HomeMy WebLinkAboutOrdinance No. 5648*** Proof of Publication ***
State of Iowa
Black Hawk County
Waterloo, City of - Legals
715 MULBERRY ST.
WATERLOO IA 50703
ORDER NUMBER 218840
The undersigned, being duly sworn, on oath, do depose and say that I
am an authorized employee of the Waterloo Cedar Falls Courier, that
The Waterloo Cedar Falls Courier is a weekly newspaper regularly
published and printed in the English language in the City of Waterloo,
Black Hawk County, Iowa, and has a general circulation in the said
city and county; and that I personally know that the notice, a true copy
of which is hereto affixed, was published in the Waterloo Cedar Falls
Courier on the following days, to -wit:
Section: Legals
Category: 950 Legal Notice
PUBLISHED ON: 11/10/2022
TOTAL AD COST:
FILED ON:
566.76
11/10/2022
issues of said paper containing said notice were duly
'circ fated the regular manner.
Lv Y)
ntiicIWVt.e_
Notary Public in and for aid County
MICHELLE GRAHAM
Commission Number 837641
My Commission Expires
February 23, 2025
*** Proof of Publication ***
ORDINANCE NO.5648
AN ORDINANCE AMENDING ORDI-
NANCE NO. 5079, AS AMENDED. THE
CITY OF WATERLOO ZONING ORDI-
NANCE ADOPTED OCTOBER 17, 2011,
BY:
REPEALING SUBPARAGRAPHS A, 8,
AND E OF PARAGRAPH 2, NECESSA-
RY CONDITIONS, OF SUBSECTION D,
HOME OCCUPATIONS, OF SECTION
10-5.1, GENERAL REGULATIONS, OF
CHAPTER 5, GENERAL REGULATIONS;
AND ENACTING IN LIEU THEREOF
NEW SUBPARAGRAPHS A, B, AND E
OF SAID PARAGRAPH 2. AND
REPEALING PARAGRAPH 1 OF SUB-
SECTION E, ACCESSORY STRUC-
TURES, OF SECTION 10-5-1. GENERAL
REGULATIONS, OF CHAPTER 5, GEN-
ERAL REGULATIONS; AND ENACTING
IN LIEU THEREOF NEW PARAGRAPH 1
OF SAID SUBSECTION E, AND
REPEALING THE LAST UNNUMBERED
PARAGRAPH OF SUBSECTION E,
ACCESSORY STRUCTURES, OF SEC-
TION 10-5-1, GENERAL REGULATIONS,
OF CHAPTER 5, GENERAL REGULA-
TIONS; AND ENACTING IN LIEU
THEREOF NEW LAST UNNUMBERED
PARAGRAPH OF SAID SUBSECTION E,
ANO
REPEALING PARAGRAPH 3, EXPAN-
SION OF EXISTING USE, OF SUBSEC-
TION S, LANDSCAPING REGULA-
TIONS. OF SECTION 10-5-1, GENERAL
REGULATIONS, OF CHAPTER 5, GEN-
ERAL REGULATIONS; AND ENACTING
IN LIEU THEREOF NEW PARAGRAPH
3, EXPANSION OF EXISTING USE, OF
SAID SUBSECTION S, AND
REPEALING PARAGRAPH 1 OF SUB-
SECTION A, PRINCIPAL PERMITTED
USES, OF SECTION 10-6-1, REGULA-
TIONS, OF CHAPTER 6, "A-1° AGRI-
CULTURAL DISTRCT; AND ENACTING
IN LIEU THEREOF NEW PARAGRAPH 1
OF SAID SUBSECTION A, AND
AMEND PARAGRAPH 3 OF SUBSEC-
TION A, PRINCIPAL PERMITTED USES,
OF SECTION 10.6-1. REGULATIONS,
OF CHAPTER 6, "A-1" AGRICULTURAL
DISTRICT, BY STRIKING THE LAST
SENTENCE OF SAID PARAGRAPH 3,
AND
REPEALING PARAGRAPH 2 OF SUB-
SECTION B, ACCESSORY USES, OF
SECTION 10-6-1, REGULATIONS, OF
CHAPTER 6, "A•1" AGRICULTURAL
DISTRICT; AND ENACTING IN LIEU
THEREOF NEW PARAGRAPH 2 OF
SAID SUBSECTION 8, AND
REPLEALING PARAGRAPH 2 OF SUB-
SECTION 8. ACCESSORY USES, OF
SECTION 10.10-1• REGULATIONS, OF
CHAPTER 10, "R-3" MULTIPLE RESI-
DENCE DISTRICT; AND ENACTING IN
LIEU THEREOF NEW PARAGRAPH 2
OF SAID SUBSECTION B, AND
REPEALING THE TITLE OF CHAPTER
13, "S-1" DISTRICT REGULATIONS
(SHOPPING CENTER COMMERCIAL
DISTRICT); AND ENACTING IN LIEU
THEREOF NEW TITLE OF CHAPTER
13. "S-1" SHOPPING CENTER DIS-
TRICT, AND
REPEALING SUBSECTION B, STAND-
ARDS, OF SECTION 10-13-1, REGULA-
TIONS, OF CHAPTER 13, "S-1" SHOP-
PING CENTER DISTRICT; AND ENACT-
ING IN LIEU THEREOF NEW SUBSEC-
TION B, STANDARDS, OF SAID SEC-
TION 10-13-1, AND
REPEALING PARAGRAPHS 1, 26, AND
31 OF SUBSECTION A, PRINCIPAL
PERMITTED USES, OF SECTION
10-19-1, REGULATIONS, OF CHAPTER
19, "M-1" LIGHT INDUSTRIAL DISTRICT;
AND ENACTING IN LIEU THEREOF
NEW PARAGRAPHS 1, 26, AND 31 OF
SAID SUBSECTION A, AND
REPEALING PARAGRAPH 2 OF SUB-
SECTION A, PRINCIPAL PERMITTED
USES, OF SECTION 10-20-1, REGULA-
TIONS, OF CHAPTER 20, "M-2" HEAVY
INDUSTRIAL DISTRICT; AND ENACT-
ING IN LIEU THEREOF NEW PARA-
GRAPH 2 OF SAID SUBSECTION A,
AND
REPEALING SUBPARAGRAPHS F ANO
G OF PARAGRAPH 4 OF SUBSECTION
A, PRINCIPAL PERMITTED USES, OF
SECTION 10.20.1, REGULATIONS, OF
CHAPTER 20, "M-2" HEAVY INDUSTRI-
AL DISTRICT; AND ENACTING IN LIEU
THEREOF NEW SUBPARAGRAPHS F
AND G OF SAID PARAGRAPH 4, AND
REPEALING PARAGRAPH 9 OF SUB-
SECTION B. GENERAL REQUIRE-
MENTS, OF SECTION 10-25-2, OFF-
STREET PARKING AREA REQUIRED,
OF CHAPTER 25, VEHICULAR USE,
PARKING AND LOADING AREAS, PUB-
LIC GARAGES, PARKING LOTS AND
FIWNG STATIONS; AND ENACTING IN
LIEU THEREOF NEW PARAGRAPH 9
OF SAID SUBSECTION B, AND
REPEALING PARAGRAPH 26. POLE
OR POST SIGN, OF SUBSECTION 8,
*** Proof of Publication ***
UtYIN% I IONS, OF SCUIIUN 10-'Gti-1.
OUTDOOR ADVERTISING SIGNS AND
BILLBOARDS, OF CHAPTER 26, OUT-
DOOR ADVERTISING SIGNS AND BILL-
BOARDS; AND ENACTING IN LIEU
THEREOF NEW PARAGRAPH 26, POLE
OR POST SIGN, OF SAID SUBSECTION
B, AND
REPEALING SUBPARAGRAPH A OF
PARAGRAPH 1, EXEMPTIONS, OF
SUBSECTION C, REGULATION OF ALL
SIGNS, OF SECTION 10-26-1, OUT-
DOOR ADVERTISING SIGNS AND BILL-
BOARDS, OF CHAPTER 26, OUTDOOR
ADVERTISING SIGNS AND BILL-
BOARDS; AND ENACTING IN LIEU
THEREOF NEW SUBPARAGRAPH A OF
SAID PARAGRAPH 1. AND
REPEALING SUBPARAGRAPH X OF
PARAGRAPH 8 OF SUBSECTION H,
SPECIAL PERMIT REQUIRED, OF SEC-
TION 10-27-1, SPECIAL PROVISIONS,
EXCEPTIONS AND MODIFICATIONS,
OF CHAPTER 27, SPECIAL PROVI-
SIONS, EXCEPTIONS AND MODIFICA-
TIONS: AND ENACTING IN LIEU
THEREOF NEW SUBPARAGRAPH X OF
SAID PARAGRAPH B, AND
AMENDING SUBSECTION H. SPECIAL
PERMIT REQUIRED, OF SECTION
10-27-1, SPECIAL PROVISIONS, EX-
CEPTIONS AND MODIFICATIONS, OF
CHAPTER 27. SPECIAL PROVISIONS,
EXCEPTIONS AND MODIFICATIONS,
TO ADD NEW PARAGRAPHS 29 AND
30 OF SAID SUBSECTION H, AND
REPEALING THE FIRST UNNUMBERED
PARAGRAPH IMMEDIATELY FOLLOW-
ING CURRENT PARAGRAPH 28 (AF-
TER PROPOSED PARAGRAPH 30) OF
SUBSECTION H, SPECIAL PERMIT
REQUIRED, OF SECTION 10-27-1,
SPECIAL PROVISIONS, EXCEPTIONS
AND MODIFICATIONS, OF CHAPTER
27, SPECIAL PROVISIONS, EXCEP-
TIONS AND MODIFICATIONS; AND
ENACTING IN LIEU THEREOF A NEW
FIRST UNNUMBERED PARAGRAPH
IMMEDIATELY FOLLOWING CURRENT.
PARAGRAPH 28 (AFTER PROPOSED
PARAGRAPH 30) OF SAID SUBSEC-
TION H, AND
REPEALING SUBSECTION K, SUBDI-
VIDING OF LOTS, OF SECTION
10-27-1, SPECIAL PROVISIONS, EX-
CEPTIONS AND MODIFICATIONS, OF
CHAPTER 27, SPECIAL PROVISIONS,
EXCEPTIONS AND MODIFICATIONS:
AND ENACTING IN LIEU THEREOF A
NEW SUBSECTION K, SUBDIVIDING
OF LOTS, OF SAID SECTION 10-27-1,
AND
INSERTING NEW UNNUMBERED
PARAGRAPH IMMEDIATELY AFTER
PARAGRAPH 7 OF SUBSECTION L,
SOLAR COLLECTOR SYSTEMS, OF
SECTION 10-27-1, SPECIAL PROVI-
SIONS, EXCEPTIONS AND MODIFICA-
TIONS, OF CHAPTER 27, SPECIAL
PROVISIONS, EXCEPTIONS AND MOD-
IFICATIONS, AND
REPEALING PARAGRAPH 1 OF SUB-
SECTION N, ADULT USES, OF SEC-
TION 10-27-1, SPECIAL PROVISIONS,
EXCEPTIONS AND MODIFICATIONS,
OF CHAPTER 27, SPECIAL PROVI-
SIONS, EXCEPTIONS AND MODIFICA-
TIONS; AND ENACTING IN LIEU
THEREOF A NEW PARAGRAPH 1 OF
SUBSECTION N, ADULT USES, OF
SAID SECTION 10-27-1, AND
REPEALING THE TITLE OF SUBSEC-
TION A AND THE FIRST SENTENCE OF
THE UNNUMBERED PARAGRAPH IM-
MEDIATELY AFTER THE TITLE OF
SUBSECTION A, SPECIAL PERMITS,
OF SECTION 10-28-4, SPECIAL PER-
MITS, APPEALS, AND VARIANCES, OF
CHAPTER 28, BOARD OF ADJUST-
MENT; AND ENACTING IN LIEU
THEREOF A NEW TITLE OF SUBSEC-
TION A AND A NEW FIRST SENTENCE
OF THE UNNUMBERED PARAGRAPH
IMMEDIATELY AFTER THE TITLE OF
SAID SUBSECTION A, AND
REPEALING THE TITLE OF SUBSEC-
TION E AND THE FIRST SENTENCE OF
THE UNNUMBERED PARAGRAPH IM-
MEDIATELY AFTER THE TITLE OF
SUBSECTION E, CONDITIONS AT-
TACHED TO SPECIAL PERMITS, CON-
DYTIONAL USES OR VARIANCES, OF
SECTION 10-28-4, SPECIAL PERMITS,
APPEALS, AND VARIANCES. OF CHAP-
TER 28, BOARD OF ADJUSTMENT;
AND ENACTING IN LIEU THEREOF A
NEW TITLE OF SUBSECTION E AND
NEW FIRST SENTENCE OF THE
UNNUMBERED PARAGRAPH IMMEDI-
ATELY AFTER THE TITLE OF SAID
SUBSECTION E, AND
REPEALING SUBSECTION D OF SEC-
TION 10-32-1, AMENDMENTS, OF
CHAPTER 32, AMENDMENTS; AND
ENACTING IN UEU THEREOF NEW
SUBSECTION D OF SAID SECTION
10-32-1.
BE IT ORDAINED by the City Council of
the City of Waterloo that the CIN of
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Watedoo Zoning Ordinance No. 5079. as
previously amended, is amended as set
out herein, repealing those sections that
are being replaced and setting forth the
amendment or replacement sections, and
further amending said Ordinance by
adding amendments as set out herein.
Said Ordinance, as amended hereby,
shall apply to all lands lying within the
corporate limits of the City of Waterloo,
Black Hawk County, Iowa. This Ordi-
nance shall be in full force and effect after
its final passage and publication as
provided by law.
BE IT ORDAINED by the City Council of
the City of Waterloo, Iowa:
That Subparagraphs a, b, and a of
Paragraph 2, Necessary Conditions, of
Subsection D, Home Occupations, of
Section 10-5-1, General Regulations, of
Chapter 5. General Regulations, are
hereby repealed in their entirety; and that
new Subparagraphs a, b, and a of said
Paragraph 2 are hereby enacted in lieu
thereof, as follows:
a. Such occupation shall be conducted
solely by resident occupants of the
residence located on the property. 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 vicinity of the home occupation;
b. No more than one room or twenty -live
(25) percent of the gross area of one floor
of said residence, whichever is less, shall
be used for such purpose. Use of an
accessory building (attached or detached)
fa these purposes is allowed only upon
approval of a Special Permit by the Board
of Adjustment after recommendation of
the Commission, 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 structures
in the case of legal non -conforming
structures exceeding the size allowed by
Section 10-5-1, Any existing home
occupation operated from any accessory
building(s) prior to adoption of Ordinance
5648 adopted 06120/22 will not require
Special Perron approval, but any new
home occupation using an accessory
building or an existing home occupation
that proposes to expand into an accesso-
ry building shall first obtain Special Permit
approval. Home occupation use of an
accessory building shall not cause a
dwelling to become noncompliant with
accessory structure requirements of Sec-
tion 10-5-1(E) or parking requirements of
Section 10-25-2(D)(15);
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, regard-
less if licensed for highway use
That Paragraph 1 of Subsection E.
Accessory Structures, of Section 10-5-1,
General Regulations, of Chapter 5,
General Regulations, is hereby repealed
in its entirety; and that a new Paragraph 1
of said Subsection E is hereby enacted in
lieu thereof, as follows:
1. Residential Accessory Structures:
Accessory structures, except stables,
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 requirements
for a principal building are compiled 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
tour (4) sides, attached or detached,
being constructed and maintained, and no
two-family dwelling shall be constructed
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) toot deep. Existing homes
with accessory structures shall not alter
the accessory structures in a manner that
causes them to have less than the
minimum size required or increase
existing non-conformance, unless ordered
to be demolished as an unsafe structure
by the Building Official of designee.
Accessory structures attached or connec-
ted to the principal building shall not
exceed the square footage of the principle
permitted use (not including decks or
unendosed porches, calculated based on
the area of the base or lootprinr of the
structure), however this provision shall
not prohibit a five hundred seventy-six
(576) square foot attached garage
provided that of other requirements are
met. Accessory structures that are not a
part of the main building shall not exceed
fifteen (15) feet. in heioht with a less than
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Proof of Publication ***
two story rnncpar rermatea use, ano
eighteen (18) feet in height for a two story
or greater Principal Permitted Use. In
conjunction with any one or two family
residence, accessory structures that are
not a part of the main building shall not
occupy more than thirty (30) percent of
the rear yard and shall not cover more
than eight hundred fifty (850) square feet
total. Said structures may exceed the
eight hundred fifty (850) square feet total
but shall not occupy more than six (6)
percent of the lot on which said structures
are located and in no case shell the total
of said structures be larger than 1,800
square feet. Accessory structures (attach-
ed or detached) to a residential use shall
not be constructed of metal materials for
exterior siding, except for horizontal
aluminum/steel siding common on many
residential structures and except struc-
tures that are two hundred (200) square
feet or less. Accessory structures that are
not part of the main building shall not be
Oonstructed of metal materials for exterior
rooting if the lowest point of the roof is
closer than seven (7) feet from the
adjacent 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 structure limit. Structures that
are less than fifty (50) square feet but
more than nine (9) square feet shall not
be included in the accessory structure
limit, however no one or two family
residence shall have more than two (2)
such structures excluded from the
accessory structure limit. Accessory struc-
tures 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 requirements, however this
provision shall not authorize accessory
structures over any property line, platted
building line, or easement. Freestanding
or attached metal -framed carports, or
similar structures, shall be prohibited in
conjunction to any residential use. In
conjunction with any multiple family
residence (three or more dwelling units),
accessory structures that are not a part of
the main building shall not exceed a total
size of more than five hundred seventy-
six (576) square feet in area per dwelling
unit.
That the last unnumbered Paragraph of
Subsection E, Accessory Structures, of
Section 10-5-1, General Regulations, of
Chapter 5, General Regulations, is
hereby repealed in its entirety, and that a
new last unnumbered Paragraph of said
Subsection E is hereby enacted in lieu
thereof, as follows:
Fences shall be considered accessory
structures but shall be regulated by
Section 10-5-1(C). Signs shall be consid-
ered accessory structures but shall be
regulated by Chapter 25. Other accessory
structures such as flagpoles, swimming
pools (including hot tubs and spas), swing
sets/playground equipment, 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 water
over twenty-four (24) inches shalt 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 considered 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 required
between an attached deck and an
accessory 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 calcula-
ted herein. Accessory solar facilities
meeting the requirements of Section
10-27-1(L) shall be considered accessory
structures but shall be regulated by
Section 10-27-1(L). Small wind energy
facilities meeting the requirements of
Section 10-27-1(T) shall be considered
accessory structures but shall be regula-
ted by Section 10-27-1(T).
That Paragraph 3, Expansion of Existing
Use, of Subsection S, Landscaping
Regulations, of Section 10-5-1, General
Regulations, of Chapter 5, General
Regulations, is hereby repealed in its
entirety: and that a new Paragraph 3 of
said Subsection S is hereby enacted in
lieu thereof, as follows:
3. Expansion of Existing Use.
For additions to existing buildings or
parking areas, the following percent of
total points and total landscaped area
shell be applied to the project dependent
upon the total size of all additions since
the adoption of this Section:
The lesser of: Shall require:
Less than 10% addition
*** Proof of Publication ***
Nothing
10.4 - 20% aor
sriee2%oOrdinance equmnts
21% 2000 addition or square feet
50of Ordinance require
% dinents
41°'0 - 50°^755of Ordinon or � square
requirements
51 % addition or 2501 square feet
100% of Ordinance requirements
That Paragraph 1 of Subsection A,
Principal Permitted Uses, of Section
10-6-1. Regulations, of Chapter 6, "A-1"
Agricultural District, is hereby repealed in
its entirety; and that a new Paragraph 1 of
said Subsection A is hereby enacted in
lieu thereof, as follows:
1. Agriculture, farming and the usual
agricultural buildings and structures,
including specialized animal farms, provi-
ded 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 confinement area (excluding
pastures) for farm animals shall have a
minimum 10-foot setback from all proper-
ty lines. Due to the incompatibility of faro
animals and livestock with urban develop-
ment, large scale animal operations,
including animal confinement operations,
shall be prohibited unless the Board of
Adjustment, through Special Permit appli-
cation, shall find that a proposed
operation would be consistent and
compatible with existing and future
surrounding land uses. 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 immediate family. For the
purpose of this Section, the immediate
family shall be interpreted as father,
mother, son. daughter, wife, husband.
brother, sister, grandparent or grandchild.
Only one (1) lot that is a minimum of three
(3) acres for this purpose shell be
separated from a faro and at least
thirty-five (35) acres shall remain after the
transfer with the farm.
That Paragraph 3 of Subsection A,
Principal Permitted Uses, of Section
10-6-1, Regulations. of Chapter 6, "A-1"
Agricultural District, shall be amended in
part by striking the last sentence of
Paragraph 3 of said Subsection A, as
follows:
Private (non-commercial) stables shall not
be subject to the ten (10) acres
requirement.
That Paragraph 2 of Subsection B,
Accessory Uses, or Section 10-6-1,
Regulations. of Chapter 6, "A-1" Agricul-
tural District, is hereby repealedat its
entirety; and that a new Paragraph 2 of
said Subsection B is hereby enacted in
lieu thereof. as follows:
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 require-
ments of Section 10-7-2(B)(4). Any
existing private non-commercial stable
accessory to a principal permitted use
maintained with horses prior to and
through the adoption of Ordinance 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.
That Paragraph 2 of Subsection B,
Accessory Uses, of Section 10-10-1,
Regulations, of Chapter 10,'R-3" Multiple
Residence District, is hereby repealed in
its entirety; and that a new Paragraph 2 of
said Subsection B is hereby enacted in
lieu thereof. as follows:
2. Other accessory uses and structures,
not otherwise prohibited, customarily
accessory and incidental to any permitted
principal use, including child daycare
incidental to a non-residential principal
permitted use (residential regulated by
home occupation provisions in Section
10-5-1(D)). Accessory structures shall
meet the requirements provided for
residential accessory structures in Sec-
tion 10-5-1(E). including structures acces-
sory to non-residential principally permit-
ted uses unless approved by Special
Permit.
That the Title of Chapter 13, "S-1' District
Regulations (Shopping Center Commer-
cial District), is hereby repealed in its
entirety and that a new Title of Chapter
13, "S-1" Shopping Center District, is
hereby enacted in lieu thereof.
That Subsection B, Standards, of Section
10-13-1, Regulations, of Chapter 13,
"S-1" Shopping Center District, is hereby
repealed in its entirety and that a new
Subsection B, Standards, of said Section
10-13-1 is hereby enacted in lieu thereof,
as follows:
B. Standards.
Uses permitted in the "S r District shall
include any use permitted in the "C 3"
District, except adult uses as defined in
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Ivhs VrU,rlerlue, artt] exu rapt eial an
alcohol sales use shall meet the
requirements of the "C-2" District, and
except as limited by this district, provided,
however, the Council may consider any
additional restrictions proposed by the
owner. The lot area, lot frontage, and yard
requirements of the "C 2" District shall be
considered minimum for the "S I" District;
however, it is expected that these
minimums wit be exceeded in most
situations. Builongs may be erected to
heights greater than those allowed in the
anC t" Dpurpose
inaccordance
thisaSection, and intent
the
and purpose
minimum yard requirements and parking
requirements of this Ordinance shall
apply to all developments, except that the
the
Council re may, after commendation
from the Commission, alter those require-
ments to preserve the imam and purpose
of this Ordinance. and 31 of
That Paragraphs 1, 26,
Subsection A, Principal Permitted Uses,
of Section 10-19-1, Regulations, of
Chapter 19, "M-1" Light Industrial District,
are hereby repealed in their entirety: and
that new Paragraphs 1. 26, and 31 of said
Subsection A are hereby enacted in lieu
thereof, as follows:
1. Any use permitted in the "C 3" District,
except that alcohol sates uses shall meet
the regulations of the "C-2" Commercial
District and except that no occupancy
permit shall be issued for any school,
hospital, clinic, or other institution for
human care (excluding child daycare
facilities), or new dwelling or residence
except where physicalty attached and a
part of another permitted use. This
restriction shall apply to new dwellings or
residences only, and shall not prohibit the
rehabilitation, reconstruction, or rebuilding
of dwellings or residences in Industrial
districts that were Iegaily built prior to
adoption of Ordinance 2479, adopted 02
/03/69. Furthermore, any such legally
established dwelling or residence may be
rebuilt, 11 damaged or destroyed, on the
same lot as legally established, provided
that all other rules and regulations of this
Ordinance are met. Far the purposes of
this Ordinance, any such legally estab-
lished dwelling or residence is not
considered a non -conforming use as
defined herein, but is considered a legal
use as described in this paragraph.
However, such rebuilding must occur
within two (2) years of the removal of the
original structure or within two (2) years of
removal of a legal replacement structure.
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 rendering
or refining of fats and oils.
31. Wholesale Warehouse or Business,
cross -docking warehouse, or shipping
terminal.
That Paragraph 2 of Subsection A,
Principal Permitted Uses, of Section
10-20-1, Regulations, of Chapter 20,
"M-2" Heavy Industrial District, Is hereby
repealed in its entirety; and that a new
Paragraph 2 of said Subsection A is
hereby enacted in lieu thereof, as follows:
2. No occupancy or building permit shall
be issued for any dwelling, school,
hospital, clinic, or other institution for
human care (excluding child daycare
facilities), except where physically attach-
ed and a part of another permitted
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.
That Subparagraphs t and g of Paragraph
4 of Subsection A. Principal Permitted
Uses. of Section 10-20-1, Regulations, of
Chapter 20, "M-2" Heavy Industrial
District, are hereby repealed in their
entirely; and that new Subparagraphs f
and g of said Paragraph 4 are hereby
enacted in lieu thereof, as follows:
f. Rendering Of refining of fats and oils.
g. FeMlizer manufacture or processing.
That Paragraph 9 of Subsection 8,
General Requirements, of Section
10-25-2, Off -Street Parking Area Re-
quired, of Chapter 25, Vehicular Use,
Parking and Loading Areas, Public
Garages, Parking Lots and Filling Sta-
tions, is hereby repealed in its entirety;
and that a new Paragraph 9 of said
Subsection B is hereby enacted in lieu
thereof. as follows:
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 parkinfacilities fronting on a
public street shallbe so designed so as to
permit entrance and exit by lanyard
movement of the vehicle. The backing or
backward movement of vehicles from an
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off-street parking facility onto a public
street shall be strictly prohibited, except
for one and two family dwellings and
except multi -family row dwellings meeting
the requirements of 10-25-2(6)(18). 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. The minimum driveway width
between two rows of ll
be fifteen (15)parking stalls
feet for 45 degree angled
parking, nineteen (19) feet for 60 degree
angled parking or for 45 degreeand 60
degree herring bone pattern parking, and
twenty -tour (24) feet for 90 degree
parking. The minimum driveway width
when other than
en two rows of
parking stalls shall be fifteen (15) feet for
one-way access and twenty (20) feet for
two-way access.
That Paragraph 26, Pole or Post Sign, of
Subsection 8, Definitions, of Section
10-26-1, Outdoor Advertising Signs and
Billboards, of Chapter 26, Outdoor
Advertising Signs and Billboards, is
hereby repealed in its entirety; and that a
new Paragraph 26, Pole or Post Sign, of
said Subsection B is hereby enacted in
lieu thereof, as follows:
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 descri-
bed in the definition of Monument Sign
above unless the bottom of the sign is ten
(10) feet or greater above the grade.
That Subparagraph a of Paragraph 1,
Exemptions, of Subsection C, Regulation
of All Signs, of Section 10-26-1, Outdoor
Advertising Signs and Billboards. of
Chapter 26, Outdoor Advertising Signs
and Billboards, is hereby repealed in its
of entirety; that a new Exemptions, ofph a
said
S section C
Subsection C is hereby enacted in lieu
thereof, as follows:
a. Traffic control signs or devices placed
or approved by the City o1 Waterloo;
That Subparagraph x of Paragraph 8 of
Subsection H, Special Permit Required,
of Section 10-27-1, Special Provisions,
Exceptions and Modifications, of Chapter
27, Special Provisions Exceptions and
Modifications, is hereby repealed in its
entirety and that a new Subparagraph x
of said Paragraph 8 is hereby enacted in
lieu thereof, as follows:
x. Any new yard must be at least 600 feet
from any protected use as defined herein.
This provision shall not restrict the
expansion of an existing yard that is
already less than 800 feet.
That Subsection H, Special Permit
Required, of Section 10-27-1, Special
Provisions. Exceptions and Modifications,
of Chapter 27, Special Provisions,
Exceptions and Modifications, is hereby
amended to add new Paragraphs 29 and
30 of said Subsection H, as follows:
29. Home occupations operated from an
accessory building (attached or detach-
ed).
30. Utility scale solar farms of 750 kilowatt
or larger.
That the first unnumbered Paragraph
immediately after current Paragraph 28
(after proposed Paragraph 30) of Subsec-
tion H, Special Permit Required, of
Section 10-27-1, Special Provisions,
Exceptions and Modifications, of Chapter
27, Special Provisions, Exceptions and
Modifications, is hereby repealed in its
entirety; and that a new unnumbered
Paragraph immediately after current
Paragraph 28 (after proposed Paragraph
30) of said Subsection H is hereby
enacted in lieu thereof, as follows:
Before issuance of any Special Permit for
any of the above buildings or uses, the
Board of Adjustment shall refer the
proposed application to the Commission,
which shall be given forty-five (45) days in
which to make a recommendation regard-
ing the effect of such proposed building or
use upon the character of the neighbor-
Irixa6 traffic conditions, public utility
facilities and other matters pertaining to
the general welfare. No action shell be
taken upon any application for a proposed
building or use above referred 10 until and
unless the Commission has made
recommendation. The provisions of
10-28-4 (Special Permit, Appeals, and
Variances) shall also apply.
That Subsection K, Subdividing of Lots, of
Section 10-27-1, Special Provisions,
Exceptions and Modifications, of Chapter
27, Special Provisions, Exceptions and
Modifications, is hereby repealed in its
entirety; and that a new Subsection K of
said Section 10-27-1 is hereby enacted in
lieu thereof, as follows:
K. Stddiving of Lots.
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
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y0I 111411 me ,aqunmucuu. Ill n,ra
Ordinance, lots may, if they have
sufficient property to, be subdivided to
create buildable lots of similar size alter
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 radius
of the lot or lots to be subdWbed. 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 distnct in which the lots are located.
In computing the averages, the lot or lots
to be subdivided and any rot with other
than a one or two family residential use or
in other than a "R-1" or "R-2" district, or
any lot that is more than four (4) times the
minimum lot area of the district in which
the lots are located shall not be included.
Buildable vacant lots In a "R-1" or "R-2"
district shall be included but non -buildable
vacant lots shall not be included.
Divisions for non -developmental or own-
ership 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 subdivided must
meet all other applicable yard require-
ments.
That a new unnumbered Paragraph
immediately after Paragraph 7 of Subsec-
tion L, Solar Collector Systems, of
Section 10-27.1, Special Provisions,
Exceptions and Modifications, of Chapter
27, Special Provisions, Exceptions and
Modifications, is hereby inserted, as
follows:
Utility scale solar farms of 750 kilowatt or
larger size may be allowed in any zoning
district upon approval of a Special Permit
by the Board of Adjustment after
recommendation of the Commission.
That Paragraph 1 of Subsection N, Adult
Uses, of Section 10-27-1, Special Provi-
sions, Exceptions and Modifications, of
Chapter 27, Special Provisions, Excep-
tions and Modifications, is hereby re-
pealed in its entirety; and that a new
Paragraph 1 of said Subsection N is
hereby enacted in lieu thereof, as follows:
1. The minimum separation requirements
of adult uses may be varied by the Board
of Adjustment if the person applying for
the Variance files an application for a
Variance with the City Planner. Included
with said application shall be a consent
petition which indicates approval 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
considering such a Variance shall make
the following findings: that the proposed
use will not be contrary to the public
interest or injurious to nearby properties,
and that the spirt and intent of the
Ordinance will be observed, that the
establishment of an additional use of this
type in the area will not be contrary to the
program of neighborhood conservation or
improvement, either residential or non-
residential, and that all applicable regula-
tions of this Ordinance will be observed.
That the Title of Subsection A and the first
sentence of the unnumbered Paragraph
immediately after the Title of Subsection
A, Special Permits, of Section 10-28-4,
Special Permits, Appeals, and Variances,
of Chapter 28, Board of Adjustment. is
hereby repealed in its entirety; and that a
new Title of Subsection A and a new first
sentence of the unnumbered Paragraph
immediately after the Title of said
Subsection A is hereby enacted in lieu
thereof, as follows:
A. Special Permits (Conditional Uses).
Requests for Special Permits (also called
Conditional Uses) shall be submitted to
the City Planner who shall forward such
to the Board of Adjustment for considera-
tion, after recommendation of the Com-
mission.
That The Title of Subsection E and the
first sentence of the unnumbered Para-
graph immediately after the Title of
Subsection E, Conditions Attached to
Special Permits, Conditional Uses or
Variances, of Section 10-28-4, Special
Permits, Appeals, and Variances, of
Chapter 28, Board of Adjustment, is
hereby repealed in its entirety; and that a
new Title of Subsection E and a new first
sentence of the unnumbered Paragraph
immediately after the Title of said
Subsection E is hereby enacted in lieu
thereof, as follows:
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 necessary to further the purpose
of this Ordinance.
That Subsection D of Section 10.32-1,
Amendments, of Chapter 32, Amend-
ments, is hereby repealed in its entirety;
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and that a new Subsection D of said
Section 10-32-1 is hereby enacted in lieu
thereof, as follows:
D. Before any action shall be taken as
provided in this part, the party or parties
proposing or recommending a change in
the district regulations or district bounda-
ries shall deposit with the City Planner a
tiling tee in accordance with the Schedule
of Fees, as adopted by resolution by the
City Council. to cover the costs of this
procedure and under no condition shall
said sum or any part thereof be refunded
for failure of said amendment to be
enacted into law.
PASSED AND ADOPTED this 20th day of
June 2022.
Quentin Hart, Mayor
Kelley Felchle, City Clerk