
source of illumination contained with-
in its framework.
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OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-26-1 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS.
133
6. Banner: A flexible substrate on which
copy or graphics may be displayed.
7. Banner sign: A sign utilizing a banner
as its display surface
8. Billboard: “Billboard” as used in this
Ordinance shall include all structures
regardless of the material used in the
construction of the same, that are
erected, maintained, or used for pub-
lic display of posters, painted signs,
wall signs, whether the structure is
placed on the wall or painted on the
wall itself, pictures or other pictorial
reading matter which advertise a
business or attraction which is not car-
ried on or manufactured in or upon
the premises upon which said signs or
billboards are located. Also referred
to as an Off-Premise Advertising Sign.
[Ordinance 5395, 04/10/17]
9. Building elevation: the entire side of a
building, from ground level to the
roofline, as viewed perpendicular to
the walls on that side of the building.
10. Canopy: An overhead structure sup-
ported by cantilevers from the build-
ing or extends from the building and
is supported by columns at additional
points.
11. Changeable sign: A sign with the ca-
pability of content change by means of
manual or remote input.
12. Combination sign: A sign that is sup-
ported partly by a pole and partly by
a building structure.
13. Copy: Those letters, numerals, fig-
ures, symbols, logos and graphic ele-
ments comprising the content or mes-
sage of a sign, excluding numerals
identifying a street address only.
14. Development Complex Sign: A free-
standing sign identifying a multiple-
occupancy development, such as a
shopping center or planned industrial
park, which is controlled by a single
owner or landlord.
15. Directional Sign: Any sign that is de-
signed and erected for the purpose of
providing direction and/ or orienta-
tion for pedestrian or vehicular traffic.
16. Double-Faced sign: A sign with two
faces, back to back.
17. Electric Sign: A sign activated or il-
luminated by means of electrical ener-
gy.
18. Electronic Message Sign or Center:
An electrically activated changeable
sign whose variable message capabil-
ity can be electronically programmed.
19. Exterior Sign: Any sign placed out-
side a building.
20. Flashing Sign: An “Animated Sign”
that is electronically activated”.
21. Illuminated Sign: A sign character-
ized by the use of artificial light, either
projecting through its surface(s) (in-
ternally illuminated); or reflecting off
its surface(s) (externally illuminated).
22. Monument Sign: A freestanding sign,
such as a stone or sculpture or other
monument used for advertising with
good design standards and aesthetics
that typically exceed that of a pole
sign. The base of post(s), if used, shall
be at least ¾ the width of the overall
sign and be fully enclosed, except that
post signs less than six (6) feet in
height and forty (40) sq.ft. in area shall
not be required to be enclosed and
shall be considered monument signs.
On corner lots, no monument sign
shall be erected within the triangular
area formed by the intersection of the
lot lines and a line connecting two (2)
points each located ten (10) feet from
the intersection of the lot lines of the
corner of the lot located at the inter-
section, unless the monument sign
CHAPTER 26
OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-26-1 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS.
134
does not exceed two and one-half (2
½) 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, a c-
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 stat e-
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
CHAPTER 26
OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-26-1 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS.
135
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
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150 sq. ft. The maximum allowable
height as measured from natural
grade at the base of the sign to the top
of the structure is 48 feet with the
minimum height being 10 feet from
natural grade at the base of the sign to
the bottom of the structure. The struc-
tures shall be a monopole steel design,
with the paint and sign material main-
tained in a new condition. All bill-
board sign structures, including the
outermost edge of the sign panel,
must be setback from the immediate
abutting street right-of-way line or
property line equal to the setback of
the underlying Zoning District. Bill-
board structures shall not be permit-
ted within 1000 feet of another bill-
board structure measured in either di-
rection along both sides of the street
which adjoins the billboard structure,
measured from the base of structure
to the base of structure in a straight
line regardless of grade. Furthermore,
no billboard structure shall be permit-
ted closer than 200 feet from a res i-
dential Zoning District or from the
property boundaries of any property
which has a principal residential use
located thereon, nor closer than 200
feet from the property boundaries of a
public park, church, school cemetery,
hospital, the property boundaries of
any historic district established by
state law or local ordinance, or the
property boundaries of any structure
listed on the National Register of His-
toric Places. In addition, vertical
stacking of separate sign panels on a
billboard structure shall be prohibited.
On corner lots, no billboard shall be
erected within the triangular area
formed by the intersection of the lot
lines and a line connecting two (2)
points each located 100 feet from the
intersection of the lot lines of the cor-
ner of the lot located at the interse c-
tion. [Ordinance 3050, 10/1/79] [Ordi-
nance 4521, 10/22/01] [Ordinance 4724,
9/20/04]
4. All Districts:
a. Home Occupations shall be al-
lowed one (1) nameplate display-
ing the name of occupant or occu-
pation, not exceeding two (2)
square feet in area, non-
illuminated, attached flat to the
main structure or visible through a
window.
b. Directional Signs shall be allowed
as necessary, excluding home oc-
cupations, to facilitate the orderly
flow of traffic with a maximum ar-
ea of six (6) square feet each. A
logo or business name is permit-
ted on the directional signs, but
shall not exceed two (2) square
feet. These signs are for direction-
al, not advertising purposes. The
directional signs shall not be in-
cluded in the calculation of the al-
lowable square footage or location
of other signage.
c. Abandoned Signs - When a busi-
ness ceases operation the on-
premise signage shall be removed
by the owner according to the fol-
lowing schedule:
Sign and/or sign cabinet—within
30 days. Supporting structure—
within 180 days
When off-premise advertising is
bare or in disrepair for a period of
90 days it shall be removed. If it is
bare or in disrepair for a period of
180 days the structure shall be re-
moved.
d. Maintenance - All signs together
with all of their supports, braces,
guys, and anchors, shall be kept in
repair and in proper state of
preservation and working order.
The display surfaces of all signs
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shall be kept painted or posted at
all times.
The City Planner or designee may
order the removal of any sign that
is not maintained in accordance
with this Section after sixty (60)
days from receipt of notice by
owner of said sign.
e. Non-Conforming Signs - If a sign
is enlarged or relocated, it must
comply with the code. If it is re-
paired or changed in any other
way and the costs to do this ex-
ceed 35% of replacing the sign, it
must be replaced and all code re-
quirements must be followed.
Historic signs or signs with histor-
ical significance in the “C-3” Dis-
trict as determined by the Main
Street Waterloo Design Review
Board may be allowed to continue
after review and recommendation
of the Main Street Waterloo De-
sign Review Board to the Board of
Adjustment.
f. Strip development or strip malls
with the land under common
ownership that share common
parking, access, or structures shall
be treated as a single property for
the purposes of this Section. Strip
development or strip malls with the
land under diverse ownership that
share common parking, access, or
structures shall be allowed one
freestanding sign per use or unit if
the following conditions are met:
i. The additional freestanding
signs(s) shall not be located
closer than one hundred fifty
(150) feet to any other fre e-
standing sign within the over-
all development.
ii. For developments with indi-
vidual uses or units under ten
thousand (10,000) square feet,
the maximum combined area
for all freestanding signs on
the overall site shall not exceed
the maximum allowed area for
a single freestanding sign in
that zone. For developments
with all individual uses or
units over ten thousand
(10,000) square feet, the maxi-
mum combined area for all
freestanding signs on the indi-
vidual use or unit site shall not
exceed the maximum allowed
area for a single freestanding
sign in that zone.
iii. A sign plan showing the
square footage of signage for
each parcel shall be submitted
by the developer and/or land-
owners for the entire site prior
to a sign permit being issued.
[Ordinance 4774, 06/06/05] [Or-
dinance 4841, 10/16/06]
g. Menu Signs - For properties in a
“C” or “M” District, single-sided
menu signs shall be allowed with
no advertisement on the back of
the sign. Each sign shall have a
maximum area of sixty (60) square
feet and shall not include a speak-
er if facing an abutting residential
use or “R-1” or “R-2” district un-
less the speaker is at least one
hundred (100) feet from the prop-
erty line of an abutting residential
use or “R-1” or “R-2” district. [Or-
dinance 5288, 06/15/15] The menu
signs shall not be included in the
calculation of the allowable square
footage or location of other sign-
age.
h. Bulletin Board – For all districts
except the “A-1” District, bulletin
boards or signs with total area of
signs not exceeding sixty-four (64)
square feet in area on private
property pertaining to construc-
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138
tion, lease, hire or sale of building
or premises and sale of land or
lots, which board or sign shall be
removed within thirty (30) days of
premises being leased, hired, sold
or construction completed.
i. Subdivision or Development Signs
- Monument signs are permitted
not exceeding fifty (50) square feet
each and six (6) feet in height,
identifying a subdivision, neigh-
borhood, or office/industrial park,
on private property adjacent to en-
tryways to such developments,
subject to the requirements for
monument signs described at 10-
26-1(B)(22). Said sign may also be
permitted within public street
right-of-way subject to the ap-
proval of an encroachment agree-
ment by the City Council upon the
recommendation of the City Engi-
neer. Appropriate areas within a
public street right-of-way could
include the grass median of a
boulevard or between the road
line and the right-of-way line, if
excess right-of-way is present and
the location of the proposed sign
will not materially impede vision
or conflict with present or future
anticipated utilities.
j. Banner, Portable and Temporary
Signs - The use of exterior banner,
portable and or temporary type
signage shall be allowed on a
temporary basis not to exceed six-
ty (60) cumulative days within one
calendar year. Portable and te m-
porary signs in the “C-3” District
are prohibited, except banner
signs, which are allowed on a
temporary basis not to exceed six-
ty (60) cumulative days within one
calendar year, and except sand-
wich board type signs approved
by the Main Street Design Review
Board or other applicable authori-
ty. A calendar year shall be de-
fined as being from January 1 -
December 31. Said signage shall
be on private property and shall
advertise a product, service, or
event that can legally occur on the
property.
k. How Measured – The area of all
signs shall be calculated by meas-
uring the entire sign cabinet or
box, except that for wall signs with
individually mounted letters, the
area of the letters shall be meas-
ured in calculating the sign area.
5. “A-1” Agricultural District:
a. Bulletin boards and signs not ex-
ceeding sixty-four (64) square feet
each in area pertaining to the
lease, hire, or sale of a building or
premises, or signs not exceeding
sixty-four (64) square feet each in
area pertaining to any material
that is mined, grown or treated
within the district or advertising a
product, service, or event that can
legally occur on the property, pro-
vided such signs shall be located
on private property and shall not
contain flashing or moving lights.
Total area of all signage shall not
exceed three hundred (300) square
feet.
6. “R-R”, “R-1” and “R-2” Residential
Districts:
a. Signs for any use listed as a Spe-
cial Permit provided that the sign
regulations for the “R-3” and “R-
4” Residential Districts are met.
b. Day cares are allowed in the dis-
trict but no signs pertaining to day
cares are allowed.
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7. “R-3” and “R-4” Residential Districts
a. Signs permitted in the “R-1” and
“R-2” Residential Districts.
b. Wall signs on no more than two
walls or monument signs not ex-
ceeding twelve (12) feet in height
with total area of all signage not to
exceed 1 square foot for each 5’ of
street frontage with a maximum of
sixty four (64) square feet on any
one side thereof of total monu-
ment signs and not more than two
(2) sides shall be used for advertis-
ing purposes when accessory and
customarily incidental to a princi-
ple permitted use on the property
excluding one and two-family res-
idences. Signs in the “R-3” and
“R-4” Residential Districts shall
not be self-illuminated unless con-
structed with an opaque back-
ground and translucent lettering,
and shall not contain moving or
flashing parts. Wall signs shall be
mounted flat against the building.
Monument signs shall not extend
over any street or property line.
8. “C-1” Commercial District
a. Any exterior wall sign shall per-
tain only to a use conducted with-
in the building and be integral or
attached thereto. No sign may
project over any street or property
line, except in accordance with the
provisions of the currently adopt-
ed building code, or extend more
than six (6) feet over any setback
line whether fixed to the building
or any other structure. In no case
shall any wall sign project more
than four (4) feet above the roof-
line and the total area of all wall
signs shall not exceed two (2)
square feet in area for every linear
foot of wall displaying such sign.
Where the lot adjoins a residential
use, the exterior sign shall be at-
tached flat against the building
and shall not face the side of the
abutting residential use. However
this does not apply to the side of
the building which is opposite that
side adjoining the residential use.
b. One freestanding post, pole, or
monument sign, provided, how-
ever, that said freestanding sign
shall not exceed forty-five (45) feet
in height and shall not have a sur-
face area of greater than eighty
(80) square feet on any one side
thereof and not more than two (2)
sides shall be used for advertising
purposes. For post or pole signs,
the bottom of said sign or surface
area thereof shall not be less than
ten (10) feet above the sidewalk or
above the surface of the ground
upon which it is erected when
within any triangular area as de-
scribed at 10-26-1(B)(22). Said
freestanding sign shall not extend
over street right-of-way lines nor
otherwise obstruct or impair the
safety of pedestrians or motorists.
9. “C-2” Commercial District [Ordinance
4273, 1/12/98]
a. One (1) freestanding post, pole, or
monument sign shall be allowed
per property as long as the follow-
ing conditions can be met:
i. Shall not extend over street
right-of-way or property lines
nor otherwise obstruct or im-
pair the safety of pedestrians
or motorists.
ii. For post or pole signs, the bot-
tom of said sign or surface ar-
ea thereof shall not be less
than ten (10) feet above the
sidewalk or above the surface
of the ground upon which it is
erected when within any tri-
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140
angular area as described at
10-26-1(B)(22). Maximum
height of any freestanding sign
shall not exceed forty-eight
(48) feet.
iii. Shall not exceed two (2) square
feet for every one (1) linear
foot of street frontage. A min-
imum of eighty (80) square
feet shall be allowed regard-
less of street frontage.
iv. Maximum total square feet of
freestanding signage shall be
three hundred (300) square
feet on any one side. More
than two (2) sides may have
advertising, however total area
of signage on all sides shall not
exceed six hundred (600)
square feet. For “C-2” and less
restrictive Districts in which
the contiguous area is more
than ten (10) acres in area and
is more than four hundred
(400) feet from a “R” District
the maximum total area of
freestanding signage shall be
five hundred (500) square feet,
one thousand (1,000) square
feet on all sides.
v. Additional post, pole, or mon-
ument sign(s) may be allowed
as long as they are no closer
than one hundred fifty (150)
feet from any other post, pole,
or monument sign on the same
site and the maximum square
footage per site is not exceed-
ed, and provided no more
than two (2) sides of building
shall have wall signs.
b. Wall signs shall not exceed 15% of
the wall area; in no case shall the
wall signs exceed 15% of the first
15 vertical feet of the wall area.
The length of the wall sign shall
not exceed 2/3 of the building
wall length. No sign may project
over any street or property line,
except in accordance with the pro-
visions of the building code, or ex-
tend more than six (6) feet over
any setback line whether fixed to
the building or any other struc-
ture. For the purpose of this Sec-
tion, signs painted on awnings
and signs mounted on mansards
shall be considered as wall signs.
c. Roof signs, provided such sign
shall not project more than sixteen
(16) feet above the roofline. Roof
signs shall be counted toward the
total square footage allowed for
the wall that the roof sign faces. If
a roof sign faces a wall without a
wall sign it shall be counted as one
of the sides allowed to have wall
signs.
10. “C-3” Central Business District [Ordi-
nance 3987, 11/22/93]
The Main Street Waterloo Design Re-
view Board shall review and approve
all signs in the area under its jurisdic-
tion as set forth in Section 2-2-3 of the
Code of Ordinances. [Ordinance 5288,
06/15/15]
a. Billboards shall not be allowed in
the “C-3” zoning district. Bill-
boards in existence within the
“C-3” zoning district at the time of
enactment of this Section shall be
permitted to remain as permitted
uses in the underlying Zoning Dis-
trict. Existing billboards may be
maintained, repaired, reconstruct-
ed, or replaced in the same loca-
tion to the same size of sign and
height of pole as the existing bill-
board. In the event an existing
billboard is removed it may be re-
placed within the “C-3” zoning
district only after review and ap-
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141
proval of the Main Street Waterloo
Design Review Board as long as it
does not increase the number of
existing billboards (5) and faces (9)
within said district. In the event
this code should conflict with the
“H-C” Highway Overlay District,
the more restrictive code shall ap-
ply.
b. Signs painted directly onto a
building are prohibited. Murals
for the purpose of this code are a l-
lowed after review and approval
of the Main Street Waterloo De-
sign Review Board, although they
are not considered to be signs, but
rather are intended to serve an a r-
tistic function rather than an ad-
vertising function.
c. Portable and temporary signs (ex-
cept banner signs) are prohibited,
except banner signs as provided
herein, and except sandwich
board type signs shall be allowed
for said signs which are taken in
and out at the beginning and end
of business hours, which signs are
approved by the Main Street De-
sign Review Board or other appli-
cable authority. Said signs may be
placed in the right-of-way, as long
as applicable ADA requirements
are met and reviewed by the
Building Official and City Engi-
neer.
d. Projecting signs are permitted as
long as the following conditions
can be met:
i. Shall not project over public
property beyond five (5) feet
or more than one half the dis-
tance to the curb, whichever is
less, and they may not project
into a public alley or public
parking lot. A sign may not
project over the roadway. Pro-
jecting signs must be a mini-
mum of eight (8) feet above the
ground and must be no larger
in size than 1.5 square feet for
each linear foot of the side of
the building to which the sign
is attached not to exceed fifty
(50) square feet per face up to
a maximum of one hundred
(100) square feet in size on all
sides (see attached Exhibit ‘B’).
ii. Corner projecting signs are
those that are visible from two
(2) or more intersecting streets
and shall be allowed as regu-
lated above. The use of corner
projecting signs shall preclude
the use of any other projecting
sign on the two (2) sides that
the corner projecting signs are
visible from (see attached Ex-
hibit ‘C’).
iii. Internally lighted sign cabinets
with opaque background and
translucent lettering may be al-
lowed only after review and
approval of the Main Street
Design Review Board or other
applicable authority. [Ordi-
nance 5288, 06/15/15] Project-
ing signs constructed with
noncombustible brackets and
support material shall be al-
lowed to utilize wood for the
sign faces as long as there is a
physical separation between
said sign material and the
structure or building upon
which it is attached.
iv. Canopy/awnings - shall be
considered to be part of the
structure and are allowed to be
internally illuminated. Letter-
ing, logos or other visible ad-
vertising shall be considered
signage and the rectangular
area surrounding it shall be
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142
calculated and included in the
percentage of allowable square
footage for wall signage for the
building.
e. One (1) freestanding post, pole, or
monument sign shall be allowed
per property as long as the follo w-
ing conditions can be met:
i. Shall not extend over street
right-of-way or property lines
nor otherwise obstruct or im-
pair the safety of pedestrians
or motorists.
ii. Maximum height of sign shall
be eighteen (18) feet as meas-
ured from grade to top of sign.
The bottom of said sign or sur-
face area thereof shall not be
less than ten (10) feet above
the sidewalk or above the sur-
face of the ground upon which
it is erected when within any
triangular area as described at
10-26-1(B)(22).
iii. Maximum total square feet of
signage shall be eighty (80)
with no side being greater
than forty (40) square feet.
iv. Additional freestanding
sign(s) may be allowed to be
located at least 150 feet from
another pole sign on the same
property under common own-
ership in the same block.
v. The use of backlit plastic faces
with opaque background areas
and translucent lettering is
permitted.
vi. Aluminum faces with routed
individual letters backed up
with Plexiglas are permitted.
Additional decorative ele-
ments (i.e. corner scrolls, ac-
cent lines etc.) are allowed and
may be lighted. The total area
of all non-lighted and lighted
copy and logos may not ex-
ceed 60% of face area.
f. Roof Signs - Roof signs shall be al-
lowed on multi-story (five or more
stories) buildings as long as they
identify only the building. No
roof sign shall project more than
16 feet above the roofline. Further
regulations contained herein are
applicable.
g. Wall/Window Signs - External il-
lumination must be provided by a
continuous light source that is in-
stalled to prevent direct light from
shining onto the street or adjacent
properties. Flashing or moving
lights are not permitted. The light
source may be incandescent, LED
or fluorescent but should emit
white light. [Ordinance 5288,
06/15/15] Spot, track, overhang or
wall lamps are all acceptable light
sources. Avoid high intensity
light sources as they often produce
excessive glare. Internally lighted
sign cabinets with opaque back-
ground and translucent lettering
may be allowed only after review
and approval of the Main Street
Waterloo Design Review Board.
[Ordinance 5288, 06/15/15] Indi-
vidually formed letters of alumi-
num or non-transparent material
with translucent faces affixed to a
building shall be allowed. (The
code does recognize that well de-
signed neon signs can be attractive
and compatible with certain store-
fronts). Wall signs shall not ex-
ceed 1.5 square feet in area for
each linear foot of the side of the
building to which the signs are at-
tached. The length of all wall
signs shall not exceed 2/3 of the
building wall length to which the
signs are attached. Further regula-
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143
tions contained herein are appli-
cable. (see attached Exhibit ‘A’)
EXHIBIT ‘A’
WALL SIGNS
Wall signs shall not exceed 1.5 square feet in
area for each linear foot of the side of the build-
ing to which the signs are attached. The length
of all wall signs shall not exceed 2/3 of the
building wall length to which the signs are at-
tached.
EXHIBIT ‘B’
PROJECTING SIGNS
Width x Height must be less than or equal to 1.5
square feet for each linear feet of the side of the
building to which the sign is attached to not to
exceed 50 square feet per face up to a maximum
of 100 square feet in size.
EXHIBIT ‘C’
Sign
CORNER PROJECTING SIGNS
Width x Height must be less than or equal to 1.5
square feet for each linear feet of the side of the
building to which the sign is attached to not to
exceed 50 square feet per face up to a maximum
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144
of 100 square feet in size.
11. “S-1” Shopping District
a. Signs permitted in the “C-2”
Commercial District and as limited
by “S-1” District Regulations, pro-
vided, however, the Council may
consider any additional re-
strictions proposed by the owner.
The requirements of the “C-2”
District shall be considered mini-
mum for the “S-l” District; howev-
er, it is expected that these mini-
mums will be exceeded in all but
exceptional situations. Due to the
high density of commercial devel-
opment in this area, multiple post,
pole, or monument signs on a
property shall be considered a ma-
jor change.
12. “M-1” Light Industrial District
a. Signs permitted in “C-2” Com-
mercial District.
13. “M-2” Heavy Industrial District
a. Signs permitted in “C-2” Com-
mercial District.
14. “M-2,P” Planned Industrial District
a. Signs permitted in “C-2” Com-
mercial District, except that post
or pole type signs shall be prohib-
ited.
15. “R-P” Planned Residential Districts
a. In “R-P” Districts, those areas des-
ignated on the approved site plan
as residential or professional office
shall be permitted signs as permit-
ted in the “R-3” and “R-4” Resi-
dential Districts. Those areas des-
ignated on the approved site plan
as commercial shall be permitted
signs as permitted in the “C -1”
Commercial Districts.
16. “C-P” Planned Commercial District
a. In “C-P” Districts, those areas des-
ignated on the approved site plan
as residential or professional office
shall be permitted signs as permit-
ted in the “R-3” and “R-4” Resi-
dential Districts. Those areas des-
ignated on the approved site plan
as commercial shall be permitted
signs as permitted in the “C-2”
Commercial Districts.
17. “B-P” Business Park District:
a. Signs permitted in “C-2” Com-
mercial District.
CHAPTER 27
SPECIAL PROVISIONS,
EXCEPTIONS AND
MODIFICATIONS
10-27-1 SPECIAL PROVISIONS,
EXCEPTIONS AND
MODIFICATIONS.
The regulations specified in this Ordi-
nance shall be subject to the following excep-
tions and interpretations:
A. Use of Existing Lots of Record.
In any district where dwellings are per-
mitted, a single family dwelling may be locat-
ed on any lot or plot of official record existing
as of the adoption of Ordinance 2479, adop t-
ed 02/03/69, irrespective of its area or width,
provided that all other yard requirements are
met; and in addition, any two-family dwell-
ing may be located on any lot or plot of offi-
cial record existing as of the date of adoption
of said Ordinance in any district where dwell-
ings are permitted that has a lot width of not
less than sixty (60) feet and provided that all
other yard requirements are met, except that:
1. The sum of the side yard widths of
any such lot or plot shall not be less
than ten (10) feet, but in no case less
CHAPTER 27
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145
than five (5) feet, for any one side
yard.
2. The depth of the rear yard of any such
lot need not exceed twenty (20) pe r-
cent of the depth of the lot, but in no
case less than ten (10) feet.
3. In the case of a lot of record where the
above requirements are greater than
those of the district in which it is lo-
cated the lesser requirement shall ap-
ply.
B. Structures Permitted Above Height
Limit.
The building height limitations of this
Ordinance shall be modified as follows:
1. Chimneys, cooling towers, elevator
bulk-heads, fire towers, monuments,
penthouses, stacks, stage towers or
scenery lofts, tanks, water towers, or-
namental towers, and spires, or neces-
sary mechanical appurtenances may
be erected to a height in accordance
with existing or hereafter adopted o r-
dinances of the City of Waterloo. [Or-
dinance 3211, 5/24/82]
2. Public, semi-public or public service
buildings, hospitals, sanitariums, or
schools, when permitted in a district,
may be erected to a height not excee d-
ing sixty (60) feet, and religious facili-
ties, when permitted in a district, may
be erected to a height not exceeding
seventy-five (75) feet, if any such
building is set back from each proper-
ty line in addition to the setback re-
quired in the district in which the
building is located at least one (1) foot
for each foot of additional building
height above the height limit othe r-
wise provided in the district in which
the building is built.
3. Single family dwellings and two fami-
ly dwellings in the dwelling districts
may be increased in height by not
more than ten (10) feet when two (2)
side yards of not less than fifteen (15)
feet each are provided, but they shall
not exceed three (3) stories in height.
4. All radio and television towers and
transmitting facilities [Ordinance 3211,
5/24/82] shall conform to Section 10-
27-1(H)(15) except as provided below
and shall conform to all applicable
Federal, State and local codes and or-
dinances.
a. Commercial radio and television
transmitting facilities and towers
shall be permitted in any districts,
subject to the provisions of Para-
graph 4(c) and 4(d) below.
b. Amateur radio and citizen radio
service stations which are only ac-
cessory to the established primary
use shall be permitted in all dis-
tricts, subject to the provisions of
paragraph 4(c) and 4(d) below.
Such stations must be duly li-
censed radio and television trans-
mitting and receiving stations of
the amateur radio service and citi-
zens radio service.
c. Radio and Television Transmitting
and Receiving Antennae and An-
tenna Structures. Radio and tele-
vision transmitting and receiving
antennae and antenna structures
attached to a building shall not ex-
ceed twenty-five (25) feet above
the established roof line. These
structures shall include roof
mounted, chimney mounted and
ground established structures
bracketed or guyed to primary or
accessory structures that are not
antenna structures. [Ordinance
4040, 9/19/94]
Radio and television transmitting
and receiving antennae and an-
tenna structures not attached to a
building shall not exceed sixty (60)
feet in height in any “R-l” or “R-2”
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146
One and Two Family Residence
Districts and eighty (80) feet in
any “R-3” or “R-4” Multiple Fami-
ly Districts. In all other districts
there is no maximum height. The
proposed tower may be approved
by the City Planner or designee af-
ter receiving consent from proper-
ty owners within the limits of the
tower’s maximum horizontal fall.
If at least one (1) objection is re-
ceived, the proposed tower may
only be approved by Special Per-
mit of the Board of Adjustment af-
ter a public hearing. Amateur ra-
dio antennas may be approved by
the City Planner or designee when
extending a maximum of ten (10)
feet above the surrounding build-
ings in any district. [Ordinance
4040, 9/19/94] Otherwise, amateur
radio antennas may only be ap-
proved by Special Permit of the
Board of Adjustment after a public
hearing.
Antennae and antenna structures
shall meet the yard requirements
of the primary use in the district.
(This does not allow guy wires
and anchors to be located in front
yard.)
d. Antennae - Antennae and antenna
structures exceeding the height
specified in Section 4c above shall
be permitted in all “R” Districts,
provided a Variance is granted by
the Board of Adjustment.
The following requirements will
have to be met before considera-
tion to the request will be given:
i. Such antennae and antenna
structures shall meet the yard
requirements of the primary
use in the district. (This does
not allow guy wires and an-
chors to be located in front
yard.)
ii. The applicant shall submit to
the Board feasibility studies
and valid engineering data.
iii. Such antennae or antenna
structures shall conform to all
other applicable Federal, State
and local codes and ordinanc-
es.
C. Area Requirements.
In any district where there is neither a
public water supply or a private water supply
serving three (3) or more lots, nor public sani-
tary sewers or a private sanitary sewage
treatment system serving three (3) or more
lots that is accessible, the lot area requirement
shall be:
Lot area - one and one-half (1.5) acres,
however, where connected to a public wa-
ter supply or a private water system serv-
ing three (3) or more lots, this require-
ment shall be thirty thousand (30,000)
square feet. All other yard requirements
of the district in which such lots exist shall
apply.
D. Double Frontage Lots.
Buildings on through lots and extending
through from street to street shall provide the
required front yard on both streets. Triple
frontage lots shall provide the required front
yard on both narrow dimension street front-
age streets. This shall not prohibit the erec-
tion of a fence taller than four (4) feet or ac-
cessory structures in a rear yard unless a
dwelling on an abutting lot is addressed or
faces the opposite street. [Ordinance 4841,
10/16/06]
E. Rear and Side Yards—How Comput-
ed.
In computing the depth of a rear yard or
the width of a side yard where the rear or
side yard opens on alley, one-half (1/2) of the
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147
alley width may be included as a portion of
the rear or side yard as the case may be.
F. Other Exceptions to Yard Require-
ments.
Every part of a required yard shall be
open to the sky unobstructed with any build-
ing or structure, except for permitted access o-
ry structures in a rear or side yard, and ex-
cept for the ordinary projections of skylights,
sills, belt courses, cornices, building over-
hangs at least four (4) feet above ground and
ornamental features any of which projecting
not to exceed twenty-four (24) inches from
accessory structures and not to exceed thirty -
six (36) inches from principal structures, and
except the usual projection of steps or stoops
with a landing abutting an entrance with said
landing not to exceed five (5) feet by five (5)
feet. Landings not abutting an entrance or
exceeding five (5) feet by five (5) feet shall
meet the setback requirements for a deck.
Also except ramps for handicap accessibility,
provided that such ramps provide as large of
setback as possible while still meeting the
minimum standards of the Americans with
Disabilities Act (ADA) including allowing
landings for said ramp not abutting an en-
trance or exceeding five (5) feet by five (5)
feet. [Ordinance 4841, 10/16/06]
Residential fences or landscape features
such as sculptures or walls may be erected or
constructed on property lines provided no
such fence in any front yard exceeds four (4)
feet in height and eight (8) feet in height in
the case of side or rear yards.
Overhanging balconies may project over
public property in accordance with the provi-
sions of the building code, but may not pr o-
ject more than five (5) feet or one half the dis-
tance to the curb, whichever is less, and shall
not project into a public alley, a public park-
ing lot, or over the roadway. Overhanging
balconies, including support structures, shall
be a minimum of eight (8) feet above the
ground and shall have all support structures
connected to the building and not onto public
property unless approved by the City Council
by encroachment agreement. [Ordinance 4841,
10/16/06] In “C-2” and less restrictive Dis-
tricts, signs, overhangs, and marquees at-
tached to a building may extend over street
right-of-way lines provided the erection of
such signs, overhangs, and marquees are con-
structed in accordance with the provisions of
the building code.
G. Existing Unenclosed Porch, New
Deck or Unenclosed Porch.
1. An existing unenclosed porch on the
front of a dwelling built prior to adop-
tion of Ordinance 2479, adopted
02/03/69, may be re-modeled or re-
built to an enclosure when projecting
no farther than the original open
porch. [Ordinance 4656, 11/10/03] [Or-
dinance 4855, 2/19/07]
2. A new deck or unenclosed porch ad-
dition to a dwelling may be built eight
(8) feet or one fourth (1/4) the dis-
tance (whichever is greater) into the
required front or rear yard setback.
This shall only include the required
setback as stated in the Bulk Regula-
tions Section of the District in which
located, and shall not include the av-
erage setback required by the Front
Yard Section of Chapter 5, General
Regulations. Existing dwellings with
a front or rear yard setback that is less
than the minimum required shall cal-
culate one fourth (1/4) the distance of
the existing setback, however this
shall not prohibit the erection of an
eight (8) foot deck or unenclosed
porch. This will not be interpreted in
any way to authorize any addition
over a platted building line, easement,
property line or road right-of-way
line. This provision shall not allow a
deck or unenclosed porch addition
within a required side yard setback,
except a required side yard along a
street frontage on a corner lot. Said
addition is defined as a non-enclosed
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148
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]
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SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
149
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]
g. 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.
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
CHAPTER 27
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150
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]
j. 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 ba t-
teries should be recycled. [Ordi-
nance 5426, 11/20/17]
l. 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]
p. 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]
q. 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
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151
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. [Ordinance 5648, 6/20/22]
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
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152
plan showing area to be filled with ex-
isting and proposed final elevations.
The application shall also include an
estimate of the number of cubic yards
necessary and length of time estimat-
ed to complete filling. [Ordinance 3590,
10/17/88]
12. Adult Businesses/Adult Uses [Ordi-
nance 3642, 5/1/89] in accordance with
“Adult Businesses/Adult Uses” of
Sections 10-3-1, 10-15-1(A)(2), and 10-
27-1(N).
13. Gaming facilities, unless located with-
in a Planned District where listed as a
Permitted Use. [Ordinance 4735,
10/18/04]
14. One or two-family residential struc-
tures when more than one (1) such
structure is erected on a single lot in
the “R-1” or “R-2” District. [Ordinance
4855, 2/19/07] [Ordinance 4885,
10/15/07]
15. Non-Limited Alcohol Sales Uses,
when meeting the following mini-
mum requirements:
a. Where the business, when operat-
ed in conformance with such rea-
sonable conditions as may be im-
posed by the Board of Adjus t-
ment, satisfies the following crite-
ria:
i. The proposed location, design,
construction and operation of
the particular use adequately
safeguards the health, safety
and general welfare of persons
residing in the adjoining or
surrounding residential area.
ii. The business uses landscaping,
walls or structures to prevent
any noise, vibration or light
generated by the business
from having a significant det-
rimental impact upon the ad-
joining residential or protected
uses.
iii. The business will not unduly
increase congestion on the
streets in the adjoining resi-
dential area.
iv. The operation of the business
will not constitute a nuisance.
b. Any Special Permit so granted by
the Board of Adjustment shall be
subject to the following general
conditions, together with any ad-
ditional special conditions re-
quired by the Board of Adjust-
ment as appropriate:
i. Any parking area provided for
the use of customers of the
business shall be illuminated
to appropriate standards
found in the City of Waterloo
Municipal Code. Parking lot
lighting shall be directed away
from nearby residential prop-
erties and city streets.
ii. The business shall comply
with the City of Waterloo Mu-
nicipal Code pertaining to
noise control.
iii. Attractive litter and trash re-
ceptacles shall be located at
convenient locations inside
and outside the premises.
iv. The Special Permit is subject to
amendment or revocation if
the operation of the business
becomes a nuisance or exhibits
a pattern of violating the con-
ditions set forth in the Special
Permit.
v. If the zoning officer deter-
mines at any time that the op-
eration of such a business ex-
hibits a pattern of violating the
conditions set forth in the Spe-
cial Permit, the zoning officer
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153
may apply to the Board of A d-
justment to reconsider the is-
suance of the special use per-
mit for such business. A copy
of such application to recon-
sider and notice of the hearing
before the Board of Adjust-
ment on such application shall
be provided to the owner of
such business at least ten days
in advance and shall also be
provided to all owners of rec-
ord of property within two
hundred fifty (250) feet of the
subject property. If the Board
of Adjustment finds that the
operation of such business ex-
hibits a pattern of violating the
conditions set forth in the Spe-
cial Permit, the Board of Ad-
justment shall have the author-
ity to amend or revoke the
special use permit. [Ordinance
4976, 11/23/09]
c. The purpose and intent of these
special permit regulations is to
avoid undue concentration of cer-
tain alcohol sales uses, to mitigate
the secondary effects of certain al-
cohol sales uses, to preserve and
protect neighborhoods from dete-
rioration and loss of property va l-
ue due to incompatible uses, and
otherwise to promote the general
purposes of the zoning ordinance.
Except in the “C-3” District, the
provisions of this subsection 15
shall apply in addition to any oth-
er zoning district regulations and
requirements in which the land
may be classified. In the case of
conflict, the most restrictive provi-
sions shall govern, except as oth-
erwise expressly provided in this
subsection.
16. Religious facilities.
17. Non-profit institutions of a philan-
thropic or educational nature, includ-
ing libraries but excluding philan-
thropic professional offices in the “R-
4” Multiple Residence District or less
restrictive district. Also private clubs,
fraternities, sororities and lodges.
18. Commercial mining and extraction of
minerals or raw material, including
sand or gravel pits or borrow sites.
19. Mini-storage or storage rental devel-
opment when in a “C-2” District.
20. Towers including wireless communi-
cations and wind generation devices,
except as provided in Sections 10-27-
1(B)(4), 10-27-1(D), and 10-27-1(T).
21. Kennels.
22. Public utility structures and equip-
ment necessary for the operation
thereof except as provided in Section
10-27-1(S).
23. Contractor Businesses when including
equipment yards and when located in
a “C-2” or “C-3” District.
24. Off-Premise Advertising Signs and
Billboards, when exceeding 300
square feet.
25. Farm animals, livestock and special-
ized animal farms, excluding horses
and in other than an “A-1” District.
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 shall find that a
proposed operation would be con-
sistent and compatible with existing
and future surrounding land uses. Fu-
ture land uses shall be reviewed based
on the designation of property on the
Future Land Use Map, a component
of the City of Waterloo Comprehen-
sive Plan.
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154
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 dete r-
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). [Ordinance 5648, 6/20/22]
30. Utility scale solar farms of 750 kilo-
watt or larger. [Ordinance 5648,
6/20/22]
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 Co m-
mission, which shall be given forty-five (45)
days in which to make a recommendation
regarding the effect of such proposed build-
ing or use upon the character of the neigh-
borhood, traffic conditions, public utility fa-
cilities and other matters pertaining to the
general welfare. No action shall be taken up-
on any application for a proposed building or
use above referred to until and unless the
Commission has made recommendation. [Or-
dinance 3918, 1/11/93][Ordinance 5648, 6/20/22]
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) pe r-
cent of the floor area of all existing or ap-
proved principal buildings. A change from
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
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155
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 pr o-
posed change and it’s compatibility to the ex-
isting development and surrounding deve l-
opment, as well as impact on the neighbo r-
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 esta b-
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 requir e-
ments to the Board of Adjustment, where su f-
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 O r-
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 ave r-
ages, the lot or lots to be subdivided and any
lot with other than a one or two family res i-
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 [Ordinance 5648,
6/20/22] shall not be included. Buildable va-
cant 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 purposes only
and divisions for zero lot line row dwellings
shall not be subject to this provision. All lots
including the original lot or lots so subdivid-
ed must meet all other applicable yard r e-
quirements. [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-
imum rear yard, provided that a min-
imum of ten (10) feet rear yard is still
provided.
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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 r e-
quirements.
Utility scale solar farms of 750 kilowatt or
larger size may be allowed in any zoning dis-
trict upon approval of a Special Permit by the
Board of Adjustment after recommendation
of the Commission. [Ordinance 5648, 6/20/22]
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 add i-
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 City
Planner [Ordinance 5648, 6/20/22]. In-
cluded 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-
trary to the program of neighborhood
conservation or improvement, either
residential or non-residential, and that
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157
all applicable regulations of this Ordi-
nance will be observed.
2. Any such adult use which at the time
of the adoption of Ordinance 2479,
adopted 02/03/69, or amendment or
replacement thereto, becomes non-
conforming may continue in business
subject to the regulations of a non -
conforming use.
3. Such non-conforming establishment
shall not increase, enlarge, expand, ex-
tend or alter such land area, building,
or structure involved in such estab-
lishment except by changing the use
to another use which is permitted in
that zoning district by the terms of the
Zoning Ordinance. If the owner of the
non-conforming establishment desires
to increase, enlarge, expand extend or
alter such land area, building or struc-
ture involved in such establishment,
the owner shall be required to apply
for a Special Permit under the provi-
sions of the Zoning Ordinance.
4. In determining whether an adult use
is non-conforming, especially in rela-
tion to another adult use, the Board
shall take into account the length of
time that said adult use has been op-
erating at its present location and
shall consider the oldest adult use as a
conforming use.
O. Towers and Wireless Communica-
tion Facilities.
[Ordinance 4321, 9/14/98]
[Ordinance 4541, 3/11/02]
1. Purpose. The special provisions of
this Section are intended to regulate
the location of new communication
towers and antennas. The Telecom-
munications Act of 1996 restructured
and deregulated many aspects of the
country’s communication industry.
New telecommunication providers en-
tering the market desire to build a
network that can require additional
freestanding communication towers
as well as antennas mounted on exist-
ing buildings and other structures.
It is the desire of the City of Waterloo
to encourage an aesthetically pleasing
local environment. It is also the intent
of the City to encourage the expansion
of wireless technology, because it
provides a valuable service to resi-
dents and businesspersons in the city.
It is not the City’s goal to unreasona-
bly discriminate among providers of
functionally equivalent services; and
to not have the effect of prohibiting,
either directly or indirectly, the provi-
sions of personal wireless services. It
is the goal to encourage wireless pro-
viders to construct new facilities dis-
guised as public art pieces, as natural
vegetation, or to mount antenna on
buildings in a way that blends archi-
tecturally with the built environment.
In accordance with applicable zoning
regulations, any request to place, con-
struct, or modify personal wireless
service facilities shall be acted on
within a reasonable time after the re-
quest is duly filed with the proper
City office, taking into account the na-
ture and scope of each request. Any
decision to deny a request to place,
construct, or modify personal wireless
service facilities shall be in writing
and supported by substantial evi-
dence contained in a written record.
a. Goals.
i. To minimize the adverse visu-
al effects of communication
structures through careful de-
sign, siting, locating, and
screening;
ii. To locate and engineer com-
munications support struc-
tures to mitigate potential
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158
damage to adjacent properties
from structural failure;
iii. To allow for the reasonable lo-
cation and efficient use of
communication structures
through co-location of carriers;
and
iv. To preserve and improve the
peace, safety, health, welfare,
comfort, and convenience of
the citizens of the City of Wa-
terloo.
b. Regulation of All Towers. Towers
exceeding fifty (50) feet above
grade, including wireless commu-
nication towers and facilities, shall
be allowed upon approval of a
Special Permit by the Board of Ad-
justment after recommendation of
the Commission, except as pro-
vided in this Section. Wireless
communication towers not ex-
ceeding fifty (50) feet shall be al-
lowed upon approval of a Special
Permit by the Board of Adjus t-
ment after recommendation of the
Commission, except as provided
in this Section. Wind energy facili-
ties shall be regulated by Section
10-27-1(S). [Ordinance 5395,
04/10/17]
2. Definitions, as used in this Chapter.
a. “Multiple use facilities (Co-location
effort)” - Wireless communication
facilities that are shared with other
existing or newly constructed us-
es, such as, but not limited to,
sports field lights, retail business
highway signs, flag poles, or other
shared competing communica-
tions facilities.
b. “Monopoles” - A self-supporting,
cylindrical, metallic pole used as a
communications support structure
and engineered to support more
than one communications carrier
in exchange for a rental fee.
c. “Camouflage Design” - Camouflage
design is a term describing a piece
of art, or an architectural structure
or element, that functions as a
communications facility and aes-
thetically blends with the sur-
rounding historical or aesthetical-
ly-sensitive environment. Exam-
ples of camouflage design include,
but are not limited to, flag poles,
clock towers, monuments, and
church steeples. Camouflage de-
sign also applies in the architec-
tural integration of communica-
tion facilities onto existing build-
ings, sports field lights, highway
signs, water towers, etc. All such
designs are subject to review and
approval of the communications
carrier, the landlord, and the
Planning staff. If deemed to be of
major significance, the request
would be contingent upon final
approval by the Board of Adjust-
ment, after review by the Com-
mission. The camouflage design
of new freestanding wireless
communication towers must be
accessory in design to the princi-
pal use of the site. For example, a
new tower on a church site would
need to be designed to appear as a
steeple tower, cross, etc. A new
tower on a school or park field
would need to appear as a new
field lights structure, etc. This is
aimed to further disguise the ap-
pearance of wireless communica-
tion structures.
d. “Structure height” - The vertical
distance measured from the base
of the antenna support structure at
grade to the highest point of the
structure. If the support structure
is on a sloped grade, then the av-
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159
erage between the highest and
lowest grades of the cell site shall
be used in calculating the height.
e. “Communications structure” - Any
tower or any other structure that
supports devices used in the
transmission or reception of mi-
crowave energy, analog data
transfer techniques, radio frequen-
cy energy, and other digital data
transfer techniques.
f. “Communication structure site” - A
tract or parcel of land that contains
the wireless communication struc-
ture, accessory building(s), and
parking, and may include other
uses associated with and neces-
sary for wireless communication
and transmission.
g. “Tall structure” - Any structure the
top of which is more than fifty (50)
feet above grade.
h. “Minimum height” - The lowest
vertical distance at which the
structure can still operate at an ef-
ficient level of service. An efficient
level of service is deemed to be
95% or greater of possible opera-
tive levels.
i. “Effectively screened”- An area of
planting which provides an effec-
tive visual barrier. For a single
row the screen shall consist of
spruce, firs, or pines spaced at a
maximum spacing of 15 feet or a
double staggered row of spruce,
firs, or pine spaced at a maximum
spacing of 20 feet within each row;
for arborvitae and juniper the
spacing shall be a double stag-
gered row with maximum spacing
of 10 feet within each row, or a
single row with maximum spacing
of 6 feet.
j. “Significance, Minor” - Requests
meeting the criteria as described in
the Process Section 3a. Also, in
compliance with the Design
Standards.
k. “Significance, Major” - Requests
meeting the criteria as described in
the Process Section 3b. Also, any
deviation from the Design Stand-
ards may classify a formerly minor
significant request to this stature.
Such decision is up to the discre-
tion of the City Planner and
his/her designee.
3. Process.
a. Minor significance. The proposed
structure shall be subject to staff
review by the City Planner and
his/her designee, if any of the fol-
lowing are true:
i. Agricultural and Industrial
zoning classifications
(a) All proposed structures to
be constructed using cam-
ouflage design, to visually
disguise them or architec-
turally integrate them from
the public view and their
surroundings.
(b) All proposed structures co-
located onto an existing
communications facility or
structure at least 50 feet in
height.
(c) All proposed structures set
back 1.5 times the height of
the tower from the nearest
property line and are of
monopole design.
ii. Commercial zoning classifica-
tions
(a) All proposed structures to
be constructed using cam-
ouflage design, to visually
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160
disguise them or architec-
turally integrate them from
the public view and their
surroundings.
(b) All proposed structures co-
located onto an existing
communications facility or
structure equal to or great-
er than 50 feet in height.
iii. Residential zoning classifica-
tions
(a) All proposed structures to
be constructed using cam-
ouflage design, to visually
disguise them or architec-
turally integrate them from
the public view and their
surroundings. Such struc-
tures must be located at
least twice the tower
height from any 1 or 2 fam-
ily dwelling lot (except if
said dwelling lot is in an
industrially zoned district).
[Ordinance 5395, 04/10/17]
(b) All proposed structures co-
located onto an existing
communications facility or
structure equal to or great-
er than 50 feet in height
utilizing camouflage,
stealth, and/or flush
mount design. [Ordinance
5395, 04/10/17]
b. Major significance. The proposed
structure shall require review by
the Commission contingent upon
final approval by the Board of Ad-
justment, if any of the following
are true:
i. Agricultural and Industrial
zoning classifications
(a) Lattice or guyed design
towers as specified in Sec-
tion 6d as contained here-
in.
ii. Commercial zoning classifica-
tions
(a) Any structure not employ-
ing camouflage design or
co-located upon an existing
communications facility or
structure equal to or great-
er than 50 feet in height.
iii. Residential zoning classifica-
tions or uses
(a) Any structure not employ-
ing camouflage design
and/or located twice the
tower height from any 1 or
2 family dwelling lot.
4. Where Permitted. The proposed
structure is classified as a permitted
use, upon approval as noted above in
Sections 3a and 3b, if any of the fol-
lowing are true:
a. Agricultural and Industrial zoning
classifications and any other spe-
cific plans allowing such uses:
i. Communication structures are
not permitted within 150 feet
of an interstate or state high-
way. [Ordinance 5395, 04/10/17]
ii. When mounted on a building
and architecturally integrated
into an existing structure
and/or multiple use facilities.
iii. When designed with camou-
flage design.
b. Residential and Commercial zon-
ing classifications and specific
plans allowing such uses:
i. When mounted on a building
and architecturally integrated
into an existing structure
and/or multiple use facilities.
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161
ii. When designed with camou-
flage design.
5. Design Standards. The proposed
structure must comply with the fol-
lowing provisions prior to the issu-
ance of any permits.
a. Necessity. The wireless commu-
nications company shall demon-
strate that the antenna must be lo-
cated where it is proposed in or-
der to satisfy the antenna’s func-
tion in the company’s grid system.
b. Co-location Effort. If the wireless
communications company pro-
poses to build a tower (as opposed
to mounting the antenna on an ex-
isting structure), it shall demon-
strate a reason of substantial na-
ture describing the inability to co-
locate. This demonstration shall
utilize one or more of the follow-
ing criteria to satisfactorily illus-
trate why co-location on an exist-
ing structure is infeasible:
i. Structural Infeasibility. The
wireless communications
company shall provide a struc-
tural analysis to show the
structural loading, minimum
height, available space on the
existing structure, or available
ground space at the proposed
site is inadequate to serve its
needs for a viable communica-
tions structure site.
ii. Engineering Infeasibility. The
wireless communications
company shall provide engi-
neering studies to show that
the existing structure cannot
be satisfactorily engineered to
meet the coverage and/or ca-
pacity demands of its custom-
ers or function in its grid sys-
tem.
iii. Economic Infeasibility. Co-
location on an existing struc-
ture is an incentive to, and is in
the economic best interest of,
each wireless communication
company as co-location reduc-
es the cost to deploy each
communication site. Where
negotiation to co-locate on an
existing structure fails, the
wireless communications
company shall provide evi-
dence, to include written as-
surances in the form of affida-
vits, that it could not obtain
permission from owners of
structures within a quarter
(1/4) mile radius of the pro-
posed site to install its anten-
nas on those structures.
The Zoning Board of Adjustment
may deny the permit if it con-
cludes that the applicant has not
made a good faith effort to mount
the antenna on an existing struc-
ture or for any other reason within
the scope of the Board of Adjust-
ment’s authority.
c. Structure Height. The applicant
shall demonstrate, to the reasona-
ble satisfaction of the Commission
and the Board of Adjustment, that
the structure is the minimum
height required to function satis-
factorily while simultaneously
providing adequate structural
height for possible co-locators.
The Board of Adjustment has the
right to deny any structures above
the determined height unless oth-
erwise shown the structure would
be inoperable.
d. Setbacks From Base of Structure.
The minimum distance between
the base of the structure or any
guy anchors and any property line
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162
shall be the largest of the follow-
ing:
i. Fifty (50%) percent of antenna
height.
ii. The minimum setback in the
underlying zoning district.
iii. Sixty (60) feet.
iv. Twice the tower height from
any 1 or 2 family dwelling lot
(except if said dwelling lot is in
an industrially zoned district).
[Ordinance 5395, 04/10/17]
v. Any new tower structures
built upon land owned by the
city, state, public schools, or
other public entity may in-
clude the street right-of-way in
its setback requirements to fur-
ther promote any necessary
construction of such facilities
to go onto larger tracts of pub-
lic land to allow for greater
separation from residential us-
es and to further benefit the
community as a whole
through the generation of
funds.
e. Structure Safety. The applicant
shall demonstrate through proof
of insurance, compliance with set-
back requirements, and submittal
of engineering studies, that the
proposed structure is safe, accord-
ing to the Electronic Industries
Association Standards (EIA
Standard 222 in regards to stru c-
tural standards for steel antenna
towers and antenna support struc-
tures) for its design, according to
1996 FCC Regulations in terms of
radio frequency transmissions,
and the surrounding areas will not
be negatively affected by structure
failure. All support structures
shall be fitted with anti-climbing
devices, as approved by the manu-
facturers. Any such failure or in-
terference shall be the responsibil-
ity of the applicant to remedy.
f. Fencing and Landscaping. An
opaque fence shall be installed
around the antenna support struc-
ture and other equipment, unless
the antenna is mounted on an ex-
isting structure or camouflage de-
sign is employed. The fence shall
be a minimum of six (6) feet in
height and serve to screen the base
of the structure and improve secu-
rity. No such fence may use
barbed wire closer than six (6) feet
to the ground. Said fencing shall
be effectively screened on the out-
side (as defined in this Section).
g. Co-location. In order to reduce
the number of communication
structures in the community, the
proposed structure shall be re-
quired to accommodate other us-
ers, including other wireless
communication companies, and
local police, fire and ambulance
companies.
h. FCC License. The wireless com-
munication company shall pro-
vide proof that it is licensed by the
Federal Communications Com-
mission to conduct business in the
Waterloo market.
i. Required Parking. If the commu-
nication structure site is fully au-
tomated, adequate parking shall
be required for maintenance
workers. If the site is not auto-
mated, the number of required
parking spaces shall equal the
number of people on the maxi-
mum working shift. Structures
must be constructed of a material
compatible with existing abutting
property building unless specifi-
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163
cally proven to be unattainable.
This is to reduce the visual impact
of the structure and create an ap-
pearance which is compatible and
harmonious with the surround-
ings.
j. Painting. Antenna support struc-
tures shall be painted, if deter-
mined necessary in process of re-
quest, in such a manner as to re-
duce the visual impact and create
a harmonious appearance with
their surroundings.
k. Site Plan. A full site plan shall be
required for all communication
structure sites, showing the struc-
ture, antenna, antenna support
structure, building, fencing, buff-
ering, existing and proposed utili-
ties, and access. [Ordinance 5395,
04/10/17]
l. Air Safety. All structures will be
in compliance with the City of Wa-
terloo Airport Ordinance and
meet the guidelines for an Federal
Aviation Administration Determi-
nation (of no hazard).
6. Other Design Requirements.
a. Support facilities such as equip-
ment rooms and cabinets and cel-
lular switching devices shall be
designed to match the architecture
of adjacent buildings. In the event
the wireless company chooses not
to house support facilities such as
equipment rooms and cellular
switching devices, the facility shall
be screened from public view by
walls, trellises, landscaping, or
similar treatments.
b. No chain link fence associated
with any wireless communication
facility is permitted unless effec-
tively screened as defined in this
Section.
c. Temporary poles may be permit-
ted for a period of up to six
months, subject to review and ex-
tension, if an application for a
permanent facility has been filed
and the necessity for temporary
service can be proven to the satis-
faction of the City. Final approval
of a temporary facility shall be
subject to the review and approval
as defined in the process Section.
d. Lattice towers shall not be permit-
ted anywhere in the City unless
located in an Agricultural zone,
designated in the Long Range
Land Use Plan for industrial use,
or an Industrial zone. These tow-
ers shall be constructed with a set-
back from any right-of-way lines,
property lines, or residential dis-
tricts which shall be equal to or
greater than 1.5 times the height of
the tower.
e. All utilities associated with wire-
less communication facilities shall
be underground unless demon-
strated by the company that the
local utility company has deter-
mined that it is impractical. This
regulation applies only in residen-
tial or commercial zoning classifi-
cations.
f. The facility operator or property
owner shall be responsible for
maintaining the facility in good
appearance, which shall include
but not be limited to, regular
cleaning of the facility, keeping the
facility painted as needed, keeping
bird nests and other similar items
clear of the antenna area, and all-
around maintenance of the facility.
g. Any proposed free standing tower
structure to be located within pub-
lic street right-of-way shall go
through the Commission for a rec-
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SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
164
ommendation to the Board of Ad-
justment, as a Special Permit.
Such a request will require a noti-
fication by staff to all surrounding
property owners within two hun-
dred fifty (250) feet from the base
of the tower. Any proposed free
standing tower structure to be lo-
cated within public street right-of-
way shall be reviewed to ensure
minimal adverse visual effects of
the structure through careful de-
sign, siting, and locating to ensure
compatibility with surrounding
uses, and shall be reviewed to en-
sure it will not interfere with exist-
ing or anticipated future utility or
transportation needs. Co-location
of wireless communication facili-
ties on existing structures within
public street right-of-way may be
reviewed under minor signifi-
cance, but will still be reviewed to
ensure minimal adverse visual ef-
fects of the structure through care-
ful design, siting, and locating to
ensure compatibility with sur-
rounding uses, and will still be re-
viewed to ensure it will not inter-
fere with existing or anticipated
future utility or transportation
needs. The City Planner may de-
termine any such facility to be a
major significance. [Ordinance
5395, 04/10/17]
7. Abandonment.
a. All approvals for wireless com-
munication facilities shall be in ef-
fect only while the facilities are be-
ing operated on a continual basis.
When the use is replaced or dis-
continued for a period of six
months, the approvals will lapse;
and the operator or property own-
er shall be required to remove the
facility and all associated equip-
ment and restore the property to
its original or otherwise acceptable
condition, subject to the approval
of the City Planner or his/her de-
signee.
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165
10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
166
P. Buffers Required.
[Ordinance 3050, 10/1/79]
[Ordinance 4724, 9/20/04]
It shall be recognized that the transition
from one district to another district of con-
trasting and conflicting uses is across a barri-
er and line in theory. Therefore, it shall be
the intent of this article to require the actual
provision of physical barrier so as to reduce
any possible harmful or detrimental influence
one district may or may not have to an abu t-
ting or contrasting or conflicting use.
The following conditions shall require a
buffer between abutting districts:
1. All "C" Districts which abut any "R-1"
or "R-2" District shall be buffered as
required in this article.
2. All "M" Districts which abut any "C-1"
or any "R" District shall be buffered as
required in this article.
Buffers required under the provisions of
this article or elsewhere in this Ordinance
shall be accomplished by any one or ap-
proved combination of the following
methods:
1. Buffer Wall. Such wall shall not be
less than six (6) feet in height, con-
structed of a permanent, low mainte-
nance material such as concrete block,
cinder block, brick, concrete, precast
concrete, title block, etc. The wall
shall be designed for both structural
adequacy and aesthetic quality. The
use of weather resistant wood, metal
or manufacturing substitutes may be
used as an accessory material for aes-
thetic quality.
2. Buffer Park. Such park shall not be
less than forty (40) feet in width, de-
signed and landscaped in an aesthetic
manner.
Predominant planting shall be of eve r-
green type trees, shrubs and plants so as to
assure year-round effectiveness; density and
height of planting shall be adequate to serve
as an effective visual screen.
The burden or provision and selection of
the buffers shall be as follows:
1. Where two (2) different districts re-
quiring a buffer between them are
both in existing improved condition,
the above requirement is not retroac-
tive and should a buffer be desired it
shall be by mutual agreement be-
tween property owners or as othe r-
wise provided by law. However, in
the event that any or all of the im-
proved property is abandoned, d e-
stroyed, demolished, etc. for the pur-
pose of renewal, redevelopment, etc.,
that portion of such property being
renewed, redeveloped, etc. shall be
considered vacant land subject to the
requirements herein.
2. Where one of the two (2) different dis-
tricts requiring a buffer between them
is partially developed, the developer
of the vacant land shall assume the
burden.
3. Where both districts requiring a buffer
between them are vacant or undevel-
oped except for agricultural use, the
burden shall be assumed by the de-
veloper as the land is improved or de-
veloped.
Where the line between two (2) districts
requiring a buffer follows a street right-of-
way, railroad, stream, or other similar barrier,
the requirement for a buffer may be waived
by the City Planner or designee, provided
such waiver does not permit the exposure of
undesirable characteristics to public view.
Q. Alcohol Sales Uses.
1. Classification. Except in the “C-3”
District, all alcohol sales uses, whether
existing or proposed, shall be classi-
fied by the City Planner or designee as
one of the specific types enumerated
in Section 10-3-1 under “alcohol sales
10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
167
uses.” All alcohol sales uses shall be
classified according to current stand-
ards pertaining to percentage of sales
and retail floor space. For any alcohol
sales use that existed before adoption
of Ordinance 4976 on 11/23/2009,
where insufficient information is
available for a determination between
a limited or non-limited alcohol sales
use according to current standards,
the use shall be classified as a limited
alcohol sales use and shall be subject
to all of the requirements pertaining
to such uses. For establishments that,
before adoption of Ordinance 5126 on
8/20/2012, had agreed to classifica-
tion as a limited alcohol sales use un-
der previous standards but would
now be classified under current
standards as a non-limited alcohol
sales use, such establishments shall
continue to be classified as a limited
alcohol sales use and shall have until
June 30, 2013 to conform to current
standards for a limited alcohol sales
use. Any business requesting classifi-
cation as a non-limited alcohol sales
use shall provide adequate documen-
tation for such a determination. Ad e-
quate documentation may consist of,
but shall not be limited to, forms filed
with the Iowa Alcoholic Beverages
Division, federal and State of Iowa in-
come tax returns, sales register or
point-of-sale system reports, income
statements, and/or other information
certified as true and correct by a li-
censed public accountant or a certified
public accountant. Any information
provided by the business shall be cer-
tified by the business as true, correct
and complete under penalty of pe r-
jury.
2. Drive-Up Windows.
a. No business that is an alcohol
sales use shall construct, open or
install any drive-through or walk-
up window or any similar drive-
up or drive-in system, except that
a pharmacy may have such a sys-
tem provided that no alcoholic
beverages may be sold or dis-
pensed through same, and except
that a grocery store may have such
a system as a convenience for
loading merchandise into a vehicle
only if the customer made the
purchase inside the premises of
the grocery store.
b. If an application has been filed for
a new license or permit to sell or
dispense alcoholic beverages with
respect to a premises that is not
classified as an alcohol sales use at
the time of application or has not
been classified as such within the
preceding three (3) months, and if
the premises is equipped with a
drive-through or walk-up window
or any similar drive-up or drive-in
system, then the application will
not be approved until any opening
that is part of such window or sys-
tem is permanently closed and the
exterior thereof has been finished
to conform in materials and ap-
pearance as closely as reasonably
possible to the remainder of the
exterior of the premises.
R. Limited Alcohol Sales Uses.
[Ordinance 4976, 11/23/09]
1. Audits. Pursuant to the authority
vested in the City by Section 123.39 of
the Iowa Code and in furtherance of
the City’s prerogative to regulate the
location of alcohol sales uses for the
health, welfare and morals of the
community, any limited alcohol sales
use is subject to the requirements of
this Section. Upon request of the po-
lice chief or designee at any time, but
not more frequently than semi-
annually, a business that is a limited
10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
168
alcohol sales use shall provide such
information as the police chief or de-
signee may, in his reasonable discre-
tion, require as proof that the business
satisfies the conditions for the appro-
priate category of a limited alcohol
sales use. Proof may consist of, but is
not limited to, forms filed with the
Iowa Alcoholic Beverages Division,
federal or State of Iowa income tax
forms, sales register or point-of-sale
system reports, income statements,
and/or other information certified as
true and correct by a licensed public
accountant or a certified public ac-
countant. The accountant shall pre-
pare a verified statement that ident i-
fies the total dollar volume of all sales
and the total dollar volume of sales
derived from each specific category of
goods or services described in the ap-
plicable “limited alcohol sales use”
definition, such as, for purposes of il-
lustration only, alcohol, tobacco pro d-
ucts, pumped vehicle fuel, and pre-
pared foods. Any information pro-
vided by the business shall be certified
by the business as true, correct and
complete under penalty of perjury. If
the business fails to provide the re-
quested information within thirty (30)
days after request, then such business
shall be deemed to be an unlawful use
and shall be subject to the enforce-
ment provisions of this Ordinance. If
audit of the provided information in-
dicates that the business fails to satisfy
the conditions to qualify as the ap-
propriate category of a limited alcohol
sales use, either on the basis of the
preceding twelve (12) months viewed
as a whole or the most recent three (3)
months viewed as a whole, then such
business may be deemed to be an un-
lawful use and may be subject to the
enforcement provisions of this Ordi-
nance. If the audit demonstrates that
the business exceeds by more than ten
(10) percent any of the numerical
standards of the appropriate category
of a limited alcohol sales use, then the
use shall be deemed a nuisance and
the business shall pay all cost and ex-
pense of the audit. The city clerk shall
demand reimbursement for the audit
costs and expenses by mailing written
demand for reimbursement to the
owner. Notice shall be by ordinary
mail. Said demand shall be due and
payable upon mailing and shall be-
come delinquent if not paid within
thirty (30) days of the date of mailing
the notice. Without prejudice to any
other available methods of collection,
any delinquent amounts may be as-
sessed against the property for colle c-
tion in the same manner as a property
tax, as provided in state law. The au-
dit requirements of this subsection are
in addition to any affidavit or agre e-
ment that may be required by the City
Planner or designee with respect to
the status of the business within the
appropriate category of a limited al-
cohol sales use.
2. Renewal certifications. In connection
with any application for renewal of a
liquor control license or permit, the
business shall certify on forms ac-
ceptable to the City Planner or de-
signee that it continues to meet, ac-
cording to current standards pertain-
ing to percentage of sales and retail
floor space, the requirements for clas-
sification as the appropriate category
of limited alcohol sales use.
S. Utility Exemption.
With the exception of the Floodway and
Floodplain Overlay Districts, public utilities,
as herein defined, shall be considered Princi-
pal Permitted Uses in all Districts under this
Ordinance and shall be subject to the Special
Permit process described in Section 10-27-1
(H), as well as the requirements of the appro-
priate district. Public utility equipment or
10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
169
structures such as poles (excluding towers),
wires, cables, conduits, streets, railroads in-
cluding railroad spurs, trails, driveways,
bridges, culverts, etc. are exempt from the
Special Permit process. Other public utility
structures, including buildings, power gener-
ation facilities, substation facilities, and other
similar uses or structures shall not be exempt
from the Special Permit process unless oth-
erwise provided by law or unless located in a
Planned District including the “R-P”, “S-1”,
“C-P”, “B-P” and “M-2,P” Districts. Towers
shall be regulated by Sections 10-27-1(B)(4),
10-27-1(O), and 10-27-1(T).
T. Wind Energy Facilities.
1. Applicability
a. The requirements of this subsec-
tion T shall apply to all wind en-
ergy facilities (large and small) for
which an application for a Special
Permit or building permit has
been submitted to the City of Wa-
terloo after the effective date of
this subsection T. No such wind
energy facility shall be constructed
after the effective date of this sub-
section T except in compliance
with this subsection T.
b. Wind energy facilities for which a
required permit has been properly
issued prior to the effective date of
this subsection T shall not be re-
quired to meet the requirements of
this subsection T; provided, how-
ever, that any such pre-existing
wind energy facility which does
not provide energy for a continu-
ous period of twelve (12) months
shall meet the requirements of this
subsection T prior to recommenc-
ing production of energy. How-
ever, no modification or alteration
to an existing wind energy facility
shall be allowed unless in compli-
ance with this subsection T.
2. Purpose
a. The purpose of this subsection T is
to provide a regulatory means for
the construction and operation of
large and small wind energy facili-
ties in the City of Waterloo, subject
to reasonable restrictions, which
will preserve the public health,
safety, and welfare. The City of
Waterloo adopts these provisions
to promote the effective and effi-
cient use of the City’s wind energy
resource.
3. Findings
a. The City of Waterloo finds and
declares that:
i. Wind energy is an abundant,
renewable and nonpolluting
energy resource of the City
and its conversion to electricity
may reduce dependence on
nonrenewable energy sources
and decrease the air and water
pollution that results from the
use of conventional energy
sources.
ii. The generation of electricity
from properly sited wind en-
ergy facilities, including small
systems, can be cost effective
and in many cases existing
power distribution systems
can be used to transmit elec-
tricity from wind-generating
stations to utilities or other us-
es, or energy consumption at
that location can be reduced.
iii. Regulation of the siting and
installation of wind energy fa-
cilities is necessary for the
purpose of protecting the
health, safety, and welfare of
neighboring property owners
and the general public.
10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
170
iv. Wind energy facilities repre-
sent significant potential aes-
thetic impacts because of their
size, lighting, and shadow
flicker effects, if not properly
sited.
v. If not properly sited, wind en-
ergy facilities may present
risks to the property values of
adjoining property owners.
vi. Wind energy facilities may be
significant sources of noise,
which, if unregulated, can
negatively impact adjoining
properties.
vii. Without proper planning, con-
struction of wind energy facili-
ties can create traffic problems
and damage local roads.
viii. If not properly sited, wind en-
ergy facilities can interfere
with various types of commu-
nications.
4. Definitions
a. As used in this subsection T, the
following terms are hereby de-
fined
i. Decommissioning: The pro-
cess of use termination and
removal of all or part of a large
wind energy facility by the
owner or assigns of the large
wind energy facility.
ii. FAA: The Federal Aviation
Administration.
iii. Facility Owner: The entity or
entities having an equity inter-
est in the wind energy facility,
including their respective suc-
cessors and assigns.
iv. Hub Height: When referring
to a wind turbine, the distance
measured from ground level to
the center of the turbine hub.
v. MET Tower: A meteorological
tower used for the measure-
ment of wind speed.
vi. Site: The parcel(s) of land
where a wind energy facility is
to be placed. The site can be
publicly or privately owned by
an individual or group of indi-
viduals controlling single or
adjacent properties. Where
multiple lots are in joint own-
ership or control, the com-
bined lots shall be considered
as one for purposes of apply-
ing setback requirements.
vii. Total Height: When referring
to a wind turbine, the distance
measured from ground level to
the blade extended at its high-
est point.
viii. Use Termination: The point in
time at which a wind energy
facility owner provides notice
to the City of Waterloo that the
wind energy facility or indi-
vidual wind turbines are no
longer used to produce elec-
tricity unless due to a tempo-
rary shutdown for repairs.
Such notice of use termination
shall occur no less than 30
days after actual use termina-
tion.
ix. Wind Energy Facility, large: A
facility that generates electrici-
ty or performs other work con-
sisting of one or more wind
turbines under common own-
ership or operating control,
and includes substations, MET
towers, cables/wires and other
buildings accessory to such fa-
cility, whose main purpose is
to supply electricity to off-site
customers. It also includes
any wind energy facility not
10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
171
falling under the definition of
a small wind energy facility.
x. Wind Energy Facility, Small:
A wind energy system that
generates electricity or per-
forms other work, has a hub
height of one hundred twenty
(120) feet or less or is affixed to
an existing structure, has a
power output rated capacity of
100 kilowatts or less, and is in-
tended to primarily reduce the
on-site consumption of elec-
tricity. Any wind energy facili-
ties not falling under this defi-
nition shall be deemed a large
wind energy facility.
xi. Wind Farm: Two or more
wind turbines under common
ownership or control.
xii. Wind Turbine: A wind energy
conversion system which con-
verts wind energy into electric-
ity through the use of a wind
turbine generator, and in-
cludes the turbine, blade, tow-
er, base, and pad.
5. Regulatory Framework
a. Large wind energy facilities may
only be constructed in areas that
are zoned “A-1” Agricultural Dis-
trict, “M-2” Heavy Industrial Dis-
trict, and “M-2,P” Planned Indus-
trial District upon approval of a
Special Permit by the Board of Ad-
justment after recommendation of
the Commission.
b. Small wind energy facilities may
be constructed in any zoning dis-
trict as either a principal or acces-
sory use. Small wind energy facil-
ities that are constructed as an a c-
cessory use to a Principal Permit-
ted Use, and meet the setback,
height, and power output re-
quirements of this subsection T,
shall not require Special Permit
approval and shall only require
building permit approval. All
small wind energy facilities that
are constructed as a Principal
Permitted Use, or small wind en-
ergy facilities that do not meet the
setback, height, or power output
requirements of this subsection T,
shall require Special Permit ap-
proval.
c. Application for a Special Permit, if
required, for a large or small wind
energy facility shall be submitted
with the following information:
i. A properly filled out and
signed application.
ii. A signed statement indicating
that the applicant has legal au-
thority to construct, operate,
and develop the wind energy
facilities under state, federal
and local laws and regulations,
including Federal Aviation
Administration (FAA), Federal
Communications Commission
(FCC), and state and local
building codes.
iii. A description of the number
and kind of wind energy facili-
ties to be installed.
iv. A description of the large or
small wind energy facilities’
height and design, including a
cross section, elevation, and
diagram of how the wind en-
ergy facilities will be anchored
to the ground, prepared by a
professional engineer licensed
in the State of Iowa.
v. A statement from the applicant
that all wind energy facilities
will be installed in compliance
with manufacturer’s specifica-
10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
172
tions, and a copy of those
manufacturer’s specifications.
vi. A signed statement from the
landowner(s) of the site stating
that he/she will abide by all
applicable terms and condi-
tions of this subsection T and
the Special Permit, if ap-
proved.
vii. A statement indicating what
hazardous materials will be
used or stored on the site, and,
how those materials will be
stored.
viii. A statement indicating how
the wind energy facility will be
lit, if applicable.
ix. For small wind energy facili-
ties, a site plan showing the
parcel boundaries and a legal
description, support facilities,
access, fencing, and all other
buildings on the site and with-
in one hundred (100) feet be-
yond the site.
x. For large wind energy facili-
ties, a site plan prepared by a
professional engineer or sur-
veyor licensed in the State of
Iowa, drawn to a scale of not
less than 1 inch to 100 feet (1
inch to 50 feet preferred),
showing the parcel boundaries
and a legal description, 2-foot
contours for the subject site
and one hundred (100) feet
beyond the subject site, sup-
port facilities, access, proposed
landscaping and fencing, and
all other buildings on the site
and within one hundred (100)
feet beyond the site.
xi. Any utility or easement loca-
tions shall be indicated on the
site plan.
xii. For large wind energy facili-
ties, photo exhibits visualizing
the proposed wind energy fa-
cilities.
xiii. For large wind energy facili-
ties, a signed statement from
the landowner(s) of the site
stating that a lease has been
executed or has been agreed
upon by all parties and will be
executed if the applicant does
not own the land.
d. If required, a plan for site grading,
erosion control, storm water
drainage, and storm water pollu-
tion prevention plan (SWPPP)
shall be submitted to the City En-
gineer for review and approval
prior to granting building permits.
e. All other permits, including those
for work done in rights-of-way,
shall be applied for by the appli-
cant to the appropriate agency
prior to construction.
f. Wind energy facilities shall not in-
clude offices, vehicle storage, or
other outdoor storage. One acces-
sory storage building may be
permitted per large wind turbine
at the Board of Adjustment’s dis-
cretion. The size and location of
any proposed accessory building
shall be shown on the site plan.
No other structure or building ac-
cessory to the wind energy facility
is permitted unless used for the
express purpose of the generation
of electricity or performing other
work related to the wind energy
facility.
g. An applicant may submit one Spe-
cial Permit application for the en-
tire large wind energy facility pro-
ject or small wind energy project
(if required) located in the City of
Waterloo, provided that a detailed
10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
173
map identifying the precise loca-
tion of all proposed wind turbine
towers is provided at time of
submittal of Special Permit. For
additional wind turbine towers
proposed that were not detailed in
a previous Special Permit approv-
al, a new separate Special Permit
shall be required, including a de-
tailed map identifying the precise
location of all proposed and exis t-
ing wind turbine towers.
h. No grading, filling, or construction
shall begin until a building permit
is issued. A separate building
permit shall be required for each
individual wind turbine tower and
appurtenant facilities prior to con-
struction of each wind turbine
tower and appurtenant facilities to
be constructed.
i. For large wind energy facilities, a
certificate of insurance with a min-
imum of $2,000,000 liability cover-
age per incidence, per occurrence
shall be required for the life of the
facility. Each renewal period will
require a copy of certificate of in-
surance be provided to the City of
Waterloo. An expired insurance
certificate or an unacceptable lia-
bility coverage amount is grounds
for revocation of the Special Per-
mit.
j. For large wind energy facilities,
the City shall require an irrevoca-
ble letter of credit, bond, or cash
escrow, held in trust in favor of
the City of Waterloo, to recover
the costs associated with removal
of a use terminated large wind
turbine tower and appurtenant fa-
cilities. The amount of the irrevo-
cable letter of credit, bond, or cash
escrow shall be set by the Board of
Adjustment prior to Special Permit
approval and shall remain in effect
until released by the City of Wa-
terloo. The issuer of the irrevoca-
ble letter of credit or bond shall be
suitable to the City.
k. A wind energy facility authorized
by Special Permit shall be started
within twelve (12) months of Spe-
cial Permit issuance and complet-
ed within thirty-six (36) months of
Special Permit issuance, or in ac-
cordance with a timeline approved
by the Board of Adjustment. Up-
on request of an applicant, and for
good cause, the Board of Adjust-
ment may grant an extension of
time.
l. For large wind energy facilities,
the applicant shall submit a copy
of all “as built plans” prepared by
a professional engineer licensed in
the State of Iowa, including struc-
tural engineering and electrical
plans for all towers following con-
struction to the City to use for re-
moval of large wind energy facili-
ty, if large wind energy facility
owner or its assigns fails to meet
the requirements of this subsec-
tion T or the Special Permit.
m. For wind energy facilities requir-
ing Special Permit, the Board of
Adjustment may require addition-
al conditions to ensure public
health, safety, and welfare.
n. Wind energy facilities that are
constructed and installed in ac-
cordance with the provisions of
this subsection T shall not be
deemed to constitute the expan-
sion of a nonconforming use or
structure.
o. Nothing in this Ordinance shall be
deemed to give any applicant the
right to cut down surrounding
trees and vegetation on any prop-
erty not on the applicant’s site to
10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
174
reduce turbulence and increase
wind flow to the wind energy fa-
cility. Nothing in this Ordinance
shall be deemed a guarantee
against any future growth or con-
struction or City approvals of fu-
ture construction that may in any
way impact the wind flow to any
wind energy facility. It shall be
the sole responsibility of the facili-
ty operator or owner to acquire
any necessary wind flow or turbu-
lence easements, or rights to re-
move vegetation.
6. General Requirements
a. Standards
i. No television, radio or other
communication antennas may
be affixed or otherwise made
part of a wind energy facility,
except pursuant to the regula-
tions for wireless communica-
tion towers. Applications may
be jointly submitted for wind
energy facilities and wireless
communication facilities.
ii. Wind energy facilities shall
utilize measures to reduce the
visual impact of the facility to
the extent possible. Facilities
with multiple wind turbine
towers shall be constructed
with an appearance that is
similar throughout the site, to
provide reasonable uniformity
in overall size, geometry, and
rotational speeds. No letter-
ing, company insignia, adver-
tising, or graphics shall be on
any part of the tower, hub, or
blades except as otherwise
provided in this subsection T.
iii. For small wind energy facili-
ties constructed as an accesso-
ry use to a Principal Permitted
Use, only one small wind en-
ergy facility per site shall be al-
lowed. For small wind energy
facilities approved by Special
Permit, multiple small wind
energy facilities may be al-
lowed.
iv. Small wind energy facilities
shall be used primarily to re-
duce the on-site consumption
of electricity.
v. For small wind energy facili-
ties not requiring Special Per-
mit approval, the maximum
turbine power output rated
capacity is limited to 50 kW.
For small wind energy facili-
ties requiring Special Permit
approval, the maximum tur-
bine power output rated ca-
pacity is limited to 100 kW.
Power output rated capacity
larger than 100 kW shall be
deemed a large wind energy
facility.
vi. At least one sign shall be post-
ed on the tower at a height of
five (5) feet warning of electri-
cal shock or high voltage,
harm from revolving machin-
ery, and the hazard of falling
ice. No brand names, logo or
advertising shall be placed or
painted on the tower, rotor,
generator or tail vane where it
would be visible from the
ground, except that a system
or tower’s manufacturer’s logo
or insignia may be displayed
on a system generator housing
in an unobtrusive manner that
is not visible off site.
vii. Towers shall be constructed to
provide one of the following
means of access control:
(a) Tower-climbing apparatus
located no closer than
10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
175
twelve (12) feet from the
ground.
(b) A locked anti-climb device
installed on the tower.
(c) A locked, protective fence
at least six feet in height
that encloses the tower.
viii. Anchor points for any guy
wires shall be set back ten (10)
feet from any property line,
and shall not be on or across
any above-ground electric
transmission or distribution
lines, and shall not be located
within an easement. The point
of attachment for the guy
wires shall be enclosed by a
fence six (6) feet high or
sheathed in bright orange or
yellow covering from three to
eight (8) feet above the
ground.
b. Design and Installation
i. Wind energy facilities shall be
painted a non-reflective, non-
obtrusive color, such as grey,
white, or off-white.
ii. For large wind energy facility
sites, the design of the build-
ings and related structures
shall, to the extent possible,
use materials, colors, textures,
screening, and landscaping
that will blend the large wind
energy facility to the natural
setting and existing environ-
ment.
iii. Minimum lighting necessary
for safety and security purpos-
es shall be permitted. Tech-
niques shall be implemented
to prevent casting glare from
the site, except as otherwise
required by the FAA or other
applicable authority.
iv. No form of advertising shall be
allowed on the pole, turbine,
blades, or other buildings or
facilities associated with the
use, except for reasonable
identification of the manufac-
turer or contact information of
the operator of the wind ener-
gy facility.
v. All wind energy facilities shall
be equipped with a redundant
braking system. This includes
both aerodynamic overspeed
controls (including variable
pitch, tip, and other similar
systems) and mechanical
brakes. Mechanical brakes
shall be operated in a fail-safe
mode. Stall regulation shall
not be considered a sufficient
braking system for overspeed
protection.
vi. To the extent applicable, all
wind energy facilities shall
comply with all applicable
building codes and standards.
vii. Electrical controls, control wir-
ing, and power lines shall be
wireless or not above ground,
except where wiring is
brought together for connec-
tion to the transmission or dis-
tribution network, adjacent to
that network. This provision
can be waived by the Board of
Adjustment for any wind en-
ergy facility approved by Spe-
cial Permit if deemed appro-
priate by the Board.
viii. All electrical components of
the wind energy facility shall
conform to relevant and appli-
cable local, state, and national
codes, and relevant and appli-
cable international standards.
10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
176
ix. The owner of a wind energy
facility shall defend, indemni-
fy, and hold harmless the City
of Waterloo and their officials,
agents and employees from
and against any and all claims,
demands, losses, suits, causes
of action, damages, injuries,
costs, expenses, and liabilities
whatsoever, including attor-
ney fees, arising out of the acts
or omissions of the operator or
the operator’s contractors con-
cerning the construction or op-
eration of the wind energy fa-
cility without limitation,
whether said liability is prem-
ised on contract or tort. Own-
er’s submittal for a building
permit for a wind energy facil-
ity shall constitute agreement
to defend, indemnify, and hold
harmless the City of Waterloo
and their officials, agents and
employees.
x. The owner of a large wind en-
ergy facility (applicant) shall
reimburse the City of Waterloo
and/or Black Hawk County
for any and all repairs and re-
construction to the public
roads, culverts, and natural
drainage ways resulting di-
rectly from the construction of
the large wind energy facility.
A qualified independent third
party, agreed to by the City of
Waterloo and applicant, and
paid for by the applicant, shall
be hired to inspect the roa d-
ways and drainage ways to be
used or affected during con-
struction. This third party
shall be hired to evaluate, doc-
ument, videotape, and rate
road and drainage way condi-
tions prior to the construction
of the large wind energy facili-
ty and again within 30 days af-
ter the large wind energy facil-
ity project is complete. Any
damage done by the applicant
or subcontractors shall be re-
paired or reconstructed at the
applicant’s expense.
xi. Where wind energy facility
construction cuts through a
private or public drain tile
field, the drain tile must be re-
paired and reconnected to
properly drain the site to the
satisfaction of the City of Wa-
terloo.
xii. Any recorded access easement
across private lands to a wind
energy facility, in addition to
naming the wind energy facili-
ty owner as having access to
the easement, shall also name
the City of Waterloo as having
access to the easement for
purposes of inspection or de-
commissioning. If no such ac-
cess easement exists, approval
of the Special Permit for a
wind energy facility shall con-
stitute granting to the City of
Waterloo a right to access the
wind energy facility for pur-
poses of inspection or decom-
missioning.
xiii. Any wind energy turbine or
facility that does not produce
energy for a continuous period
of twelve (12) months shall be
considered abandoned and
shall be removed in accord-
ance with the removal provi-
sions of this subsection T.
Failure to abide by and faith-
fully comply with this subsec-
tion T or with any and all con-
ditions that may be attached to
the granting of any building
permit for a wind energy facil-
10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
177
ity shall constitute grounds for
the revocation of the permit by
the City of Waterloo.
xiv. A large wind energy facility
owner and operator shall
maintain a phone number and
identify a responsible person
for the public to contact with
inquiries and complaints
throughout the life of the pro-
ject, and shall provide updated
information on such to the
Planning and Zoning Depart-
ment.
xv. Wind energy facilities exceed-
ing one hundred twenty (120)
feet hub height shall be of a
monopole (tubular) design ex-
cept in unusual circumstances
as deemed appropriate by the
Board of Adjustment as part of
the Special Permit approval.
For wind energy facilities not
exceeding one hundred twenty
(120) feet hub height, mono-
pole (tubular) type towers
shall be favored over guyed
towers, and lattice towers shall
be discouraged. For towers
that require Special Permit ap-
proval, the Board of Adjust-
ment shall have authority to
determine required design el-
ements, including type and
height.
7. Setbacks
a. The following setbacks and sepa-
ration requirements shall apply to
all wind turbines:
i. Each wind turbine associated
with a large wind energy facil-
ity shall be set back from the
nearest non-participating land-
owner’s property line and
from any other wind turbine a
distance of no less than 1.5
times its total height.
ii. Each wind turbine associated
with a small wind energy facil-
ity shall be set back from the
nearest property line a dis-
tance of no less than 1.5 times
its total height, except that a
wind turbine associated with a
small wind energy facility may
be located closer than 1.5 times
its total height if written con-
sent from the property owners
to which the proposed tower
would be closer than 1.5 times
its total height is obtained, or if
approved by Special Permit. In
such cases, the minimum set
back from the nearest property
line shall be a distance of no
less than 0.5 times its total
height. As part of the Special
Permit approval, the Board of
Adjustment may grant a waiv-
er to the setback requirements
where strict enforcement
would not serve the public in-
terest and where it is demon-
strated that such a setback will
not have an adverse impact on
the adjoining properties, how-
ever the setback shall general-
ly not be less than 0.5 times the
total height.
iii. Wind energy facilities must
meet all utility setbacks
and/or easements. The owner
of the wind energy facility is
responsible for contacting the
appropriate entities to deter-
mine the location of all above
and underground utility lines
on the site including, but not
limited to, sewer, water, elec-
tricity, natural gas, cable tele-
vision, communication, fiber
optic, etc.
10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
178
8. Height
a. Small wind energy facilities not
requiring Special Permit approval
shall be limited to eighty (80) feet
hub height.
b. Small wind energy facilities re-
quiring Special Permit approval
shall be limited to one hundred
twenty (120) feet hub height.
c. Large wind energy facilities shall
not be limited in height, except as
imposed by the Board of Adjus t-
ment as part of the Special Permit
approval.
9. Noise and Vibration
a. Except during short-term events
including severe windstorms, au-
dible noise due to wind energy fa-
cility operations shall not exceed
sixty (60) dBA, when measured at
the site property lines. If audible
noise exceeds sixty (60) dBA the
offending wind turbine must be
inoperable until repairs are com-
pleted, or a waiver is obtained
from affected property owners in
accordance with subsection (9)(f)
below.
b. Wind energy facilities shall not
create an audible steady, pure
tone such as a whine, screech,
hum, or vibration.
c. In the event the ambient noise lev-
el (exclusive of the development in
question) exceeds the applicable
standard given above, the appli-
cable standard shall be adjusted so
as to equal the ambient noise level.
The ambient noise level shall be
expressed in terms of the highest
whole number sound pressure
level in DBA, which is exceeded
for more than five (5) minutes per
hour. Ambient noise levels shall
be measured at the site property
lines. Ambient noise level meas-
urement techniques shall employ
all practical means of reducing the
effect of wind-generated noise at
the microphone. Ambient noise
level measurements may be per-
formed when wind velocities at
the proposed project site are suffi-
cient to allow wind turbine opera-
tion, provided that the wind veloc-
ity does not exceed thirty (30) mph
at the ambient noise level meas-
urement location.
d. Any noise level emanating from a
wind energy facility falling be-
tween two whole decibels shall be
determined to be the higher of the
two.
e. Any noise monitoring or meas-
urements, with need determined
by the Planning staff, shall be paid
for by the applicant or wind ener-
gy facility owner.
f. In the event the noise levels result-
ing from the wind energy facility
exceed the criteria listed above, a
waiver to said levels may be
granted provided that the follow-
ing has been accomplished:
i. Written consent from the af-
fected property owners has
been obtained stating that they
are aware of the wind energy
facility and the noise limita-
tions imposed by this Ordi-
nance, and that consent is
granted to allow noise levels to
exceed the maximum limits
otherwise allowed; and,
ii. A permanent noise impact
easement has been recorded in
the Office of the Black Hawk
County Recorder which de-
scribes the benefited and bur-
dened properties and which
advises all subsequent owners
10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
179
of the burdened property that
noise levels in excess of those
permitted by this Ordinance
may exist on or at the bur-
dened property.
10. Minimum Ground Clearance
a. For small wind energy facilities,
the minimum distance between
the ground and any part of the ro-
tor or blade system shall be fifteen
(15) feet.
b. For large wind energy facilities,
the minimum distance between
the ground and any part of the ro-
tor or blade system shall be thirty
(30) feet.
11. Signal Interference
a. The applicant or wind energy fa-
cility owner shall mitigate any in-
terference with electromagnetic
communications, such as radio,
telephone, computers, communi-
cation devices, or television sig-
nals, including any public agency
radio systems, caused by any
wind energy facility. However, in
no case shall a wind energy facili-
ty be located within the micro-
wave path of an emergency com-
munication tower.
12. Shadow Flicker
a. Wind energy facilities shall at-
tempt to avoid shadow flicker in
any off-site residences. The wind
energy facility owner and/or op-
erator shall make reasonable e f-
forts to minimize or mitigate
shadow flicker to any off-site resi-
dence to the determination of the
City Planner or designee. Any off-
site residence owner or wind en-
ergy facility owner may appeal the
determination of the City Planner
or designee to the Board of A d-
justment, as provided in Section
10-28-4(B).
13. Ice Shedding
a. The wind energy facility owner
and/or operator shall ensure that
ice from the wind turbine blades
does not impact any off-site prop-
erty.
14. Waste Management
a. All hazardous waste generated by
the operation and maintenance of
the facility, including, but not lim-
ited to lubricating materials, shall
be handled in a manner consistent
with all local, state, and federal
rules and regulations.
15. Safety
a. Wind turbine towers shall not be
climbable up to twelve (12) feet
above ground level and all large
wind turbine tower access ladders
must be located inside of the tow-
er.
b. All access doors to wind turbine
towers and electrical equipment
shall be locked.
c. Any accessory structure on site of
a large wind energy facility shall
have a concrete roof to protect the
structure from snow and ice shed-
ding.
d. Appropriate warning and caution
signage shall be placed on wind
turbine towers, electrical equip-
ment, and large wind energy facil-
ity entrances.
e. A large wind energy facility site
and all structures shall have an
annual inspection report of struc-
tural stability by a professional
engineer licensed in the State of
Iowa, at cost to the large wind en-
ergy facility owner, with a report
filed with the City of Waterloo
10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
180
Planning and Zoning Department.
Any deficiencies found shall be
repaired in a timely manner.
f. The owner/operator of a large
wind energy facility shall test for
stray voltage before, during, and
after construction upon request by
the City Planner or designee.
g. All substations shall be fenced to
prevent public access. The provi-
sions of Section 10-27-1(S) shall
apply.
h. The owner/operator of a large
wind energy facility shall post and
maintain at each facility a clearly
posted 24-hour a day manned tel-
ephone number in case of an
emergency.
i. The owner/operator of a large
wind energy facility shall provide
qualified personnel to conduct
training sessions to emergency re-
sponders whenever requested.
j. The owner/operator of a large
wind energy facility shall provide
a company representative to a c-
company the Fire Department Fire
Inspector during site visits. The
owner/operator of a large wind
energy facility shall comply with
all applicable laws regarding those
inspections.
k. The owner/operator of a wind en-
ergy facility shall be responsible
for the total cost of any incident(s)
that occur on or at their facilities
and/or properties.
16. Removal
a. All wind generators and appurte-
nances shall be removed from the
site within six (6) months of use
termination notice to the City of
Waterloo by the owner of the facil-
ity or its assigns, or within three
(3) months of permit revocation by
the City of Waterloo. Upon re-
quest of the owner or assigns of
the wind energy facility, and for
good cause, the City Planner or
designee may grant a reasonable
extension of time.
b. The site shall be stabilized, grad-
ed, and cleared of any debris by
the owner of the facility or its as-
signs. If site is not to be used for
agricultural practices following
removal, site shall be seeded to
prevent soil erosion.
c. Any foundation shall be removed
to a minimum depth of four (4)
feet below grade, or to the level of
the bedrock if less than four (4)
feet below grade, by the owner of
the facility or its assigns. Follow-
ing removal, the location of any
remaining wind turbine founda-
tion shall be identified on a map as
such and recorded with the deed
to the property with the Office of
the Black Hawk County Recorder.
d. Any access roads shall be re-
moved, cleared, and graded by the
owner of the facility or its assigns,
unless the property owner wants
to keep the access road. The City
of Waterloo will not be assumed
to take ownership of any access
road unless through official action
of the City Council.
e. Any expenses related to the de-
commissioning and removal shall
be the responsibility of the wind
energy facility owner, including
any expenses related to releasing
any easements.
f. Removal shall conform to the con-
tract between property owner and
the owner/operator of a wind en-
ergy facility, in addition to the re-
quirements set forth in this Ordi-
nance.
10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
181
17. Violation and Permit Revocation
a. All wind energy facilities shall be
maintained in operational condi-
tion at all times, subject to reason-
able maintenance and repair out-
ages. Operational condition in-
cludes meeting all noise require-
ments and other permit condi-
tions. Should a wind energy facili-
ty become inoperable, or should
any part of the wind energy facili-
ty be damaged, or should a wind
energy facility violate a permit
condition, the owner/operator
shall remedy the situation within
three (3) months after written no-
tice from the City of Waterloo.
Upon request of the owner or as-
signs, and for good cause, the City
Planner or designee may grant a
reasonable extension of time.
b. Notwithstanding any other
abatement provision, if the wind
energy facility is not repaired or
made operational or brought into
compliance after said notice, the
City Council may, after a public
meeting at which the operator or
owner shall be given opportunity
to be heard and present evidence,
including a plan to come into
compliance, (1) order either reme-
dial action within a specified
timeframe, or (2) order revocation
of the permit and require the re-
moval of the wind energy facility
within three (3) months. For large
wind energy facilities not removed
within the specified time period,
the City of Waterloo shall have the
right to use the irrevocable letter
of credit, bond, or cash escrow to
cover the costs associated with
removal of the large wind energy
facility.
c. Any wind energy facility that does
not meet the requirements of this
Ordinance, including, but not lim-
ited to those dealing with noise,
height, setback, or visual appear-
ance, or does not meet any condi-
tions attached to approval of the
wind energy facility, shall be
deemed an unlawful structure and
shall provide grounds for the rev-
ocation of the permit.
U. Urban Animal Hobby Farm (UAHF).
[Ordinance 5417, 8/28/17]
1. The UAHF regulations of this Section
shall in all cases govern specialized
animal farms and the keeping of farm
animals and livestock, except when on
a farm of at least 35 acres or in an “A-
1” Agricultural District. Notwith-
standing anything in Section 10-5-1(B)
to the contrary, any existing uses that
include farm animals, livestock or
specialized animal farms that do not
conform to the UAHF regulations
shall conform no later than January 1,
2018.
2. A UAHF shall be allowed within Wa-
terloo City limits on lots or parcels of
land as an accessory use to a principal
dwelling when the following re-
quirements are met:
a. Minimum fenced (confined) area
of 40,000 square feet or more for
large and intermediate sized ani-
mals such as cows, calves, sheep,
goats, llamas, emus, ostrich, pea-
cock and similar animals, exclud-
ing swine (including pot belly
pigs), camels and exotic animals as
determined in the reasonable dis-
cretion of the City Planner or de-
signee.
b. Minimum fence (confined) area of
10,000 square feet or more for
small sized animals such as rab-
bits, mink, ferrets, chinchilla,
chicken, goose, pigeon, pheasant,
10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
182
quail, duck and similar animals,
excluding rooster, guinea, falcon,
and exotic animals as determined
in the reasonable discretion of the
City Planner or designee.
c. The UAHF owner resides on the
property.
d. Containing shelters for animals.
Lean-tos, tarps, car-ports and simi-
lar structures are prohibited. Fowl
must be kept in an enclosure or
fenced area at all times and se-
cured within a henhouse or “fowl-
tractor” type enclosure during
non-daylight hours.
e. Shelters must be roofed, predator-
resistant, ventilated, and easy to
access, clean and properly main-
tained, with water and food acces-
sible at all times.
f. Multiple-unit lots or parcels of
land in common ownership must
have approval for UAHF from all
occupants.
g. Density of a UAHF for large or in-
termediate sized animals, as d e-
fined in subparagraph 2.a. above,
is set at 2 animals for the first
40,000 square feet and 1 additional
animal for each additional 20,000
square feet. A combination of
large or intermediate sized ani-
mals and small animals is allowed,
as long as it does not exceed the
total density allowed.
h. Density of a UAHF for small sized
animals, as defined in subpara-
graph 2.b. above, is set at 2 ani-
mals for the first 10,000 square feet
and 1 additional animal for each
additional 2,500 square feet up to
a maximum of 8. A combination of
large or intermediate sized ani-
mals and small animals is allowed,
as long as it does not exceed the
total density allowed.
i. The density of a UAHF is based
on the square footage within the
animals’ confined (fenced) area
minus the square footage of any
structures within that same area
that are not devoted to the ani-
mals.
j. The confined area must be fenced
with approved material for a resi-
dential fence per the residential
fence regulations and in such a
way as to prohibit escape and be
properly maintained.
k. There shall be a 10-foot setback of
the fenced (confined) area from
neighboring property lines for a
UAHF containing any large or in-
termediate sized animals, and said
fenced (confined) area for all
UAHF’s shall not be located in a
front yard as defined herein.
3. All enclosures and fenced (confined)
areas must be kept in a clean, dry,
odor-free, neat and sanitary condi-
tions at all times, free of insects and
rodents, and all animal excrement
shall be properly disposed of and not
allowed to accumulate. All animals
shall have clean bedding. Odors from
animals, animal manure or other ani-
mal related substances shall not be
perceptible beyond the boundaries of
the UAHF property. All stored ma-
nure shall be covered by a fully en-
closed structure with a roof or lid, and
no more than four (4) cubic feet of
manure shall be stored on the UAHF
property. All other manure not used
for composting or fertilizing shall be
removed.
4. Animals born in a UAHF are allowed
to remain until 12 weeks old at which
CHAPTER 28
BOARD OF ADJUSTMENT 10-28-1 APPOINTMENT—MEMBERSHIP.
183
time they must be removed unless
density limits allow them to remain.
5. No UAHF shall be operated so that
crowing, cackling, gobbling, bleating
or other animal or fowl noises, etc.,
occur at a level that creates a nuisance
for adjacent properties.
6. The Board of Adjustment shall have
the authority to grant exceptions to
the requirements of this Subsection U.
Such request will require submittal of
a variance application, but the Board
is not required to apply all standards
for issuance of a variance when con-
sidering a variance request for a
UAHF, except for requests involving
regulation under Chapter 22, Flood-
way and Flood Plain Districts.
7. Beekeeping shall be allowed within
the Waterloo City limits on lots or
parcels of land as an accessory use to
a principal dwelling when the follow-
ing requirements are met:
a. Minimum lot size of 20,000 square
feet.
b. The beekeeper resides on the
property.
c. Density shall be set at two hives
(with only one swarm per hive)
for every 20,000 square feet of t o-
tal lot size. No more than 6 hives
shall be permitted on a lot, unless
the lot is more than 35 acres and
primarily used for agricultural
purposes.
d. Hives shall not be located within
25 feet of any lot line, shall not ex-
ceed 20 cubic feet in volume, and a
constant supply of water shall be
provided for all hives to prevent
bees from congregating at other
sources of water on nearby prop-
erties. The water shall be main-
tained so as not to become stag-
nant.
e. Queens: In any instance in which a
colony exhibits unusually aggres-
sive characteristics by stinging or
attempting to sting without due
provocation, or exhibits an unusu-
al disposition towards swarming
outside the hive, it shall be the du-
ty of the beekeeper to re-queen the
colony. Queens shall be selected
from stock bred for gentleness and
nonswarming characteristics.
8. All UAHF’s, excluding beekeeping,
shall be required to be approved by
Special Permit by the Board of Ad-
justment after recommendation of the
Commission, except when the UAHF
owner submits to the Planning De-
partment a consent petition which in-
dicates approval of the UAHF signed
by 100 percent of the abutting prope r-
ty owners to the UAHF property, and
signed by 60 percent of the property
owners within 250 radial feet of the
UAHF property. Planning Staff shall
have the authority to determine if a
petition meets these requirements.
9. Butchering: No butchering of any
UAHF animals shall be allowed ex-
cept within a fully enclosed building.
CHAPTER 28
BOARD OF ADJUSTMENT
10-28-1 APPOINTMENT—MEMBERSHIP.
A Board of Adjustment is hereby estab-
lished which shall consist of five (5) members
each appointed to a term of five (5) years.
Members shall be removable for cause by the
appointing authority by written charges and
after public hearing. Vacancies shall be filled
for the unexpired term of any member whose
term becomes vacant. [Ordinance 4074,
2/20/95] [Ordinance 4080, 3/13/95]
CHAPTER 28
BOARD OF ADJUSTMENT 10-28-2 RULES—MEETINGS—GENERAL PROCEDURE.
184
10-28-2 RULES—MEETINGS—GENERAL
PROCEDURE.
The Board shall adopt rules in accordance
with the provisions of this Ordinance. Mee t-
ings of the Board shall be held at the call of
the chairman and at such other times as the
board may determine. Such chairman, or in
his or her absence, the acting chairman, may
administer oaths and compel the attendance
of witnesses. All meetings of the Board shall
be open to the public. The Board shall keep
minutes of its proceedings, showing the vote
of each member upon each question, or if ab-
sent or failing to vote, indicating such fact,
and shall keep records of its examinations
and other official actions, all of which shall be
immediately filed in the office of the Board
and shall be a public record.
10-28-3 JURISDICTION—POWERS.
The Board shall have the following pow-
ers and duties.
A. The Board of Adjustment may, in ap-
propriate cases and subject to appro-
priate conditions and safeguards,
make special exceptions to the terms
of this Ordinances in harmony with its
general purpose and intent. Any
property owner aggrieved by the pr o-
visions of this Ordinance or any regu-
lations or restrictions thereunder, may
petition the said Board of Adjustment
to modify said regulations and r e-
strictions as applied to such property
owner and the following rules shall
apply:
1. The Board of Adjustment shall
have a public hearing on said peti-
tion under the same terms and
conditions as hereinafter provided
for the hearing of appeals by the
Board of Adjustment.
2. The Board of Adjustment in mak-
ing any exception to this Ordi-
nance shall be guided by the gen-
eral rule that the exceptions shall
by their design, construction, and
operation adequately safeguard
the health, safety, and welfare of
the occupants of adjoining and
surrounding property, shall not
impair an adequate supply of light
and air to adjacent property, shall
not increase congestion in the pub-
lic streets, shall not increase public
danger of fire and safety and shall
not diminish or impair established
property values in surrounding
areas.
3. The Board of Adjustment is specif-
ically authorized to permit erec-
tion and use of a building or the
use of premises or vary the height
and area regulations in any loca-
tion for a public service corpora-
tion for public utility purposes or
for purposes of public communi-
cation, including the distribution
of newspapers, which the Board
determines reasonably necessary
for public convenience or welfare.
4. The Board of Adjustment is specif-
ically authorized to permit the ex-
tension of a district where the
boundary line of a district divides
a lot that is in a single ownership
as shown of record or as shown by
existing contract or purchase at
the time of adoption of a zoning
ordinance or amendment thereto,
but in no case shall extension of
the district boundary line exceed
forty (40) feet in any direction.
B. To hear and decide appeals where it is
alleged there is an error in any order,
requirements, decision, permit, or de-
termination made by the City Planner
or designee in the enforcement of this
Ordinance.
C. To authorize an appeal in specific cas-
es, in which such Variance from the
terms of this Ordinance will not be
CHAPTER 28
BOARD OF ADJUSTMENT 10-28-4 SPECIAL PERMITS, APPEALS, AND VARIANCES.
185
contrary to the public interest and the
spirit of this Ordinance will be ob-
served and substantial justice done;
and where owing to special cond i-
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 cond i-
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 esta b-
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) [Ordinance 5648, 6/20/22]
shall be submitted to the City Planner who
shall forward such to the Board of Adjust-
ment for consideration, after recommenda-
tion of the Commission. Such requests shall
include a site plan in accordance with Section
10-5-1(Q) and information ordinarily submit-
ted with applications as well as any addition-
al 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-
CHAPTER 28
BOARD OF ADJUSTMENT 10-28-4 SPECIAL PERMITS, APPEALS, AND VARIANCES.
186
ommended stipulations of additional
conditions and guarantees that are
deemed necessary for the protection
of the public interest.
4. Standards: No Special Permit shall be
granted by the Board of Adjustment
unless such Board shall find:
a. That the establishment, mainte-
nance, or operation of the Special
Permit will not be detrimental to
or endanger the public health,
safety, morals, comfort, or general
welfare;
b. That the Special Permit will not be
injurious to the use and enjoyment
of other property already permit-
ted, nor substantially diminish
and impair property values within
the neighborhood;
c. That the Special Permit will not
impede the normal and orderly
development and improvement of
the surrounding property for uses
permitted in the district(s);
d. That adequate utilities, access
roads, drainage and/or necessary
facilities have been or are being
provided;
e. That adequate measures have
been or will be taken to provide
ingress and egress so designed as
to minimize traffic congestion in
the public streets; and
f. That the Special Permit shall, in all
other respects, conform to the ap-
plicable regulations of the District
in which it is located, except as
such regulations may, in each in-
stance, be modified by the Board
of Adjustment.
5. Conditions and Guarantees: Prior to
the granting of any Special Permit, the
Board of Adjustment shall stipulate
such conditions and restrictions upon
the establishment, location, construc-
tion, maintenance, and operation of
the Special Permit as is deemed neces-
sary for the protection of the public in-
terest and to secure compliance with
the Standards specified in Subsection
(4) above. In all cases in which Special
Permits are granted, the Board of Ad-
justment shall require such evidence
and guarantees as it may deem neces-
sary as proof that the conditions stipu-
lated in connection therewith are be-
ing complied with.
6. Revocation of Special Permit: In any
case where the use under an ap-
proved Special Permit has not been
established or construction com-
menced within one (1) year after the
date of granting thereof, the Board
may act to revoke the Special Permit,
causing it to be null and void. In any
case where the use under an ap-
proved Special Permit has been estab-
lished but ceases for any reason for a
period of more than one (1) year, the
Board may act to revoke the Special
Permit. Also, any person authorized
to initiate a Special Permit may re-
quest that an approved Special Permit
be revoked. Action to revoke an ap-
proved Special Permit shall follow the
same process as action to initiate a
Special Permit. Any Special Permit so
revoked shall not be considered a le-
gal non-conforming use.
B. Appeals.
[Ordinance 3973, 9/27/93]
Appeals to the Board may be taken by
any person aggrieved or by any officer, d e-
partment, board or bureau of the City of W a-
terloo affected by any decision of the City
Planner or designee. Such appeal shall be
taken within a reasonable time as provided
by the rules of the Board by filing with the
City Planner or designee and with the Board
of Adjustment a notice of appeal specifying
the grounds thereof. The City Planner or d e-
CHAPTER 28
BOARD OF ADJUSTMENT 10-28-4 SPECIAL PERMITS, APPEALS, AND VARIANCES.
187
signee shall forthwith transmit to the Board
all papers constituting the record upon which
the action appealed from is taken.
An appeal stays all proceedings in fu r-
therance of the action appealed from, unless
the City Planner or designee certified to the
Board, after notice of appeal shall have been
filed with him, that by reason of the facts
stated in the certificate a stay would, in his
opinion, cause imminent peril to life or prop-
erty. In such case, proceedings shall not be
stayed other than by a restraining order
which may be granted by the Board or by a
court of record on application of notice to the
City Planner or designee, and on due cause
shown.
C. Variances.
The Board of Adjustment may authorize
upon request in specific cases such Variances
from the terms of this Ordinance that will not
be contrary to the public interest, where ow-
ing to special conditions a literal enforcement
of the provisions of this Ordinance will result
in unnecessary hardship. Special conditions
shall include, but not be limited to, a property
owner who can show that the property was
acquired in good faith and where by reason
of exceptional narrowness, shallowness or
shape of a specific piece of property or stru c-
ture on the property or where by reason of
exceptional topographical conditions or other
extraordinary or exceptional situations, the
strict application of the terms of this Ord i-
nance actually prohibits the use of the prope r-
ty in a manner reasonably similar to that of
other property in the district. The Variance
should be the minimum Variance that will
make possible the reasonable use of the land,
building, or structure, and not be injurious to
the surrounding landowners, or otherwise
detrimental to the public welfare. In granting
any Variance, the Board of Adjustment may
prescribe appropriate conditions and saf e-
guards in conformity with this Ordinance.
Violations of such conditions and safeguards,
when made a part of the terms under which
the Variance is granted, shall be deemed a
violation of this title and punishable as pro-
vided herein. Under no circumstances shall
the Board of Adjustment grant a Variance to
allow for a use not permissible under the
terms of this Ordinance in the District in-
volved, or any use expressly or by implica-
tion prohibited by the terms of this Ordinance
in the District. Variances granted involving
any regulation of Chapter 22, Floodway and
Flood Plain Districts must meet the following
applicable standards: [Ordinance 5049,
6/20/11]
1. No Variance shall be granted for any
development within the Floodway
District which would result in any in-
crease in the 100-year level. Consid-
eration of the effects of any develop-
ment on flood levels shall be based
upon the assumption that an equal
degree of development would be al-
lowed for similarly situated lands.
[Ordinance 3487, 6/15/87]
2. Variances shall only be granted upon
a. a showing of good and sufficient
cause;
b. a determination that failure to
grant the Variance would result in
exceptional hardship to the appli-
cant; and
c. a determination that the granting
of the Variance will not result in
increased flood heights, additional
threats to public safety, extraordi-
nary public expense, create nui-
sances, cause fraud on or victimi-
zation of the public or conflict
with existing local codes or ordi-
nances. [Ordinance 5049, 6/20/11]
3. Variances shall only be granted upon
a determination that the Variance is
the minimum necessary, considering
the flood hazard, to afford relief.
4. In cases where the Variance involves a
lower level of flood protection for
buildings than what is ordinarily re-
CHAPTER 28
BOARD OF ADJUSTMENT 10-28-4 SPECIAL PERMITS, APPEALS, AND VARIANCES.
188
quired by this Ordinance, the appli-
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 Cond i-
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.
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.
E. Conditions Attached To Variances.
Upon consideration of the factors listed
above, the Board may attach such conditions
to the granting of Variances as it deems nec-
essary to further the purpose of this Ordi-
nance. [Ordinance 5648, 6/20.22] Such condi-
tions may include, but not necessarily be lim-
ited 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,
CHAPTER 29
PLANNING, PROGRAMMING, AND ZONING COMMISSION 10-28-5 HEARINGS AND DECISIONS OF THE BOARD OF ADJUSTMENT.
189
and other protective measures, pro-
vided such are approved by the Iowa
Department of Natural Resources
(IDNR) and are deemed the only pra c-
tical alternative for achieving the pur-
poses of this Ordinance.
5. Flood proofing measures shall be de-
signed consistent with the flood pro-
tection elevation for the particular a r-
ea, flood velocities, duration, rate of
rise, hydrostatic and hydrodynamic
forces, and other factors associated
with the regulatory flood. The Board
of Adjustment shall require that the
applicant submit a plan or document
certified by a registered professional
engineer that the flood proofing
measures are consistent with the regu-
latory flood protection elevation and
associated flood factors for the partic-
ular area. [Ordinance 3487, 6/15/87]
10-28-5 HEARINGS AND DECISIONS OF
THE BOARD OF ADJUSTMENT.
[Ordinance 3393, 6/10/85]
A. Hearings.
The Board of Adjustment shall give a re a-
sonable time for the hearing on an appeal,
Special Permit, or Variance, shall give public
notice thereof and decide the same within a
reasonable time. At the hearing any party
may appear in person or by agent, or by a t-
torney. Before a request is filed with the
Board of Adjustment, the appellant shall pay
to the City Treasurer to be credited to the
general fund of the City of Waterloo a filing
fee in accordance with the Schedule of Fees,
as adopted by resolution by the City Council.
B. Decisions.
[Ordinance 3973, 9/27/93]
In exercising the above-mentioned pow-
ers, the Board may, in conformity with the
provisions of law, reverse or affirm, wholly or
partly, or modify the order, requirement, d e-
cision, or determination as it believes proper,
and to that end shall have all powers of the
City Planner or designee. The concurring
vote of three of the members of the Board
shall be necessary to reverse any order, re-
quirement, decision, or determination of the
City Planner or designee, or to decide in favor
of the applicant on any matter upon which it
is required to pass under this Ordinance;
provided, however, that the action of the
Board shall not become effective until after
the resolution of the Board, setting forth the
full reason for its decision and the vote of
each member participating therein, has been
spread upon the minutes. Such resolution,
immediately following the Board’s final deci-
sion, shall be filed in the office of the Board,
and shall be open to public inspection.
C. Appeals to the Court.
Any person or persons, jointly or sep a-
rately, aggrieved by any decision of the Board
of Adjustment may present to a court of re c-
ord a petition, duly verified, setting forth that
such decision is illegal, in whole or in part,
specifying the grounds of the illegality. Such
petition shall be presented to the court within
thirty days after the filing of the decision in
the Office of the Board.
CHAPTER 29
PLANNING, PROGRAMMING,
AND ZONING COMMISSION
10-29-1 APPOINTMENT – MEMBERSHIP.
A Planning, Programming, and Zoning
Commission is hereby established which shall
consist of six (6) members from the City at
large and one member of each of the follow-
ing boards and commissions of the City:
Community Development Board, Human
Rights Commission, and Waterloo School
Board. The term of office of the members of
the Commission who are appointed by the
other boards and commissions shall coincide
with their term of office on said board or
commission. The members of the Commis-
sion from the City at large shall serve a term
CHAPTER 29
PLANNING, PROGRAMMING, AND ZONING COMMISSION 10-29-2 RULES - MEETINGS - GENERAL PROCEDURE.
190
of office of three (3) years. Any Commission
member can be removed for cause by the City
Council. Vacancies shall be filled for the un-
expired term of any member whose term be-
comes vacant.
10-29-2 RULES - MEETINGS - GENERAL
PROCEDURE.
The Commission shall adopt rules in ac-
cordance with the provisions of this Ord i-
nance. Meetings of the Commission shall be
held at the call of the Chairman and at such
other times as the Commission may dete r-
mine. All meetings of the Commission shall
be open to the public. The Commission shall
keep minutes of its proceedings, showing the
vote of each member upon each question, or
if absent or failing to vote, indicating such
fact, and shall keep records of its examina-
tions and other official actions, all of which
shall be filed in the office of the Commission
and shall be a public record.
10-29-3 POWERS AND DUTIES.
The Planning, Programming, and Zoning
Commission shall hold the following powers
and discharge the following duties under this
Ordinance:
A. Make or cause to be made such sur-
veys, studies, maps, plans, or charts of
the whole or any portion of the City,
and of any land outside thereof,
which, in the opinion of such Com-
mission, bears relation to the Co m-
prehensive Plan and program for de-
velopment of the City, and shall sub-
mit these studies to the City Council.
The Commission may publish its
studies and recommendations.
B. Review all plans, plats, or re-plats of
subdivision or re-subdivision of land
embraced in the City or adjacent
thereto, laid out in lots or plats with
streets, alleys or other portions of the
same intended to be dedicated to the
public in the City and all proposals for
the vacation of a street, alley or public
ground as required by the Subdivision
Ordinance, or requests to vacate an of-
ficial plat or a portion of an official
plat, or the vacation of any public
easement.
C. For the purpose of making a Compre-
hensive Plan and program for the
physical development of the City, the
Commission shall make careful and
comprehensive studies of present
conditions and future growth of the
City with due regard to its relation to
neighboring territory. The plan shall
be made with the general purpose of
guiding and accomplishing a coordi-
nated, adjusted and harmonious de-
velopment of the City and its environs
which will, in accordance with present
and future needs, best promote
health, safety, order, convenience,
prosperity and general welfare, as
well as efficiency and economy in
process and development. Any and all
plans and programs for the physical
development of the City existing prior
to the effective date of this Ordinance
shall remain effective until revised or
incorporated by a plan adopted ac-
cording to this Section.
D. Hold at least one (1) public hearing
before the adoption of any such Com-
prehensive Plan or amendment there-
to. The adoption of the Plan or
amendment shall be by resolution of
the Commission carried by the affirm-
ative vote of not less than two-thirds
(2/3) of the members in the case of
adoption of a Comprehensive Plan
and by simple majority of the mem-
bers in the case of an amendment to
an adopted Plan.
E. Hold at least one (1) public hearing
before any action on requests to
change the zoning regulations or dis-
trict boundaries.
CHAPTER 30
OTHER PERMITS 10-30-1 PERMITS.
191
F. Review and provide recommendation
on all Special Permits prior to Board
of Adjustment review.
G. Review and provide recommendation
on such other matters as the staff or
City Council shall find it advisable or
essential to receive consideration by
the Commission.
H. For any matter requiring review and
recommendation of the Commission,
any recommending action shall only
be valid for a period of one year if
such matter has not been acted on by
the City Council or Board of Adjust-
ment. [Ordinance 5288, 06/15/15]
CHAPTER 30
OTHER PERMITS
10-30-1 PERMITS.
[Ordinance 3393, 6/10/85]
A. Occupancy Permits.
[Ordinance 3973, 9/27/93]
No land shall be occupied or used, and no
building hereafter erected or structurally al-
tered shall be occupied or used in whole or in
part for any purpose whatsoever, until a ce r-
tificate is issued by the Building Official, City
Planner, or designee, stating that the building
and use comply with the provision of this
Ordinance and the building and health ordi-
nances of the City of Waterloo. No change of
use shall be made in any building or part
thereof, now or hereafter erected or structu r-
ally altered, without a permit being issued
therefore by the Building Official, City Plan-
ner, or designee. No permit shall be issued to
make a change unless the changes are in con-
formity with the provisions of this Ordinance.
Nothing in this part shall prevent the con-
tinuance of a non-conforming use as herein-
before authorized, unless a discontinuance is
necessary for the safety of life or property.
A certificate of occupancy shall be re-
quired of all non-conforming uses. Applica-
tion for certificate of occupancy for noncon-
forming uses shall be filed within twelve (12)
months after the date of non-conformity, ac-
companied by affidavits of proof that such
non-conforming use was not established in
violation of Ordinance No. 1734 or amend-
ments thereto.
B. Flood Plain Development Permit.
A Flood Plain Development Permit issued
by the City Planner or designee shall be se-
cured prior to initiation of any flood plain
development (any manmade change to im-
proved and unimproved real estate, includ-
ing but not limited to buildings or other
structures, mining, filling, grading, paving,
excavation or drilling operations), including
the placement of factory-built homes. [Ordi-
nance 5049, 6/20/11]
1. Application for a Flood Plain Devel-
opment Permit shall be made on
forms supplied by the City Planner or
designee and shall include the follow-
ing information: [Ordinance 3973,
9/27/93]
a. Description of the work to be cov-
ered by the permit for which ap-
plication is to be made.
b. Description of the land on which
the proposed work is to be done
(i.e., lot, block, tract, street address
or similar description) that will
readily identify and locate the
work to be done.
c. Indication of the use or occupancy
for which the proposed work is in-
tended.
d. Elevation of the 100-year flood.
e. Elevation (in relation to North
American Vertical Datum 1988) of
the lowest floor (including base-
ment) of buildings or of the level
CHAPTER 30
OTHER PERMITS 10-30-1 PERMITS.
192
to which a building is to be flood-
proofed.
f. For buildings being improved or
rebuilt, the estimated cost of im-
provements and market value of
the building prior to the im-
provements.
g. Such other information as the City
Planner or designee deems rea-
sonably necessary for the purpose
of this Ordinance.
2. Flood Plain Development Permits is-
sued on the basis of approved plans
and applications authorize only the
use, arrangement and construction set
forth in such approved plans and ap-
plications and no other use, arrange-
ment or construction. Any use, a r-
rangement, or construction at variance
with that authorized shall be deemed
a violation of this Ordinance and shall
be punishable as provided within this
Ordinance. The applicant shall be re-
quired to submit certification by a
professional engineer or land survey-
or, as appropriate, registered in the
State of Iowa, that the finished fill,
building floor elevations, floodproof-
ing, or other flood protection
measures were accomplished in com-
pliance with the provisions of this Or-
dinance prior to the use or occupancy
of any structure.
3. All uses or structures in the Flood-
way, Floodway Fringe, General Flood
Plain, and Shallow Flooding Districts
requiring Special Permits shall be al-
lowed only upon application to the
City Planner or designee, with issu-
ance of the Special Permit by the
Board of Adjustment. Petitioners
shall include information ordinarily
submitted with applications as well as
any additional information deemed
necessary by the Board of Adjus t-
ment. Where required, approval of
the Iowa Department of Natural Re-
sources shall precede issuance of the
Special Permit by the Board of Ad-
justment. [Ordinance 3973, 9/27/93]
C. Floodproofing Measures.
Floodproofing measures shall be de-
signed consistent with the flood protection
elevation for the particular area, flood veloci-
ties, durations, rate of rise, hydrostatic and
hydrodynamic forces, and other factors ass o-
ciated with the regulatory flood. The Board
of Adjustment shall require that the applicant
submit a plan or document certified by a reg-
istered professional engineer that the flood-
proofing measures are consistent with the
regulatory flood protection elevation and as-
sociated flood factors for the particular area.
Such floodproofing measures may include,
but are not necessarily limited to the follow-
ing:
1. Anchorage to resist flotation and lat-
eral movement.
2. Installation of watertight doors, bulk-
heads, and shutters, or similar meth-
ods of construction.
3. Reinforcement of walls to resist water
pressures.
4. Uses of paints, membranes, or mortars
to reduce seepage of water through
walls.
5. Addition of mass or weight structures
to resist flotation.
6. Installation of pumps to lower water
levels in structures.
7. Construction of water supply and
waste treatment systems so as to pre-
vent the entrance of floodwaters.
8. Pumping facilities or comparable
practices for subsurface drainage sys-
tems for building to relieve external
foundation wall and basement flood
pressures.
CHAPTER 31
SITE PLANS 10-31-1 SITE PLANS.
193
9. Construction to resist rupture or col-
lapse caused by water pressure or
floating debris.
10. Installation of valves or controls on
sanitary and storm drains which will
permit the drains to be closed to pre-
vent backup of sewage and storm wa-
ters into the buildings or structures.
11. Location of all electrical equipment,
circuits and installed electrical appli-
ances in a manner which will assure
they are not subject to flooding.
D. Iowa Department of Natural Re-
sources - Required Developmental
Approval.
In addition to the Variance and Special
Permit (Conditional Uses), approval by the
Iowa Department of Natural Resources
(IDNR) is required for, but not limited to, the
following types of projects: [Ordinance 3973,
9/27/93]
1. Bridges, culverts, temporary stream
crossings, road embankments in or on
floodway of any river or stream drain-
ing more than two (2) square miles.
2. Construction, operation and maint e-
nance of channel alterations on any
river or stream draining more than
two (2) square miles.
3. Construction, operation and maint e-
nance of dams and impounding struc-
tures in the following instances:
a. Any dam designed to provide
permanent storage in excess of
eighteen (18) acre-feet.
b. Any dam which has a height of
ten (10) feet or more and is d e-
signed to temporarily store more
than five (5) acre-feet at the top of
dam elevation, or impounds a
stream draining two (2) or more
square miles.
4. Construction, operation and maint e-
nance of any levee or dike along any
stream or river draining more than
two (2) square miles.
5. Waste or water treatment facilities on
the flood plains of any river or stream
draining more than two (2) square
miles.
6. Construction, operation and mainte-
nance of any sanitary landfill located
on a flood plain or floodway of any
river or stream draining more than
two (2) square miles at the landfill
site.
7. Construction, operation and mainte-
nance of any pipeline crossings on any
river or stream draining more than
two (2) square miles.
8. Stream bank protective devices as fol-
lows:
a. Stream bank protective devices
along any river or stream draining
more than one hundred (100)
square miles.
b. Stream bank protective devices
along any river or stream draining
between two (2) and one hundred
(100) square miles where the cross
sectional area of the river or
stream channel is reduced more
than three percent (3%).
9. Excavation on the floodway of any
stream draining more than two (2)
square miles.
10. Boat docks located on any river or
stream (other than a lake) other than
exempted non-floating boat docks
permitted by the Iowa Conservation
Commission.
CHAPTER 31
SITE PLANS
10-31-1 SITE PLANS.
Each application for a building permit
shall be accompanied by a site plan in dupli-
CHAPTER 32
AMENDMENTS 10-32-1 AMENDMENTS.
194
cate drawn to scale, showing the actual d i-
mensions of the lot to be built upon, the size,
shape and location of the building to be erect-
ed and such other information as may be ne c-
essary to provide for the enforcement of this
Ordinance. A record of application and site
plans shall be kept in the office of the inspec-
tor of buildings.
CHAPTER 32
AMENDMENTS
[Ordinance 2903, 7/11/77]
[Ordinance 3102, 9/22/80]
10-32-1 AMENDMENTS.
A. The City Council may, from time to
time, on its own action or on petition,
after public notice and hearings as
provided by law, and after report by
the Commission, amend, supplement,
or change the boundaries or regula-
tions herein or subsequently estab-
lished, and such amendment shall not
become effective except by the favora-
ble vote of a majority of all the me m-
bers of the City Council.
B. Whenever any person, firm or corpo-
ration desires that any amendment, or
change be made in this Ordinance as
to any property in the City, there shall
be presented to the Council a petition
requesting such change or amend-
ment, clearly describing the property
and its boundaries as to which the
change or amendment is desired, duly
signed by the owners of fifty (50) pe r-
cent of the area of all real estate in-
cluded within the boundaries of said
tract as described in said petition. A
plat shall be submitted showing the
name, and address of the owners of
record as found in the County Asses-
sor’s records of all property lying
within two hundred fifty (250) feet of
the boundaries of the proposed prop-
erty to be rezoned. Owners of record
shall be considered the person or enti-
ty listed as the “tax mail to” contact
from the records of the County Asses-
sor and shall not include any road as
defined herein or private parcel not-
recognized in the records of the Coun-
ty Assessor. The Commission shall,
upon receipt of said petition and plat,
notify by mail all parties concerned as
shown on said plat of a hearing to be
held by said Commission. The notice
of hearing shall be mailed at least ten
(10) days prior to the hearing and
shall contain a general description of
the proposed property to be rezoned
and the present and proposed zoning
classification. The Commission may,
upon the unanimous approval of the
members present at a regular meeting,
suspend the above hearing require-
ment and initiate the rezoning re-
quest.
C. In case the proposed amendment,
supplement or change be disapproved
by the Commission or a protest be
presented duly signed by the owners
of twenty percent (20%) or more ei-
ther of the area of land included in
such proposed change or the land in-
cluded in such proposed change,
within two hundred (200) feet of the
boundary of such proposed change,
such amendment shall not become ef-
fective except by favorable vote of at
least three-fourths (3/4) of all the
members of the Council. Whenever
any petition for an amendment, sup-
plement or change of the zoning regu-
lations herein contained or subse-
quently established shall have been
denied by the City Council, no new
petition covering the same property or
the same property and additional
property or any portion of the same
property shall be filed with or consid-
ered by the Commission until four (4)
months shall have elapsed from the
date of denial by the City Council, un-
CHAPTER 32
AMENDMENTS 10-32-2 VIOLATION AND PENALTIES.
195
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 pa r-
ties proposing or recommending a
change in the district regulations or
district boundaries shall deposit with
the City Planner a filing fee in accord-
ance with the Schedule of Fees, as
adopted by resolution by the City
Council, to cover the costs of this pro-
cedure and under no condition shall
said sum or any part thereof be r e-
funded for failure of said amendment
to be enacted into law. [Ordinance
3889, 9/14/92] [Ordinance 4841,
10/16/06] [Ordinance 5648, 6/20/22]
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
CHAPTER 33
DUTIES AND RESPONSIBILITIES OF THE
CITY PLANNER OR OFFICIAL DESIGNEE 10-32-3 ENFORCEMENT.
196
charged for the second offense occurring
within one (1) year, and for additional o f-
fenses occurring within one (1) year the
administrative fee shall be three hundred
dollars ($300.00) for each additional o f-
fense. Notice of the administrative fee,
and procedures for payment, assessment,
and appeal of same, shall be as set forth in
section 1-3-2E of the Code of Ordinances.
D. Each day that a violation is permitted to
exist shall constitute a separate offense.
E. The City Planner or designee is hereby
designated and ordered to enforce this
Zoning Ordinance.
10-32-3 ENFORCEMENT.
In case any building or structure is erect-
ed, constructed, reconstructed, altered, re-
paired, converted or maintained, or any
building, structure or land is used in violation
of this Ordinance, the Building Official, City
Planner, or designee, in addition to other
remedies, shall institute any proper a ction or
proceedings in the name of the City of Wate r-
loo, Iowa, to prevent such unlawful erection,
construction, reconstruction, alteration, re-
pair, conversion, maintenance, or use, to r e-
strain, correct or abate such violation, to pr e-
vent the occupancy of said building, structure
or land, or to prevent any illegal act, conduct,
business, or use in or about said premises.
[Ordinance 3973, 9/27/93]
10-32-4 VALIDITY.
Should any section or provision of this
Ordinance be declared by a court of comp e-
tent jurisdiction to be invalid, that decision
shall not affect the validity of the Ordinance
as a whole or any part thereof, other than the
part so declared to be invalid.
10-32-5 FEES.
[Ordinance 3085, 5/19/80]
[Ordinance 3889, 9/14/92]
[Ordinance 4630, 8/4/03]
Fees pertaining to permits and actions re-
quired by this Ordinance shall be in accord-
ance with the Schedule of Fees, as adopted by
resolution by the City Council. A copy of the
Schedule of Fees shall be on file in the office
of the City Planner.
CHAPTER 33
DUTIES AND
RESPONSIBILITIES OF THE
CITY PLANNER OR OFFICIAL
DESIGNEE
[Ordinance 3393, 6/10/85]
10-33-1 INFORMATION TO BE
OBTAINED OR MAINTAINED.
A. It shall be the responsibility of the
City Planner or his or her official de-
signee to: [Ordinance 3973, 9/27/93]
1. Review all flood plain develop-
ment permit applications to en-
sure that the provisions of this
Ordinance will be satisfied.
2. Review all flood plain develop-
ment permit applications to en-
sure that all necessary permits
have been obtained from Federal,
State or local governmental agen-
cies.
3. Obtain and record the actual ele-
vation (in relation to mean sea
level) or the lowest floor (includ-
ing basement) of all new or sub-
stantially improved structures,
whether or not the structure con-
tains a basement.
4. For all new substantially im-
proved flood-proofed structures:
a. Verify and record the actual
elevation (in relation to mean
sea level); and
CHAPTER 33
DUTIES AND RESPONSIBILITIES OF THE
CITY PLANNER OR OFFICIAL DESIGNEE 10-33-1 INFORMATION TO BE OBTAINED OR MAINTAINED.
197
b. Maintain the flood-proofing
certifications required in Sec-
tion 10-30-1(B)(2).
5. Maintain for public information all
records pertaining to the provi-
sions of this Ordinance.
6. Submit to the Federal Insurance
Administrator an annual report
concerning the community’s par-
ticipation in the National Flood
Insurance Program.
7. Review subdivision proposals to
ensure such proposals are con-
sistent with the purpose of this
Ordinance and advise the City
Council of potential conflicts.
8. Notify adjacent communities
and/or counties and the Iowa De-
partment of Natural Resources
prior to any proposed alteration or
relocation of a watercourse and
submit evidence of such notifica-
tions to the Federal Insurance
Administrator. [Ordinance 3973,
9/27/93]
9. Notify the Federal Insurance Ad-
ministration of any annexations or
modifications to the City’s bound-
aries.
CHAPTER 33
DUTIES AND RESPONSIBILITIES OF THE
CITY PLANNER OR OFFICIAL DESIGNEE 10-33-1 INFORMATION TO BE OBTAINED OR MAINTAINED.
198
ORDINANCE NO. 5079
PASSED AND ADOPTED THIS 17TH DAY OF OCTOBER, 2011.
/s/ Ernest G. Clark, Mayor
ATTEST:
/s/ Suzy Schares, City Clerk
Passed first reading on October 10, 2011
Passed second reading October 17, 2011
Passed third reading on October 17, 2011
Adopted on October 17, 2011
Published in The Courier on November 3, 2011