HomeMy WebLinkAbout5648-06.20.22 (RECORDED) IIII III III IIIII IIIII III I IIUl IIIII IM I
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Black Hawk County Iowa
SANDIE L. SMITH RECORDER
File2023-00011233
Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo,
cto IA 50703, (319)291-4323.
ORDINANCE NO. 5648
AN ORDINANCE AMENDING ORDINANCE NO. 5079, AS AMENDED,
THE CITY OF WATERLOO ZONING ORDINANCE ADOPTED OCTOBER
17, 2011, BY:
REPEALING SUBPARAGRAPHS A, B, AND E OF PARAGRAPH 2,
NECESSARY 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 I OF SUBSECTION E, ACCESSORY
STRUCTURES, OF SECTION 10-5-1, GENERAL REGULATIONS, OF
CHAPTER 5, GENERAL 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 SECTION 10-5-1, GENERAL
REGULATIONS, OF CHAPTER 5, GENERAL REGULATIONS; AND
ENACTING IN LIEU THEREOF NEW LAST UNNUMBERED PARAGRAPH
OF SAID SUBSECTION E,AND
REPEALING PARAGRAPH 3, EXPANSION OF EXISTING USE, OF
SUBSECTION S, LANDSCAPING REGULATIONS, OF SECTION 10-5-1,
GENERAL REGULATIONS, OF CHAPTER 5, GENERAL REGULATIONS;
AND ENACTING IN LIEU THEREOF NEW PARAGRAPH 3, EXPANSION
OF EXISTING USE, OF SAID SUBSECTION S, AND
REPEALING PARAGRAPH 1 OF SUBSECTION A, PRINCIPAL
PERMITTED USES, OF SECTION 10-6-1, REGULATIONS, OF CHAPTER 6,
"A-1" AGRICULTURAL DISTRCT; AND ENACTING IN LIEU THEREOF
NEW PARAGRAPH 1 OF SAID SUBSECTION A, AND
AMEND PARAGRAPH 3 OF SUBSECTION A, PRINCIPAL PERMITTED
USES, OF SECTION 10-6-1, REGULATIONS, OF CHAPTER 6, "A-I"
AGRICULTURAL DISTRICT, BY STRIKING THE LAST SENTENCE OF
SAID PARAGRAPH 3, AND
REPEALING PARAGRAPH 2 OF SUBSECTION B, ACCESSORY USES, OF
SECTION 10-6-1, REGULATIONS, OF CHAPTER 6, "A-I" AGRICULTURAL
DISTRICT; AND ENACTING IN LIEU THEREOF NEW PARAGRAPH 2 OF
SAID SUBSECTION B, AND
REPLEALING PARAGRAPH 2 OF SUBSECTION B, ACCESSORY USES, OF
SECTION 10-10-1, REGULATIONS, OF CHAPTER 10, "R-3" MULTIPLE
RESIDENCE DISTRICT; AND ENACTING IN LIEU THEREOF NEW
PARAGRAPH 2 OF SAID SUBSECTION B, AND
(i2J
Ordinance No. 5648
Page 2
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 DISTRICT, AND
REPEALING SUBSECTION B, STANDARDS, OF SECTION 10-13-1,
REGULATIONS, OF CHAPTER 13, "S-1" SHOPPING CENTER DISTRICT;
AND ENACTING IN LIEU THEREOF NEW SUBSECTION B, STANDARDS,
OF SAID SECTION 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 SUBSECTION A, PRINCIPAL
PERMITTED USES, OF SECTION 10-20-1, REGULATIONS, OF CHAPTER
20, "M-2" HEAVY INDUSTRIAL DISTRICT; AND ENACTING IN LIEU
THEREOF NEW PARAGRAPH 2 OF SAID SUBSECTION A,AND
REPEALING SUBPARAGRAPHS F 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;
AND ENACTING IN LIEU THEREOF NEW SUBPARAGRAPHS F AND G
OF SAID PARAGRAPH 4,AND
REPEALING PARAGRAPH 9 OF SUBSECTION B, GENERAL
REQUIREMENTS, OF SECTION 10-25-2, OFF-STREET PARKING AREA
REQUIRED, OF CHAPTER 25, VEHICULAR USE, PARKING AND
LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND FILLING
STATIONS; AND ENACTING IN LIEU THEREOF NEW PARAGRAPH 9 OF
SAID SUBSECTION B,AND
REPEALING PARAGRAPH 26, POLE OR POST SIGN, OF SUBSECTION B,
DEFINITIONS, OF SECTION 10-26-1, OUTDOOR ADVERTISING SIGNS
AND BILLBOARDS, OF CHAPTER 26, OUTDOOR ADVERTISING SIGNS
AND BILLBOARDS; 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,
OUTDOOR ADVERTISING SIGNS AND BILLBOARDS, OF CHAPTER 26,
OUTDOOR ADVERTISING SIGNS AND BILLBOARDS; 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 SECTION 10-27-1, SPECIAL
PROVISIONS, EXCEPTIONS AND MODIFICATIONS, OF CHAPTER 27,
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS; AND
ENACTING IN LIEU THEREOF NEW SUBPARAGRAPH X OF SAID
PARAGRAPH 8,AND
AMENDING SUBSECTION H, SPECIAL PERMIT REQUIRED, OF SECTION
10-27-1, SPECIAL PROVISIONS, EXCEPTIONS 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
FOLLOWING CURRENT PARAGRAPH 28 (AFTER PROPOSED
Ordinance No. 5648
Page 3
PARAGRAPH 30) OF SUBSECTION H, SPECIAL PERMIT REQUIRED, OF
SECTION 10-27-1, SPECIAL PROVISIONS, EXCEPTIONS AND
MODIFICATIONS, OF CHAPTER 27, SPECIAL PROVISIONS,
EXCEPTIONS AND MODIFICATIONS; AND ENACTING IN LIEU
THEREOF A NEW FIRST UNNUMBERED PARAGRAPH IMMEDIATELY
FOLLOWING CURRENT PARAGRAPH 28 (AFTER PROPOSED
PARAGRAPH 30)OF SAID SUBSECTION H, AND
REPEALING SUBSECTION K, SUBDIVIDING OF LOTS, OF SECTION 10-
27-1, SPECIAL PROVISIONS, EXCEPTIONS 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 PROVISIONS, EXCEPTIONS AND
MODIFICATIONS, OF CHAPTER 27, SPECIAL PROVISIONS,
EXCEPTIONS AND MODIFICATIONS, AND
REPEALING PARAGRAPH 1 OF SUBSECTION N, ADULT USES, OF
SECTION 10-27-1, SPECIAL PROVISIONS, EXCEPTIONS AND
MODIFICATIONS, OF CHAPTER 27, SPECIAL PROVISIONS,
EXCEPTIONS AND MODIFICATIONS; 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 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; AND ENACTING IN LIEU THEREOF A NEW
TITLE OF SUBSECTION A AND A NEW FIRST SENTENCE OF THE
UNNUMBERED PARAGRAPH IMMEDIATELY AFTER THE TITLE OF
SAID SUBSECTION A, AND
REPEALING THE TITLE OF SUBSECTION E AND THE FIRST SENTENCE
OF THE UNNUMBERED PARAGRAPH 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; AND ENACTING IN LIEU THEREOF A NEW
TITLE OF SUBSECTION E AND NEW FIRST SENTENCE OF THE
UNNUMBERED PARAGRAPH IMMEDIATELY AFTER THE TITLE OF
SAID SUBSECTION E, AND
REPEALING SUBSECTION D OF SECTION 10-32-1, AMENDMENTS, OF
CHAPTER 32, AMENDMENTS; AND ENACTING IN LIEU THEREOF NEW
SUBSECTION D OF SAID SECTION 10-32-1.
BE IT ORDAINED by the City Council of the City of Waterloo that the City of Waterloo
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 Ordinance 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:
Ordinance No. 5648
Page 4
That Subparagraphs a, b, and e 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 e 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-five (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) for 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 06/20/22 will not require Special Permit approval, but any
new home occupation using an accessory building or an existing home occupation
that proposes to expand into an accessory building shall first obtain Special Permit
approval. Home occupation use of an accessory building shall not cause a dwelling to
become non-compliant with accessory structure requirements of Section 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,regardless 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 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,
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) foot 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 or designee. Accessory
structures attached or connected to the principal building shall not exceed the square
footage of the principle permitted use (not including decks or unenclosed porches,
calculated based on the area of the base or "footprint" of the structure), however this
provision shall not prohibit a five hundred seventy-six (576) square foot attached
garage provided that all other requirements 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
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 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
Ordinance No. 5648
Page 5
siding, except for horizontal aluminum/steel siding common on many residential
structures and except structures that are two hundred (200) square feet or less.
Accessory structures that are not part of the main 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 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 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 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 considered 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 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 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 calculated
herein. Accessory solar facilities meeting the requirements of Section 10-27-1(L) shall
be considered accessory structures but shall be regulated by Section 10-27-1(L). Small
wind energy facilities meeting the requirements of Section 10-27-1(T) shall be
considered accessory structures but shall be regulated 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 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
Ordinance No. 5648
Page 6
41% - 50%addition 75% of Ordinance
or 2500 square feet requirements
51% addition or 100%of Ordinance
2501 square feet 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, 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 confinement area (excluding pastures) for farm
animals shall have a minimum 10-foot setback from all property lines. Due to the
incompatibility of farm animals and livestock with urban development, large scale
animal operations, including animal confinement operations, shall be prohibited
unless the Board of Adjustment, through Special Permit application, 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 shall be separated from a farm 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" Agricultural 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. 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 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 Section 10-5-1(E), including
structures accessory to non-residential principally permitted uses unless approved by
Special Permit.
Ordinance No. 5648
Page 7
That the Title of Chapter 13, "S-I" District Regulations (Shopping Center Commercial
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-I" District shall include any use permitted in the "C-3"
District, except adult uses as defined in this Ordinance, and except that 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-1" 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 minimum yard requirements and parking requirements of this
Ordinance shall apply to all developments, except that the City Council may, after
recommendation from the Commission, alter those requirements to preserve the intent
and purpose of this Ordinance.
That 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, 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 sales 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
physically 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 legally built prior to adoption of Ordinance 2479, adopted 02/03/69.
Furthermore, any such legally established dwelling or residence may be rebuilt, if
damaged or destroyed, on the same lot as legally established, provided that all other
rules and regulations 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 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 attached and a part of another permitted principal use. The
Ordinance No. 5648
Page 8
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 f 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 entirety; and that new Subparagraphs f and g of said Paragraph 4 are hereby
enacted in lieu thereof, as follows:
f. Rendering or refining of fats and oils.
g. Fertilizer manufacture or processing.
That Paragraph 9 of Subsection B, General Requirements, of Section 10-25-2, Off-Street
Parking Area Required, of Chapter 25, Vehicular Use, Parking and Loading Areas, Public
Garages, Parking Lots and Filling Stations, 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
parking facilities fronting on a public street shall be so designed so as to permit
entrance and exit by forward movement of the vehicle. The backing or backward
movement of vehicles from an 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(B)(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 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
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 B, 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 described 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 entirety; and that a new Subparagraph
a of Paragraph 1, Exemptions, of said Subsection C is hereby enacted in lieu thereof, as follows:
a. Traffic control signs or devices placed or approved by the City of 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:
Ordinance No. 5648
Page 9
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 600 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 detached).
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 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 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 regarding the effect of
such proposed building or use upon the character of the neighborhood, traffic conditions,
public utility facilities and other matters pertaining to the general welfare. No action
shall be taken upon any application for a proposed building or use above referred to until
and unless the 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. Subdividing 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 greater than the requirements of this Ordinance,
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 radius 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 averages, the lot or lots to be subdivided and any lot 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
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 subdivided must meet all
other applicable yard requirements.
That a new unnumbered Paragraph immediately after Paragraph 7 of Subsection 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:
Ordinance No. 5648
Page 10
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 Provisions,
Exceptions and Modifications, of Chapter 27, Special Provisions, Exceptions and Modifications,
is hereby repealed 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 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 contrary
to the program of neighborhood conservation or improvement, either residential or
non-residential, and that all applicable regulations 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 consideration, after
recommendation of the Commission.
That The Title of Subsection E and the first sentence of the unnumbered Paragraph
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, Amendments, is
hereby repealed in its entirety; 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 boundaries
shall deposit with the City Planner a filing fee in accordance with the Schedule of
Fees, as adopted by resolution by the City Council, to cover the costs of this
procedure and under no condition shall said sum or any part thereof be refunded for
failure of said amendment to be enacted into law.
Ordinance No. 5648
Page 11
INTRODUCED:
PASSED 1st CONSIDERATION: June 20, 2022
PASSED 2nd CONSIDERATION: June 20, 2022
PASSED 3rd CONSIDERATION: June 20, 2022
PASSED AND ADOPTED this 20th day of June 2022.
eAtiv‘ ifart ll
SIGNED
SIGNED
Quentin Hart, Mayor
ATTEST:
Kelley Felchle sa
Kelley Felchle, City Clerk
CERTIFICATE
I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the
preceding is a true and complete copy of Ordinance No. 5648 as passed and adopted by the
Council of the City of Waterloo, Iowa, on the 20th day of June, 2022.
Witness my hand and seal of office this 20th day of June, 2022.
7(elley Felchle SE'GNE A "
a
Kelley Felchle, City Clerk
SEAL
', •• ° W
*** 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: 566.76
FILED ON: 11/10/2022
T issues of said paper containing said notice were duly
'circ lated • the regular m nner.
iirn 41-1,LA' ' --,,,,Ciiii,bi-1,-)
,J
iVlAc ' VALL
Notary Public in and for aid County
. MICHELLE GRAHAM
SOCQ Commission Number 837641
i
My Commission Expires
%owP February 23,2025
*** Proof of Publication ***
ORDINANCE NO.5848
ORDINANCE AMENDING ORDI- i Uteten t KN4S, Vt• btU l ION 1U-2t5-1, 1i fiterip0 Zonis Orreme nce No.5074,as Iwo story rimiest reime ee use, ana Notting
eE NO.5079,AS AMENDED.THE OUTDOOR ADVERTISING SIGNS AND Ma amended,M amended as set eighteen(18)feet In height for a two story 1 20%addtlon or 1000 square tent
OF WATERLOO ZONING ORDI- BILLBOARDS,OF CHAPTER 26,OUT- 1 out her ,re those sedate that or rater Principal Permitted Use. In �% f Ordinance requirements
E ADOPTED OCTOBER 17,2011, DOOR ADVERTISING SIGNS AND BILL- ero tieing rap aced and setting l the conjunction tr clan with any one or too family '21 A-40%addttfan or 2000 square feet
BOARDS; AND ENACTING IN LIEU amendment or replacement sections,end res a part ofa essrtuin builstrucding shallt not i 50%of Ordinance requirements
EALING SUBPARAGRAPHS A, 8, THEREOF NEW PARAGRAPH 26,POLE hlnher amending said Ordnance by4 41%-50%addition or2500 square feet
E OF PARAGRAPH 2,NECESSA- OR POST SIGN,OF SAID SUBSECTION adding aruendments as set out herein occupyt»rear red andi terry(330) percentt d75%d Ord nonce requirements
ONDITIONS,OF SUBSECTION D, B AND Said Oply to a lase amended hereby, Y
iE OCCUPATIONS, OF SECTION REPEALING SUBPARAGRAPH A OF ---,wee-t an*to all lends lying within the than eight hundred fifty(850)square feet .51%add'loao25001 square requirements
PARAGRAPH 1, EXEMPTIONS, OFrate limits of the City of Waterloo tot Said fifty res0)ses quare feet total exceed Tt at Paragraph 1 of Subsection A,
i, GENERAL REGULATIONS, OF SURSFC ION C,REGULATION OF ALL Ck Hawk Chanty, Iowa. This Ord- eightPermitted Uses, of Section
PTER 5,GENERAL REGULATIONS; SIGNS, OF SECTION 10-26-1, OUT- Regulations,of Chapter 6,'A-1"
ENACTING IN LIEU THEREOF DOOR ADVERTISING SIGNS AND BILL- trance shaft be In fait force and effect after per shalld nothe creepy which said than six
1P� . pt
SUBPARAGRAPHS A.B, AND E BOARDS,OF CHAPTER 26,OUTDOOR its final passage and pubiloaton as percent Agricultural District,is hereby repealed in
AID PARAGRAPH 2,AND provided law. are located and Ine no case shell the total Agdcu
FACING PARAGRAPH 1 OF SUB-
. ADVERTISING SIGNS AND BILL- BE IT OR�AINED by the City Council of of said structures be larger than 1,600 Its entirety;and that a new paragraph 1 d
TION B. ACCESSORY STRUC- BOARDS; AND ENACTING IN LIEU l�C"rty d Waterloo,bwa square feet.Accessory structures(attach said Subsection A Is hereby enacted to
THEREOF NEW SUBPARAGRAPH A OF That Subpera phs a, b, and a of ed or detached)be a residential use shall lieu thereof,as follows:
ES,OF SECTION 10-5-1,GENERAL
SAID PARAGRAPH 1,AND Paragraph 2, cessa Conditions, of not be constructed of metal materials for ;1. Agriculture, farming end the usual
ULATION5,OF CHAPTER 5,GEN- REPEALING SUBPARAGRAPH X OF Subsection a�upatons, of exterior siding, except for horizontal ag I and structures,
L REGULATIONS;AND ENACTING PARAGRAPH 8 OF SUBSECTION H. eel specialized animal farms,pro
EU THEREOF NEW PARAGRAPH 1 Section 10 5 1, General Regulations, atom num/at aiding common on many clod that n0 structures st al)be permitted
vi-
LAID SUBSECTION E,AND SPECIAL PERMIT REQUIRED,OF SEC- Chapter 5, General Regulations, are residential structures and except st e unites accessory to another Prirxdpal
FACING THE LAST UNNUMBERED TION 10-27.1, SPECIAL PROVISIONS, hereby repealed In their entirety;and that tures that are two hundred(200)squ Pemrtted Use ar unless such structures
EALING OF SUBSECTION F, EXCEPTIONS AND MODIFICATIONS, rew subpar graphs a,b,and a of said feet or less.Accessory stntcuree that are are located on a farm as defined herein.
OF CHAPTER 27, SPECIAL PROVE paragreph 2 are hereby enacted in lieu not part of the male building shall not be My fenced confinement area(excluding
ESSORY STRUCTURES,OF SEC- SIONS, EXCEPTIONS AND MODIF1CA• thereof,as follows: constructed of metal materials for exterior totes)for farm animals shall have a
110.5.1,GENERAL REGULATIONS, TIONS: AND ENACTING IN LIEU e. Such oaupatiort shall be conducted roofing if the lowest point of the roof Is 'Pas. _
CHAPTER 5, GENERAL REGULA- THEREOF NEW SUBPARAGRAPH X OF solely by residers occupants of the closerj than gtleevecneq(7) feet front the ty lines. to the ncompaoWtltY of farm
NS; AND ENACTING IN LIEU 10-foot setback from all proper-
SAID PARAGRAPH 8,AND residence located on the property. No adjacent except structures that are tY, p
REOF NEW LAST UNNUMBERED AMENDING SUBSECTION H,SPECIAL non-rah dent employees can wank I om or two hundred (200) square feet or lose. animals and tvscale with urban develo
AGRAPH OF SAID SUBSECTION E, PERMIT REQUIRED, OF SECTION report o or park at the site d the home Structures that are less then nine (9) mart, large scale animal operations,
10-27-1, SPECIAL PROVISIONS, EX- occupation or park on a public street in square feet shall not be included In the 'Inclushall ti a semen goetd o}
FACING PARAGRAPH 3, EXPAN- CEPTIONS AND MODIFICATIONS, OF the vicin ty of the home occupation; accessory structure limit Structures thatprohibited
he
I OF EXISTING USE,OF SUBSEC- CHAPTER 27, SPECIAL PROVISIONS, b.No more then one roan or twenty-five are less than fifty (50)square feet but Adjustment,through Special Permit appli-
4 S. LANDSCAPING REGULA- EXCEPTIONS AND MODIFICATIONS, (25)percent of the gross area of one floor 'more then nine(9)square feet shell not catimesh illou find be that a prirOOPOs d
IS,OF SECTION 10-5-1.GENERAL TO ADD NEW PARAGRAPHS 29 AND of sad residence,whichever la less,shall be included in the accessory structure on with existing and future
ULATIONS,OF CHAPTER 5,GEN- 30 OF SAID SUBSECTION H,AND be used far such purpose. Use of an emit, however no one or two family c tips„__ A� a yule
L REGULATIONS;AND ENACTING REPEALING THE FIRST UNNUMBERED accessory building(attadud or detached) : residence shall have mare than two(2) sfurrou'"" I provided e that the owner
THEREOF NEW PARAGRAPH PARAGRAPH IMMEDIATELY FOLLOW- )or tilese purposes is allowed only upon such structures excl excluded from the tartly an in the
XPANSION OF EXISTING USE,OF INS CURRENT PARAGRAPH 28 (AF- y the Board accessory stucture limit.Accessory strut- t is ad+velly engaged
SUBSECTION S,AND approval of a Special Permit b lures that are one hundred twenty(120) {arming operat on end is a member of the
FACING PARAGRAPH 1 OF SUB- TER PROPOSED PARAGRAPH 30)OF of Adjustment after recommendation of tam owners immediate family. For the
'EION A, PRINCIPAL PERMITTED SUBSECTION H, SPECIAL PERMIT the Cmrrarlisslon,but shell be Imbed to square feet or less and am eight feet In of this Section,the immediate
S, OF SECTION 10-8-1, AEGUTA- REQUIRED, OF SECTION 10-27-1, to 0)accessory building with an area of height or less shall not be required to `family shall be interpreted as father,
JS, OF CHAPTERTION 6, FI AGRI- 'SPECIAL PROVISIONS, EXCEPTIONS said accessory Wilding or portion thereof meet setback requirements,however this I,mother, son daughter, wife, husband.
AND MODIFICATIONS,
OF CHAPTER U4ed forsuch occupation
limited to provision shall not authorize accessory Ithee I mother,sister,grandparent or grandchild.
TURAL DISTRCT;AND ENACTING three-fourths-(3/4)of the area permed structures over any property pia
EU THEREOF NEW PARAGRAPH 1 TK)NS AND MODIFICATIONS; ANDbuilding line,or easement Freestanding i Only one(1)tot that is a minimum d three
SAID SUBSECTION A,AND ENACTING IN LIEU THEREOF A NEW Sr a residential accessory three structure by-fourths (3/4) or attached metal-framed carp.ts, or (3) acres for this purpose shah be
IND PARAGRAPH 3 OF SUBSEC- FIRST UNNUMBERED PARAGRAPH Section f e•tting accessory structures similar structures, shall be prohibited In 35 acres shalt remain after the
and at least
it A,PRINCIPAL PERMITTED USES, IMMEDIATELY FOLLOWING CURRENTa non-conforming conjunction le any residential use. In thirty-five( )
SECTION 10-6-1, REGULATIONS, I PARAGRAPH 28 (AFTER PROPOSED a urns a ceedl time
size stowed •by cartel ion with any multiple family transfer with the farm.
CHAPTER 6,'A-1"AGRICULTURAL I PARAGRAPH 30) OF SAID SUBSEC- Section 10.5-1. Any existing home residence(three or more dwelling units), That
t Paragraph!3 emu` ionA,
rRICT, BY STRIKING THE LAST ,TION H.AND occupation operated from any accessory accessory strictures that are not a pan of 1 Permitted of Chapter, ofSection6 "A "
ffENCE OF SAID PARAGRAPH 3, REPEALING SUBSECTION K, SUBDl- building(s)prior to adoption d Ordinance the main building shall not exceed a total IA uilur utr Regulations,soft he amended in
IVIDING OF LOTS, OF SECTION 5648 adopted 06/20/22 will not require sized more than five hundred seventy- grt by ytrYting the last sentence d
FACING PARAGRAPH 2 OF SUB- 10-27-1, SPECIAL PROVISIONS, EX- Special Per u approval, but any new six(576)square feet In area per chveting lean
3 of said Subsection A, as
:TION B, ACCESSORY USES, OF L.CEPTIONS AND MODIFICATIONS, OF home pccupelon using an accessory unit.
:110N 10-6-1, REGULATIONS, OF CHAPTER 27,SPECIAL PROVISIONS, building or an existing home occupation That the last unnumbered Paragraph of fdlowa:
IPTER 6, 'A-1" AGRICULTURAL EXCEPTIONS AND MODIFICATIONS; that proposes to expend into an accesso Subsection B. Accessory Structures, of h v at(non-u m`ial)stables
�Oshall n t
IRICT; AND ENACTING IN LIEU AND ENACTING IN LIEU THEREOF A shall first obtain Special Permit Section 10-5-1,General Regulations,of subject
) acres
:REOF NEW PARAGRAPH 2 OF •NEW SUBSECTION K, SUBDIVIDING approval.
threat v J. Home occupation use of an Chapter 5, General Regulations, Is requirement
>SUBSECTION B,AND OF LOTS;OF SAID SECTION 10.27-t, accessory building slat not cause a hereby repealed in its entirety;and that a That Paragraph 2 of Subsection B,
LEALING PARAGRAPH 2 OF SUB- ANDnon-compliant with new last unnumbered Paragraph of said Accessory Uaes, or Section IS-6.1,
TION B, ACCESSORY USES. OF ;INSERTING NEW UNNUMBERED arm st becometu regguirnts of Sec- Subsection E is hereby enacted In lieu i Regulations,of Chapter 6,"A I'A in gricufs
;TION 10-10-1,REGULATIONS, OF PARAGRAPH IMMEDIATELY AFTER uirements of thereof,as follows: !.tonal District, is hereby repealed
TPTER 10, "R-3" MULTIPLE REST- PARAGRAPH 7 OF SUBSECTION L, fire 10-5 1(E)or perking req Fences shell be considered accessory entirety,and that a new Paragraph 2 of
ICE DISTRICT;AND ENACTING IN SOLAR COLLECTOR SYSTEMS, OF Section 1 al2be no); said Subsection B is hereby enacted In
SECTION 1, SPECIAL PROVI• e.Thera shall be outside Storage of Sectionres but shall be elfbe regulated by ;lieu thereof,as tailiows:
I THEREOF NEW PARAGRAPH 2 any Idrd related to the home occupation 10-5-1(C).Signs shalt be consid- 2.Stables,when private non-corrrnercial
SAID SUBSECTION B,AND SIONS, EXCEPTIONS AND MODIFICA- except for licensed and operable vehicles ered accessory ster25. a ler shall be and when accessory to a r ental
'EALING THE TITLE OF CHAPTER TIONS, OF CHAPTER 27, SPECIAL induct one (1)semi but excluding a regulated byChapter25.Other accessory dwelling and when not meeting the
"S-1" DISTRICT REGULATIONS PROVISIONS,EXCEPTIONS AND MOO- ngment,regard- structures such as llagpotes, swimming
OPPING CENTER COMMERCIAL IFICATIONS,AND si-train fother use
pools(including hot tubs and spese swing requirements as a principal permitted ussy
TF1lC AND ENACTING IN LIEU if sets/playground equipment, landscaping are allowed when meeting the require-
n REPEALING PARAGRAPH , OF SUB- That Ps graph 1 d Siiosactan E, features such as arbors and fountains, merits of Section 10.7.2(8){4). Any
:REOF NEW TiTLE OF CHAPTER SECTION N, ADULT USES, OF SEC- Aix Structures,d Section 10-5-1,
"S-1" SHOPPING CENTER DNS- TION 10-27-1, SPECIAL PROVISIONS, General Regidat• ' d Chapter 5, and other similar structures shall not be existing private non-common �e
T,AND EXCEPTIONS AND MODIFICATIONS, General Reguatons,is hereby repealed regulated by this Section, except that i accessory to a hofses prior to principal pe
'EALING SUBSECTION B, STAND- OF CHAPTER 27, SPECIAL PROVI- in is entirety;and that a new Paragraph 1 swimming pools capable of holding water maintained with
Ordnance 5648so
)S,OF SECTION 10-13-1,REGULA- 'SIONS, EXCEPTIONS AND MODIFICA- of •said S dsection E is hereby enacted in over twenty-four(24)Inches shall not be trough par
NS,OF CHAPTER 13, SHOP- TIONS; AND ENACTING IN LIEU lieu thereof,as tams permitted In the front yard of a residential adopted 06e20122 will not be required to
G CENTER DISTRICT;AND ENACT- THEREOF A NEW PARAGRAPH 1 OF i- Rreidenee' Accessory Strictures: use.A deck that is attached to or within meet the requirements of Section
IN LIEU THEREOF NEW SUBSEC- SUBSECTION N, ADULT USES, OF Accessory structures, except stables, three(3)feet of a principal structure shall 110n7xm8n4) and shall be a non-
e B, STANDARDS, OF SAID SEC- SAID SECTION 1027-1,AND AND be considered to be part of the principal ;That Paragraph 2 d Subsection B
REPEALING THE may be erected as a pan of the principal structure and subject to the regulations
HEALING}PARAGRAPHS 1,26,AND TION A AND THE FIRST SENTENCE OF !hoiden,OF suesEc- beew,ay ore structure provide or may be connectee thereto d for a principal structure, except as Accesses,Uses, of Section er 1 g-10-1C�I,
OF SUBSECTION A, PRINCIPAL THE UNNUMBERED PARAGRAPH IM- a and bulkingcode requirements provided h Section 10-27-1(G) and Ragusa is herebyrepealed in
IMITTED USES, OF SECTION MEDtATELY AFTER THE TITLE OF I for a�incipal building are complied with, i except that no setback shall be required deck and an ,its h;District,t a new Paragraph 2 of
'M-1"LIGHT INDUSTRIAL DIOF STRICT;AFTER SUBSECTION
10-28i•SPECIAL ECIAL PER- dwer Joy 1l' 2015, to sed r famed sso structure.een an �Detached decks said Subsection B Is hereby enacted In
l dwelling shall be constructed or moved more than three(3)feet from a i lieu thereof.as fdbws:
ENACTING SJ LIEU THEREOF MITS,APPEALS,AND VARIANCES,OF without a minimum of ap uses arid structures,
V PARAGRAPHS I,26,AND 31 OF CHAPTER 28, BOARD OF ADJUST- ado a PropealY (20)foot structure shall be regulated by is 2.Other accessory
D SUBSECTION A AND MENT; AND ENACTING IN LIEU I fourteen accet4ssory foot wide
enclosed on 'Section, except that one (1) detached net otherwise prohibited, customarily
'EALING PARAGRAPH 2 OF SUB- THEREOF A NEW TITLE OF SUBSEC- " I feee"our (4) si•des, attached or detached, deck d two hundred(200)square feet or 'accessory
uand incidental to anydaycare
tied
:TION A, PRINCIPAL PERMITTED TION A AND A NEW FIRST SENTENCE !bet constructed and maintained,and no less shall be in the including
child ES,OF SECTION 10-20.1,REGULA- OF THE UNNUMBERED PARAGRAPH eee.eo shalt be constructed accessory structure size limit as calcula- �tal b a non-residential principal
famtY fig ed use (residential regulated by
NS,OF CHAPTER 20,"M-t HEAVY IMMEDIATELY AFTER THE TITLE OF without said ted herein. Accessory solar facilities home provisions b Section
USTRAL DISTRICT; AND ENACT- SAID SUBSECTION A.AND 'or moved cce e y property
for each meeting the reguireni�its of Section home shall
minimum accessory 10-27-1 L shall be considered accessory 10-5.1(D)). Accessory structures
IN LIEU THEREOF NEW PARR- REPEALING THE TITLE OF SUBSEC- stricture a ()
�minirnamaof aAwsrxy two ty22)foot wide structures bud shall be tad by meet the requirements provided for
SPH 2 OF SAID SUBSECTION A. TIONTHE E AND THE FIRST SENTENCE OF ( rward residential accessory structures in Sec-
'EALING THE UNNUMBERED PARAGRAPH IM by uverty( ) E homes Section 10-27-1(L). Small wind energy udl
'EALING SUBPARAGRAPHS F AND MEDIATELY AFTER THE TITLE OF with s oryfstructures shell not alter facilities meeting_the requirements d 'ton 10 5�E),Vital p structures
-
to ppee��dt-
IF PARAGRAPH 4 OF SUBSECTION SUBSECTION E, CONDITIONS AT- the essory structures Ina manner that Section 10-27.1 shall be considered ted uses unless approved by PP"w'ia-
PRINCIPAL PERMITTED USES, OF TACHED TO SPECIAL PERMITS,CON- pauses ahem fo have less then the accessory structures but shall be reguta- Panne
;TION 10-20-1, REGULATIONS, OF DITIONAL USES OR VARIANCES,OF minks um size required o increase I ted by Section 10-27-1(T). �t tie Title of Chapter 13,"S-i-Dlsuict
SPTER 20,'M-2"HEAVY INDUSTRI- SECTION 10-28-4,SPECIAL PERMITS, ppatng non conformance,unless ordered That Paragraph 3,Expansion of Existing Reyudaeons(5 Center Center Commer-
DISTRICT;AND ENACTING IN LIEU APPEALS,AND VARIANCES,OF CHAP- f»beg non-sled as an unsafe structure Use, of Subsectuon S, Landscaping :rations District), o hereby repealed in its
°REOF NEW SUBPARAGRAPHS F TER 28, BOARD OF ADJUSTMENT; Official or designee. Regulations, of Section 10-5-1, General Rle
by the y stria Regulations. of Chapter 5, General emiretet end Ihat a new T of Chapter
3 G OF SAID PARAGRAPH 4,AND AND ENACTING IN LIEU THEREOF A Accessory sbtttu attached or ccrrhec Regulations, is hereby repealed in its Ise S-1" ed in
lieu
Center fstrbt, is
'FACING PARAGRAPH 9 OF SUB- NEW TITLEFIROF SUBSECTION E AND ted to the principal bolding slat notI hereby enacted in lieu thereof.
)TION B, GENERAL REQUIRE- NEW FIRST SENTENCE OF THE exceed tee square footage W the principle entirety;and that a new Paragraph 3 of +That Subsection B,Standards,of SectionMIS, OF SECTION 10-25-2, OFF- UNNUMBERED PARAGRAPH IMMEDI- l permitted use (not Including decks or said Subsection S is hereby enacted in 10-13-1, Regulations, of Chapter 13,
IEET PARKING AREA REQUIRED, ATELY AFTER THE TITLE OF SAID unencbsed porches,calculated based on Ifeu thereof,as fellows:
CHAPTER 25, VEHICULAR USE, SUBSECTION E,AND "S-1"S Center District,is hereby
the area of the base or'footprint"of the 3.Expansion of Existing Use. in rts entirety;and that a new
IKING AND LOADING AREAS,PUB- REPEALING SUBSECTION D OF SEC- structure), however this provision shall For additions to existing buildings or repealed
GARAGES, PARKING LOTS AND TiON 10-32-1, AMENDMENTS, OF i not prohibe a five hundred seventy-six parking areas, the Meowing percent of Subsection B,Standards,of said Section
INS STATIONS;AND ENACTING IN CHAPTER 32, AMENDMENTS; AND ' (576} square foot attached garage total points and total landscaped area 10-13-1 is hereby enacted in lieu thereof,
U THEREOF WIN PARACIPAPH 9 ENACTING IN LIEU THEREOF NEW provided that as other requirements are I shell be applied to the project dependent as follows.
SAID SUBSECTION S,AND SUBSECTION D OF SAID SECTION met.Accessory structures that are not a 1 upon the total size of at additions arcs Uses Pew In the`S r District shall
'EAIJNG PARAGRAPH 2t.N, POLE 10-32-1. of the main building shall not exceed the adoption of this Section:
POST SIGN, OF SUBSECTION B. BE IT ORDAINED by the City Council of (15)fee In with a s than The lessor oh Shea require: include any use per fitted in the"C 3"
-- -__ .. .,. .. .___. the City of Waterloo that the unc of District,Less than 1O edrkton District,except adult uses as define)In
*** Proof of Publication ***
lraa IXU,nia1CA, WM EMI:e{a IMF VII .
alcohol sales use ease meet the a v w fir ,eywiei.znis ui „w and that a rtew Stibsecfbn D of said
except
amens the "C-2' District, and street I be strictly prohibited,except trance, fiats may, it they have Section 10-32-1 is hereby enacted In lieu
except as limited by this ay co.provided, to one and two family dwellings and p fa, be e sided b
however,the Council stall ecru any except multi-family row dwellings meeting create buildable s of similar size atter D.Before any action anal be taken as
additional restrictions area,
tons proposed by the the requirements of 10-25-2(B)(18).The I finding that the lots to be created are provided In this part,the party or parties
owner.The lot lot frontage,and yard stacking of required parkinq stalls where site tar to those existing let the area.The I recommending proposing or reco endinngg a change in
requirements of the 0 2'District schist be access to a stal requires drivng over any mkdmum area arld lot width ol the lots I the distract reguit with
or district bands-
'.considered minimum for the"S P District; ion of another required stall Is would be determined by averaging ail lots rise shall deposit with the City Planter a
however. it Is expected that these tiling fee in accordance with the Schedule
prohibited,except for one and two family w thin a two hundred ffty(250)foot radars ng
minimums will be exceeded in most deralkgs.The minimum driveway width of the lot or lots to be subdivided.The lots of Fees,as adopted by resolution by the
,situations. Buildings may be erected lo between two rows of parking stalls shall to be created must not be more than ten City Council, to cover the costs o this
'ttelphts greater than those allowed In the be fifteen(15)feel for 45 degree angled (10) percent less than the average lot procedure and under no condition shell
"C 2 District m accordance with the Intent pantog nineteen(19)feet for 60 degree area and lot width.This provision shall not said sum or any part thereof be refunded
i and purpose of this Section, and the angled paridng or for 45 degree and 60 apply if the tote to be created are more for failure a said amendment to be
!minimum yard requirements and paring degree herringbone pattern parking and than lour(4)times the minimum lot area enacted into law.
requirements of this Ordinance shall twenty-four (24) feet for 90 degree of the detect n which the lots are located PASSED AND ADOPTED this 20th day of
apply to all developments,shame,except teat the parking. The mknin m driveway width In computing the averages,the lot or lots Jude 2022.
Cry Council may,after recommendationwhen other then between two rows of to be re- one subdivided and any lot with otter Quentin 4 Mayor
I,from the merits to preserve alter intent aride re ail se parking stalls shall be fifteen(15)feet for other than a o f family
2 district a esidential es•or Kelley Feint°,City Clerk
'of this Ordinance,eservone-way access and twenty(20)feet for in Bey lot that is more than four(4)times the
and 31 of two-way access. minimum I area of the district in which
.That ParagraphsionA, 1, 26, That Paragraph 26,Pole or Post Sign,of
Subsection A, Principal Permitted Uses. Subsection B, Definitions, of Section the lots are located shell not be Included,
of Section 10.19 Regulations, ° 10-26&1,Outdoor Advertising Signs and Buildable vacant lots In a 1R-1"or'R-2'
Chapter 19,'MA"Light Industrial District, Bliboards, of Chapter 26, Outdoor district shall be included but non-buildable
included.
are hereby repealed in their entirety,and Advertising Sign and Billboards, is vacant fats shall not be includeuded.
I that new Paragraphs 1,26,and 31 of said hereby repealed in its entirety;and that a Divisions for non-developmental or own-
, new A are hereby enacted in lair new Paragraph 26,Pole herebyor Post Sign,of purposes only and divisions for
zero
thereof,as Meows: sad Subsection B is enacted In zero lot line row dwellings shalt not be
1.Any use permitted in the"C 3"District, lieu thereof,as follows: subject to this provision.All lots Inducing
except that alcohol sales uses shall meet 26 Pole or Post Si:ig A freestanding sign the original lot or lots so subdivided must
the regulations of the'C-2 occupancy principally supported by pole(s)or post(e) meet all other applicable yard require-
District and except that no occupancy affixed to the ground and not supported merits.
=pemnaH shall be Issued for any f school, by a building.Such a siqn shall not be That a new unnumbered Paragraph
humanI, clinic, or otherhid.Institution forq tmmedateS after Paragraph 7 of Subsecf
heated within the trisitgulu area destri-
human care (excluding chid.day'mresidence
a bed in the definition dt Monurhent Sign ton L, Solar Collector Systems, of
facilities), or new dwelling or residence .above unless the bottom of the sign is ten Section 10.27-1,..Special Provisions,
except where physically attached and a (10)feat or greater above the grade. 2 Exceptions and Morons,Exc,of Chapter
part of another permitted use. This That Subparagraph a of Paragraph 1, 27, Special Provisions, Exceptions and
i restriction shall apply to new dwellings or Exemptions,of Subsection C,Regtiatan € M IicaHons, is hereby inserted, as
residences only,and shall not prohibit the o}All Signs,of Section 10-26-1,Outdoor 1 blows'
rehabilitation,reconstruction,or rebuilding 'Advertising Signs and Billboards, of 1 Utility scale solar farms of 750 kilowatt or
I of dwellings or residences in industrial Chapter 26. Outdoor Advertising Signs . larger size may be allowed in any zoning
districts that were legally built prior to and Billboards,is hereby repealed in its district upon approval of a Spec
adoption of Ordinance 2479,adopted 02 entirety;and that a new Subparagraph a by the Board of Adjustment after
AD3A89. Furthermore, arty such legally of Paragraph 1, Exemptions, of said That
Paragraph
off S bsecti n N,
established dwelling or residence may be Subsection C is hereby enacted in lieu That Paragraph 1 Subsection N,Adult
i rebuilt,if damaged or destroyed,on the thereof,as follows: Uses,of Section 10-27-1,Special Provi-
same lot as legally and re istrod,provided a.Traffic control signs or devices placed dons, Exceptions and Modifications, of
that al other rules regulation of this or approved by the City of Waterloo; Chapter 27, Special Provisione, re-
Ordieence are met For the purposes of That Subparagraph x of Paragraph' 8 of Ions and Modifications, Ls hereby by ew
this Ordnance,any such legally estab-
lished dwelling or residence is not Subsection H,Special Permit Required, pealed in its entirety and that a haw
of Seddon 10-27-1, Special Provisions, her nh 1 of said Subsection N is
considered a eon-conforming use as Exceptions and Modifications,of Chapter herebyeby enacted in lieu thereof,as follows:
defined herein,bet Is considered a legal use as described in this paragraph. 27, Special Provisions, Exceptions and 1.The mnmtsn separation requirements
Modifications, is her repealed In its of adult uses may be varied by the Board
However, such rf th ug must occur e entirety;and that a new �j Subparagraph x of usttnent if the person applying for
I within two(2)yearss o of the removal of the of said Paragraph 8 is hereby enacted in V
Variance Iles an application for a
original structure or within two(2)years of Neu thereof,as follows: Variance with the City Planner.Included
removal of a legal replacement structure,26. The manufacturing, compounding, x.Any new yard must be at least 600 feet with said application shallbe a consent
from any protected use as defined herein. petition which Indicates approval of the
processing, packaging, treatment, or This prrnnaion shall not restrict the Proposed adult use signed by 90 percent
I storage of cosmetics, ph of including expansion of an existing yard that Is of the property owners within 600 l dal
end food products, but not r already less than 600 feel feet of the lot on which the use would be
slaughter houses,stock yards,or other That Subsection H, Special Permit located. The Board of Adjustment, in
facilities processing or handling live Required, of Section 10 27-7, Specie! considering such a Variance shell make
animals,and not including the rendering Provisions.Exceptions and Modifications, the following findings:that the tipropo d
or refining of fats and oils. of Chapter 27, Special Provisions, use will not be contrary public
131. Wholesale Warehouse or Business, Exceptoo s and Modifications,is hereby interest or injurious to nearby properties,
terminal.
cross-docking warehouse, or shipping amended to add new Paragraphs 29 and and that the cat and Intent of the
temdnel. Ordnance will be .observed, that the
That Paragraph 2 of Subsection A, 29 of said Subsection H,as a from
establishment of an additional use of this
Principal Permitted Uses, of Sexton accessory29 Hsme occupations operated trom an n the area wit not be contrary to the
building(attached or detach- type
1CF20-1, Regulations, of Chapter 20, l pgam of tf,either
ottaod conservation or
`M-2"Heavy Industrial District,is hereby 3..Utility scale solar farms of 750 kilowatt Improvement, residential or non-
repealed in its entirety;and that a new or larger. residential,and that all applicable regnla-
paragraph 2 of said Subsection A is That the first unnurrcered Paragraph ions d this Ordinance will be observed.
I hereby occupancy or
lieu thereof,as follows: immediately after current Paragrape 28 t That the idle of Subsection A and the first
`2 No occupancy or bad well permit shall (after proposed Paragraph 30)of Subeec- sentence of the unnumbered Paragraph
hospiI be Issued for any dwelling, school, tion H, Spacial Permit Required, of I immediately ater the The of Subsection
I tal, clinic, or other institution for Section 10.27-1, Special Provisions, I A, Special Permits, of Section 10-28-4,
Ihuman care (excluding child daycare Exceptions,and Modifications,of Chapter ;Special Permits,Appeals,and Variances,
'facilities},except whore physically attach- e 27, SMidel Provisions, Exceptions and of Chapter 28,Board of Adjustment, is
ad and a part of anothere Modifications, Is hereby repealed in its Hereby y repealed in its entirety;and that a
principal use. The provisions ons off entirety, and that a new unnumbered new Title of Subsection A and a new first
dwellingsadoption of
Orcfiy established prior to Paragraph 28(after proposed Paragraph )immediately after the Title ol said
ad 6 Ordinance 2479,adopted 02 30) of said Subsection H is hereby ;' Subsection A is hereby enacted in lieu
enacted in lieu thereof,as Ioows: * thereof,as follows:
That Subparagraphs f and 9 of Paragraph Before issuance of any Special permit for A.Special Permits(Conditional Uses).
4 Uses,Subsection A. Prinapel Permitted :any d the above hh�dnge or uses.the Requests for Special Permits(also called
of Section 10 201.Regulations,of Board of Adjustment shall refer the Conditional Uses)shall be submitted to
Chapter 20, 'M-2' Heavy Industrial their ed non to the Commission, the City Planner who shall forward such
District, are hereby repealed In f which heft be given forty-Ive(45)days m to the Baerd of Adjustment for considera-
enHrety,and that new Subparagraphs hr f which to make a recommendation regard- tion,ater recommendation Lion of the Corr
and g of said Paragraph 4 are hereby �the effect of such proposed building or mission.
enacted hi tarr thereof,as follows: That The Title of Subsection E arid the
use upon the character of the neighbor-f.Rendering or refining of fats and cgs. food, traffic and conditions, pubic utility fuss sentenced the unnumbered Para-
graph immediately after the Tolle of
That Para�yaph a d Subsection B. Subsection E. Conditions Attached to
General Requirements, of Section the n uponl any
appwelfare.Nion action prop be Special Permits, Conditional Uses or
quired2, Off-Street Parkin Ares Re- Wen �'appN°aefe for toe proposed and •, Varances, of Section 10-28-4, Special
It building or use above scion until and , Permits, Appeals,oared of Chapter 25, Vehicular Use, le, and Variances, of
qq unless the Commission has made
Parking and Loading Areas, Public i Chapter 28. Board of Adjustment, is
10-284i(Spero. Tiro provwrons of in its entirely;and that a
Garages, Parking Lots and Filling Sit- 10-28-4 (Special Permit, Appeals, anted ' hereby repealed
Ions,is hereby repealed In its entirety; Variances)shag also apply. new Title of the m E and a new first
and theta new Paragraph 9 of said That Subsection K,Subdividing of Lots,o. sentence of the unnumbered Paragraph
Subsection B is hereby enacted in Neu immediately after the Title of said
Section 10-27-1, Special Provisions,
thereof,as follows: Exceptions and Modification,of Chapter ' Subsection E is hereby enacted in Neu
9.Every parking lot shall dbee ly aarrangeddfe 1 thereof,as follows:
as to provide for the orderly and safe 27, Modal Provisions, Exceptionspealedant I E.Co dtdons Attached To Variances.
loading or unloading and parking and Modifications, is ahereby repealed in ie I Upon consideration d the factors listed
entirety;and that new Subsection K o,
storage ot self-propelled vehicles. AlI above, the Board may attach such
said Section 1C1-27-1 is hereby enacted it
publicublireet parking facilities fronting on a lieu thereof,as follows: 'I conditions to the granting of Variances as
street shall be so desigmd so as to K.Subdividing of Lots. it deems necessary to further the purpose
movement of the vehicle.The arcking or
Permit entrance and exit b brratd Arry one or two family residential area art 'of this Ordinance.
•R-1"or'R-T district where lots have ,That Subsection D of Section 1,
backward movement of vehicles from an been platted entice developed with lotsAmendments, of Chapter 32, Amend-
'�_ __........ w.- metes,is hereby repealed in es entirety,
Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo,
IA 50703, (319) 291-4323.
ORDINANCE NO. 5648
AN ORDINANCE AMENDING ORDINANCE NO. 5079, AS AMENDED,
THE CITY OF WATERLOO ZONING ORDINANCE ADOPTED OCTOBER
17, 2011, BY:
REPEALING SUBPARAGRAPHS A, B, AND E OF PARAGRAPH 2,
NECESSARY 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 SUBSECTION E, ACCESSORY
STRUCTURES, OF SECTION 10-5-1, GENERAL REGULATIONS, OF
CHAPTER 5, GENERAL 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 SECTION 10-5-1, GENERAL
REGULATIONS, OF CHAPTER 5, GENERAL REGULATIONS; AND
ENACTING IN LIEU THEREOF NEW LAST UNNUMBERED PARAGRAPH
OF SAID SUBSECTION E, AND
REPEALING PARAGRAPH 3, EXPANSION OF EXISTING USE, OF
SUBSECTION S, LANDSCAPING REGULATIONS, OF SECTION 10-5-1,
GENERAL REGULATIONS, OF CHAPTER 5, GENERAL REGULATIONS;
AND ENACTING IN LIEU THEREOF NEW PARAGRAPH 3, EXPANSION
OF EXISTING USE, OF SAID SUBSECTION S, AND
REPEALING PARAGRAPH 1 OF SUBSECTION A, PRINCIPAL
PERMITTED USES, OF SECTION 10-6-1, REGULATIONS, OF CHAPTER 6,
"A-1" AGRICULTURAL DISTRCT; AND ENACTING IN LIEU THEREOF
NEW PARAGRAPH 1 OF SAID SUBSECTION A, AND
AMEND PARAGRAPH 3 OF SUBSECTION 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 SUBSECTION 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 B, AND
REPLEALING PARAGRAPH 2 OF SUBSECTION B, ACCESSORY USES, OF
SECTION 10-10-1, REGULATIONS, OF CHAPTER 10, "R-3" MULTIPLE
RESIDENCE DISTRICT; AND ENACTING IN LIEU THEREOF NEW
PARAGRAPH 2 OF SAID SUBSECTION B, AND
Ordinance No. 5648
Page 2
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 DISTRICT, AND
REPEALING SUBSECTION B, STANDARDS, OF SECTION 10-13-1,
REGULATIONS, OF CHAPTER 13, "S-1" SHOPPING CENTER DISTRICT;
AND ENACTING IN LIEU THEREOF NEW SUBSECTION B, STANDARDS,
OF SAID SECTION 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 SUBSECTION A, PRINCIPAL
PERMITTED USES, OF SECTION 10-20-1, REGULATIONS, OF CHAPTER
20, "M-2" HEAVY INDUSTRIAL DISTRICT; AND ENACTING IN LIEU
THEREOF NEW PARAGRAPH 2 OF SAID SUBSECTION A, AND
REPEALING SUBPARAGRAPHS F 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;
AND ENACTING IN LIEU THEREOF NEW SUBPARAGRAPHS F AND G
OF SAID PARAGRAPH 4, AND
REPEALING PARAGRAPH 9 OF SUBSECTION B, GENERAL
REQUIREMENTS, OF SECTION 10-25-2, OFF-STREET PARKING AREA
REQUIRED, OF CHAPTER 25, VEHICULAR USE, PARKING AND
LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND FILLING
STATIONS; AND ENACTING IN LIEU THEREOF NEW PARAGRAPH 9 OF
SAID SUBSECTION B, AND
REPEALING PARAGRAPH 26, POLE OR POST SIGN, OF SUBSECTION B,
DEFINITIONS, OF SECTION 10-26-1, OUTDOOR ADVERTISING SIGNS
AND BILLBOARDS, OF CHAPTER 26, OUTDOOR ADVERTISING SIGNS
AND BILLBOARDS; 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,
OUTDOOR ADVERTISING SIGNS AND BILLBOARDS, OF CHAPTER 26,
OUTDOOR ADVERTISING SIGNS AND BILLBOARDS; 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 SECTION 10-27-1, SPECIAL
PROVISIONS, EXCEPTIONS AND MODIFICATIONS, OF CHAPTER 27,
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS; AND
ENACTING IN LIEU THEREOF NEW SUBPARAGRAPH X OF SAID
PARAGRAPH 8, AND
AMENDING SUBSECTION H, SPECIAL PERMIT REQUIRED, OF SECTION
10-27-1, SPECIAL PROVISIONS, EXCEPTIONS 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
FOLLOWING CURRENT PARAGRAPH 28 (AFTER PROPOSED
Ordinance No. 5648
Page 3
PARAGRAPH 30) OF SUBSECTION H, SPECIAL PERMIT REQUIRED, OF
SECTION 10-27-1, SPECIAL PROVISIONS, EXCEPTIONS AND
MODIFICATIONS, OF CHAPTER 27, SPECIAL PROVISIONS,
EXCEPTIONS AND MODIFICATIONS; AND ENACTING IN LIEU
THEREOF A NEW FIRST UNNUMBERED PARAGRAPH IMMEDIATELY
FOLLOWING CURRENT PARAGRAPH 28 (AFTER PROPOSED
PARAGRAPH 30) OF SAID SUBSECTION H, AND
REPEALING SUBSECTION K, SUBDIVIDING OF LOTS, OF SECTION 10-
27-1, SPECIAL PROVISIONS, EXCEPTIONS 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 PROVISIONS, EXCEPTIONS AND
MODIFICATIONS, OF CHAPTER 27, SPECIAL PROVISIONS,
EXCEPTIONS AND MODIFICATIONS, AND
REPEALING PARAGRAPH 1 OF SUBSECTION N, ADULT USES, OF
SECTION 10-27-1, SPECIAL PROVISIONS, EXCEPTIONS AND
MODIFICATIONS, OF CHAPTER 27, SPECIAL PROVISIONS,
EXCEPTIONS AND MODIFICATIONS; 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 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; AND ENACTING IN LIEU THEREOF A NEW
TITLE OF SUBSECTION A AND A NEW FIRST SENTENCE OF THE
UNNUMBERED PARAGRAPH IMMEDIATELY AFTER THE TITLE OF
SAID SUBSECTION A, AND
REPEALING THE TITLE OF SUBSECTION E AND THE FIRST SENTENCE
OF THE UNNUMBERED PARAGRAPH 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; AND ENACTING IN LIEU THEREOF A NEW
TITLE OF SUBSECTION E AND NEW FIRST SENTENCE OF THE
UNNUMBERED PARAGRAPH IMMEDIATELY AFTER THE TITLE OF
SAID SUBSECTION E, AND
REPEALING SUBSECTION D OF SECTION 10-32-1, AMENDMENTS, OF
CHAPTER 32, AMENDMENTS; AND ENACTING IN LIEU THEREOF NEW
SUBSECTION D OF SAID SECTION 10-32-1.
BE IT ORDAINED by the City Council of the City of Waterloo that the City of Waterloo
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 Ordinance 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:
Ordinance No. 5648
Page 4
That Subparagraphs a, b, and e 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 e 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-five (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) for 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 06/20/22 will not require Special Permit approval, but any
new home occupation using an accessory building or an existing home occupation
that proposes to expand into an accessory building shall first obtain Special Permit
approval. Home occupation use of an accessory building shall not cause a dwelling to
become non -compliant with accessory structure requirements of Section 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, regardless 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 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,
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) foot 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 or designee. Accessory
structures attached or connected to the principal building shall not exceed the square
footage of the principle permitted use (not including decks or unenclosed porches,
calculated based on the area of the base or "footprint" of the structure), however this
provision shall not prohibit a five hundred seventy-six (576) square foot attached
garage provided that all other requirements 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
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 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
Ordinance No. 5648
Page 5
siding, except for horizontal aluminum/steel siding common on many residential
structures and except structures that are two hundred (200) square feet or less.
Accessory structures that are not part of the main 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 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 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 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 considered 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 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 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 calculated
herein. Accessory solar facilities meeting the requirements of Section 10-27-1(L) shall
be considered accessory structures but shall be regulated by Section 10-27-1(L). Small
wind energy facilities meeting the requirements of Section 10-27-1(T) shall be
considered accessory structures but shall be regulated 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 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
Ordinance No. 5648
Page 6
41% - 50% addition 75% of Ordinance
or 2500 square feet requirements
51 % addition or 100% of Ordinance
2501 square feet 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, 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 confinement area (excluding pastures) for farm
animals shall have a minimum 10-foot setback from all property lines. Due to the
incompatibility of farm animals and livestock with urban development, large scale
animal operations, including animal confinement operations, shall be prohibited
unless the Board of Adjustment, through Special Permit application, 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 shall be separated from a farm 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) stable sl a1 net be s„bject to the te^ (' 0) v v e en*
That Paragraph 2 of Subsection B, Accessory Uses, or Section 10-6-1, Regulations, of
Chapter 6, "A-1" Agricultural 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. 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 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 Section 10-5-1(E), including
structures accessory to non-residential principally permitted uses unless approved by
Special Permit.
Ordinance No. 5648
Page 7
That the Title of Chapter 13, "S-1" District Regulations (Shopping Center Commercial
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-1" District shall include any use permitted in the "C-3"
District, except adult uses as defined in this Ordinance, and except that 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-1" 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 minimum yard requirements and parking requirements of this
Ordinance shall apply to all developments, except that the City Council may, after
recommendation from the Commission, alter those requirements to preserve the intent
and purpose of this Ordinance.
That 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, 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 sales 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
physically 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 legally built prior to adoption of Ordinance 2479, adopted 02/03/69.
Furthermore, any such legally established dwelling or residence may be rebuilt, if
damaged or destroyed, on the same lot as legally established, provided that all other
rules and regulations 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 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 attached and a part of another permitted principal use. The
Ordinance No. 5648
Page 8
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 f 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 entirety; and that new Subparagraphs f and g of said Paragraph 4 are hereby
enacted in lieu thereof, as follows:
f. Rendering or refining of fats and oils.
g. Fertilizer manufacture or processing.
That Paragraph 9 of Subsection B, General Requirements, of Section 10-25-2, Off -Street
Parking Area Required, of Chapter 25, Vehicular Use, Parking and Loading Areas, Public
Garages, Parking Lots and Filling Stations, 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
parking facilities fronting on a public street shall be so designed so as to permit
entrance and exit by forward movement of the vehicle. The backing or backward
movement of vehicles from an 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(B)(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 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
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 B, 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 described 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 entirety; and that a new Subparagraph
a of Paragraph 1, Exemptions, of said Subsection C is hereby enacted in lieu thereof, as follows:
a. Traffic control signs or devices placed or approved by the City of 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:
Ordinance No. 5648
Page 9
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 600 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 detached).
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 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 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 regarding the effect of
such proposed building or use upon the character of the neighborhood, traffic conditions,
public utility facilities and other matters pertaining to the general welfare. No action
shall be taken upon any application for a proposed building or use above referred to until
and unless the 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. Subdividing 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 greater than the requirements of this Ordinance,
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 radius 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 averages, the lot or lots to be subdivided and any lot 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
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 subdivided must meet all
other applicable yard requirements.
That a new unnumbered Paragraph immediately after Paragraph 7 of Subsection 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:
Ordinance No. 5648
Page 10
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 Provisions,
Exceptions and Modifications, of Chapter 27, Special Provisions, Exceptions and Modifications,
is hereby repealed 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 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 contrary
to the program of neighborhood conservation or improvement, either residential or
non-residential, and that all applicable regulations 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 consideration, after
recommendation of the Commission.
That The Title of Subsection E and the first sentence of the unnumbered Paragraph
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, Amendments, is
hereby repealed in its entirety; 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 boundaries
shall deposit with the City Planner a filing fee in accordance with the Schedule of
Fees, as adopted by resolution by the City Council, to cover the costs of this
procedure and under no condition shall said sum or any part thereof be refunded for
failure of said amendment to be enacted into law.
Ordinance No. 5648
Page 11
INTRODUCED:
PASSED 1st CONSIDERATION:
PASSED 2nd CONSIDERATION:
PASSED 3rd CONSIDERATION:
June 20, 2022
June 20, 2022
June 20, 2022
PASSED AND ADOPTED this 20th day of June 2022.
ATTEST:
Kelley Felchle
Kelley Felchle, City Clerk
DIGITALLY
SIGNED
4-vektilk hart
Quentin Hart, Mayor
CERTIFICATE
I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the
preceding is a true and complete copy of Ordinance No. 5648 as passed and adopted by the
Council of the City of Waterloo, Iowa, on the 20th day of June, 2022.
Witness my hand and seal of office this 20th day of June, 2022.
Kelley Felchle
Kelley Felchle, City Clerk
SEAL