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Home My WebLink About2479-02.03.1969 Str_-2 865 1 STATE OF IOWA' j x 2 col,, 2 Black liawk County, SS I, __Hobert_ tit__ eC Publisher _- 9LY-------------------- of the Waterloo language and published in a daily newspaper �gll�.,pCOuriez the annexed co waterloo, BlackP printed in the copy of_______prdi r;g - --- __ Hawk County, Iowa do solemnly swear English nce No 2y that notice was published in the English once a g ish language only------------- - ----for_- � commencing --'----------consecutive___ g on the_ in the issues of_ ------------- day of -- -- - --- - ------------Februar - -----------------------19--- thatthat the annexed rate of advertising - per,_- -- news -_hef said newspaper, and newspaper, and that the following s the re said regular legal rate of g said notice, is a correct bill for Printer's Bill $ 9Q4 p pub- s VO______ --- � Subscribed and - -- -- - - of sworn to before me this ?tb -------- Februar _ , 19_�9_ eceived of �"— Mary Pub110 -------------------- the sum of ---_------- in full for publication of the above notice. -- - --- Dollars Pubttshers MMK 1i31 PAGE 37 City Hall, Waterloo, Iowa REGULAR SESSION September 21, 1970 - 7 :30 P.M. The City Council of the City of Waterloo, Iowa , met in Regular Session in the Council Chambers of the City Hall in said City at 7 :30 P.M. on September 21, 1970. Mayor Turner in the Chair. Present : Councilmen Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey. Absent : None. 59177 - Moved by Keller, seconded by Cohea that the communication from the City Planning Commission, transmitting a set of maps and a certificate of said Commission certifying said maps are a true and correct copy of the maps being filed as a supplement to Ordinance No. 2479, as amended, known as the "Zoning Ordinance ' of the City of Waterloo, Iowa, adopted on 2/3/69, be received and placed on file. Motion carried. * ;\ I\ I\ I\ I\ I\ 59200 - Moved by Keller, seconded by Miller that the Council adjourn. Motion carried. a,U indexed A 10305 Andrew A . Blomberg , eompar City Clerk matum , f A:SS September 21, 1970 • eo 3� M, and srdefd In J'aget det f.v 2 _ pry OU�r Gt�a Certificate Andrew A. Blomberg I, , City Clerk of the City of Waterloo, Iowa, do hereby certify passed maps adopted byth1Coun c19 $ �di�n �t� nc ' 1 Pro din s� e to i i to set tottaheehe� t�iint e p e ou a'rs' C��t' 'a'1" ....C t y�P' a'YI'rl—n c omm. p of the City of Waterloo, Iowa, on the ....21s.t day of_Sep.t:ember, 19 70 Witness My Hand and Seal of Office this 24th day of September 19 70 SEAL City Clerk / Andrew A. Blomberg We , Craig H. Mosier, and Craig W. Shirey, Chairman and Secretary, respectively, of the City Planning Commission of the City of Waterloo, Iowa , do hereby certify that the attached maps are a true and correct copy of the maps adopted as part of Ordinance No . 2479 , known as the 'Zoning Ordinance" of the City of Waterloo, Iowa, which was passed and adopted by the City Council of the City of Waterloo, Iowa, on the 3rd day of Feb- ruary, 1969 , and are all subsequent amendments thereto through September 1 , 1970 . We further certify that under the provisions of said Ordinance , as amended and said maps , the City of Waterloo, Iowa, is divided into the following classes of districts: "A-1 " Agricultural District "R-1 " One (St Two Family Residence District "R-2" One & Two Family Residence District "R-3 " Multiple Residence District "R-4" Multiple Residence District "S-1 " Shopping Center "C-1 " Commercial District "C-2 " Commercial Di strict "C-3 " Commercial District "M-1 " Light Industrial District "M-2" Heavy Industrial District "M-2, P" Planned Industrial District "U-1 " Unclassified "R-P" Planned Residence District and said Ordinance also provides that where uncertainty exists with respect to the boundaries of the various districts as shown on these maps , the fol- lowing rules apply: 1 . The district boundaries are either street lines , alley lines , or lot lines unless otherwise shown, and where the districts designated on the maps are bounded approximately by street lines, alley lines or lot lines, the street lines , alley lines or lot lines shall be construed to be the boundary of the district. 2 . In unsubdivided property, the district boundary lines on the map shall be determined either by the dimensions appearing thereon or by use of the scale appearing on each map. WAD-7-4441 Craig H. osier, Chairman „Arz--zV Craig W. Shirey, Secretary State of Iowa ) ) ss . County of Black Hawk ) On this 10th day of September , 1970, before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Craig H. Mosier and Craig W. Shirey, to me personally known, who , being by me duly sworn did say that they are the Chairman and Secretary, respectively, of the City Planning Commission, executing the within and fore- going instrument; that said instrument was signed on behalf of said City cc rr BOOK 191 PAGE c3 Ic3 -2- BOOK 191 PACE 374 Planning Commission; and that the said Craig H. Mosier and Craig W. Shirey as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said Commission, by it and by them voluntarily executed,,"-, i r „.;`4 ; ; Notary Public in an for said County Theresa Juhl 10304 irde�eu 4 amps I st/5 turn HAWK CO , � �`� /� d for Nwrd Pa" `" ••. M, and re` redin q P /P ......+� Recorder _a/7 r_�C!e n Q 4• �•.2JLL 2. The attached set of maps referred to above as a supplement to Ordinance No. 2L79 as Amended Zoning adopted February 3, 1969, are Filed in the Office of Ramona Williams, Black Hawk County Recorder; as part of Instrument No. 10304 Recorded on September 25, 1970 in Book 191 Page 373 Miscellaneous Records, Black Hawk County, Iowa. i STATE OF IOWA, SS I, -Hobert J. Mccoi Black HawkCounty, Publisher of the Waterj00 Qi( Qtottri a dailynewspaper �� -' ex language and printed in the English published in Waterloo, Black Hawk County, Iowa do solemnly swear that the annexed copy ofCj Qf 1vaterloo Zgning Map Ordinance No. 2479 notice was published in the English language only Degut1x once a for consecutive commencing on the day of in the issues of Februar _ 20 1969 19 o d that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for pub- lishing said notice. Printer's Bill $ 817.0 c Subscribed and sworn to before me this___ 2%th day of February A. D., 1969 Not®ry Publlo Received of the sum of in full for publication of the above notice. Dollars Publishers 1 PART I 2A-1 TITLE. This ordinance shall be known and may be cited and referred to as the "Zoning Ordinance" of the City of Waterloo, Iowa. PART II 2A-2 INTERPRETATION OF STANDARDS. In their interpretation and application, the pro- visions of this ordinance shall be held to he minimum requirements. Where this ordinance imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinances, the provisions of this ordinance shall control. PART III 2A-3 DEFINITIONS. For the purpose of this ordinance certain terms and words are hereby defined. Words used in the present tense shall include the future, the singular number shall include the plural and the plural number includes the singular; the word "shall" is mandatory, the word "may" is permissive; the word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual; the words "used" or "occupied" include the words in- tended, designed, or arranged to be usedor occupied. Accessory Use or Structure: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to the principal use or structure. Alley: A public way, other than a street, twenty (20) feet or less in width affording secondary means of access to abutting property. Apartment Hotel: A building containing both dwelling units and rooming units, used primarily for permanent occupancy. 1 Basement: A story having part but not more than one-half (1/2) of its height below grade. A basement is counted as a story for the purpose of height regulations. Billboard: "Billboard" as used in this ordinance shall include all structures regardless of the material used in the construction of the same, that are erected, maintained or used for public display of posters, painted signs, wall signs, whether the structure be placed on the wall or painted on the wall itself, pictures or other pictorial reading matter which advertise a business or attraction which is not carried on or manufactured in or upon the premises upon which said signs or billboards are located. Boarding House: A building other than a hotel, where for compensation, meals or lodging and meals are provided for three (3) or more persons. Building: Any structure designed or in- tended for the support, enclosure, shel- ter or protection of persons, animals or property, but not including signs or billboards. Building. Height of; The vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof. Carport: A roofed structure providing space for the parking of motor vehicles and enclosed on not more than two sides. For the purposes of this ordinance a car- port attached to a principal building shall be considered as part of the principal building and subject to all yard require- ments herein. Cellar: That portion of a building having more than one-half (1/2) of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement. RDQ ( 0.1"upt un 181 mor.61,2_, Clinics: A building or buildings used by physicians and/or dentists, osteo- paths, chiropractors and allied profes- sions for out patient care of persons requiring such professional service. Day Nursery or Nursery School: Any private agency, institution, establish- ment or place which provides supplemental parental care and/or educational work, other than lodging overnight, for six (6) or more unrelated children of pre-school age, for compensation. Dwelling: Any building or portion thereof which is designed or used exclusively for residential purposes but not including a tent, cabin, trailer or mobile home. Dwelling, Single -Family: A detached residence designed for or occupied by one family only. Dwelling, Two -Family: A residence designed for or occupied by two (2) families only, with separate housekeeping and cooking facilities for each. Dwelling, Multiple: A residence designed for or occupied by three (3) or more families, with separate housekeeping and cooking facilities for each. Dwelling, Condominium: A multiple dwelling as defined herein whereby the fee title to each dwelling unit is held independently of the others. Dwelling, Row: Any one of three or more attached dwellings in a continuous row, each such dwelling designed and erected as a unit on a separate lot and separated from one another by an approved wall or walls. Dwelling Unit: A room or group of rooms which are arranged, designed or used as living quarters for the occupancy of one family containing bathroom anti/or kitchen facilities. Family; One or more persons occupying a single dwelling unit, provided that unless all members are related by blood, marriage, or adoption, no such family shall contain over four (4) persons. 2 Floor Area Ratio: The gross floor area of all buildings on a lot divided by the lot area on which the building or buildings are located. Foster Child Care: Care and education of riot more than five (5) children un- related to the residents by blood or adoption. Garage, Private: An enclosed structure intended for and used for the parking of the private motor vehicles of the families resident upon the premises. Gas Station; Any building or premises used for the retail sale of liquefied petraleum products for the propulsion of motor vehicles and may include such products as kerosene, fuel oil, packaged naptha, lubricants, tires, batteries, antifreeze, motor vehicle accessories, and other items customarily associated with the sale of such products; for the rendering of services and making of adjustments and replacements to motor vehicles, and the washing, waxing, and polishing of motor vehicles, as incidental to other services rendered; and the making of repairs to motor vehicles except those of a major type. Repairs of a major type are defined to be spray painting, body, fender, clutch, transmission, differential, axle, spring, and frame repairs; major overhauling of engines requiring the removal of engine cylinder head or crank- case pan; repairs to radiators requiring the removal thereof; or complete recapping or retreading of tires. Home Occupation: A secondary use carried on entirely within the residence where there is no evidence of such occupation being conducted on the premises by virtue of signs, displays, noise, odors, electrical disturbances, or traffic gen- eration, and where not more than one half (1/2) the floor area of any one floor is devoted to such use. Hotel: A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradistinction to a boarding house or rooming house. Junk Yard: Any area where waste, dis- carded or salvaged materials are bought, sold, exchanged, baled or packed, dis- assembled, kept, stored or handled, in- cluding house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including areas where such uses are conducted entirely within a com- pletely enclosed building, and not in- cluding automobile, tractor or machinery wrecking and used parts yards, and the processing of used, discarded or sal- vaged materials as part of manufacturing operations and not including contractors storage yards. Kennel, Dog: Any premises on which four or more dogs, six months old or older, are kept. Lot: For the purposes of this ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area to provide such yards and other open space as are herein required. Such lot shall have frontage on a public street or private street and may consist of: (a) A single lot of record; (b) A portion of a lot of record; (c) A combination of complete lots of record; of complete lots of record and portions of lots of record; or of portions of lots of record; and (d) A parcel of land described by metes and bounds; provided that in no case of division or combination shall any resi- dual lot or parcel be created which does not meet the requirements of this ordin- ance. REVERSED FRONTAGE LOT INTERIOR LOT DOUBLE FRONTAGE LOTS EXAMPLES OF . LOT TYPES (See Section 2A-3) Lot, corner: A lot abutting upon two (2) or more streets at their intersection; Lot, depth: The mean horizontal distance between the front and rear lot lines. Lot, double frontage: A lot having a frontage on two (2) non -intersecting streets, as distinguished from a corner lot. Lot, interior: A lot other than a corner lot. Lot, lines: The lines bounding a lot. Lot of Record: A lot which is a part of a subdivision recorded in the office of the county recorder of Black Hawk County, or a lot or parcel described by metes and bounds, the description of which has been so recorded. Lot width: The width of a lot measured at the building line and at right angles to its depth. Lot, reversed frontage: A corner lot, the side street line of which is substantially a continuation of the front line of the first platted lot to its rear. CORNER LOT 3 1100!( 181 PU6EEI13 BOOK Mobile home: Any vehicle which at any time was used or maintained for use as a conveyance upon highways or public streets, or waterways; so de- signed and so constructed as to permit occupancy thereof as a dwelling unit or sleeping place for one or more persons whether attached or unattached to a permanent foundation. Nothing in this ordinance shall be construed as per- mitting for occupancy a mobile home in other than an approved mobile home park. Mobile Home Park or Trailer Park: Any lot or portion of a lot upon which two or more mobile homes or trailers oc- cupied for dwelling or sleeping purposes are located regardless of whether or not a charge is made for such accommodations. Nursing or Convalescent Home: A building or structure having accommodations and where care is provided for invalid, infirm, aged, convalescent, or physically disabled or injured persons, not in- cluding insane and other mental cases, inebriate, or contagious cases. Principal Use: The main use of land or structures as distinguished from an accessory use. Parking Space: An area of not less than one hundred eighty (180) square feet plus necessary maneuvering space for the park- ing of a motor vehicle. Space for man- euvering, incidental to parking or unpark- ing, shall not encroach upon any public right-of-way. Parking spaces for other than residential use shall be dust -free surfaces. Porch, Unenclosed: A roofed projection which has no more than fifty (50) per cent of each outside wall area enclosed by a building or siding material other than meshed screens. Rooming House: A building where a room or rooms are provided for compensation to three (3) or more persons. Sign, Exterior: A sign which directs attention to a business, profession, service, product or activity sold or offered upon the premises where such sign is located. An exterior sign is a sign attached flat against a building or structure, or projecting out from a building or structure or erected upon the roof of a building or structure. Sign, free standing or post: Any sign erected or affixed in a rigid manner to any pole or post, and which carries any advertisement strictly incidental and subordinate to a lawful use of the premises on which it is located, in- cluding signs, or sign devices indicating the business transacted, services rendered or goods sold or produced on the premises by an occupant thereof. Story: That portion of a building in- cluded between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling or roof next above it. Story, half: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than four (4) feet above the top floor level. Street Line: The right-of-way line of a street. Street, private: Any private way twenty (20) feet or more in width which shall be approved by the City Council after recommendation by the City Plan Commission. Street, public: Any thoroughfare or public way not less than thirty (30) feet in width, which has been dedicated to the public or deeded to the City for street purposes; and also any such public way as may be created after enactment of this ordinance, provided it is forty (40) feet or more in width. Structural alterations: Any replacement or changes in the type of construction or in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, beyond ordinary repairs and maintenance. Structure: Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, billboards and poster panels. Trailer Park: See "Mobile Home Park." Yard: An open space on the same lot with a building or structure unoccupied and unobstructed by any portion of a structure from thirty (30) inches above the general ground level of the graded lot upward. In measuring a yard for the purpose of determining the depth of a front yard or the depth of a rear yard, the least distance between the lot line and the main building shall be used. In measuring a yard for the purpose of determining the width of a side yard, the least distance between the lot line and nearest permitted building shall be used. Yard, front: A yard extending across the full width of the lot and measured between the front lot line and the building or any projection thereof, other than the projection of the usual steps or unenclosed porches. Yard, rear: A yard extending across the full width of lot and measured be- tween the rear lot line and the building or any projections other than steps, unenclosed balconies or unenclosed porches. On both corner lots and in- terior lots the opposite end of lot from the front yard. Yard, side: A yard extending from the front yard to the rear yard and measured between the side lot lines and the nearest building, FRONT, REAR & SIDE YARD ON A LOT (See Sec. 2A-3) SIDE YARD LEAST II�/DTH� 1 REAR YARD LEAST DEPTH T LEAST DEPTH SIDE YARD LEAST FRONT YARD I(PROPERTY LINE CURB l� (1) PART IV District and Boundaries Thereof 2A-4 CLASSIFICATION. In order to classify, regulate and restrict the location of trades and industries, and the location of buildings desi- ;•ned for specified uses, to regulate and limit the height and bulk of buildings hereafter erec- ted or altered, to regulate and limit the intensity of the use of lot areas and to regulate and deter- mine the area of yards, courts, and other open spaces within and surrounding such buildings, the City of Waterloo, Iowa is hereby divided into fourteen (14) classes of districts. The use, height and area regulations are uniform in each class of district, and said districts shall be known as: "A-1" Agricultural District "R-1" One & Two Family Residence District "R-2" One & Two Family Residence District "R-3" Multiple Residence District "R-4" Multiple Residence District "S-1" Shopping Center "C-1" Commercial District "C-2" Commercial District "C-3" Commercial District ".M-1" Light Industrial District "M-2" Heavy Industrial District "M-2, P" Planned Industrial District "U-1" Unclassified "R-P" Planned Residence District (1) 2A-5 BOUNDARIES. The boundaries of these districts are indicated upon the Zoning Map of the City of Waterloo, Iowa, which map is made a part of this Ordinance by reference. The said Zoning Map of the City of Waterloo, Iowa, and all the notations, references and other matters shown thereon shall be as much a part of this ordinance as if the notations, references and other matters set forth by said map were all fully described herein. The said Zoning Map is on file in the office of the City Clerk, at the City Hall of the City of Waterloo, Iowa. Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of this ordinance, the following rules apply: The district boundaries are either street lines or alley lines unless otherwise shown, and where the districts designated on the map accom- panying and made a part of this ordinance are bounded approximately by street lines or alley lines, the street lines or alley lines shall be construed to be the boundary of the district, The "R-P" District is in conjuction with other Residential Districts; ie , R-1 (R-P) , R-2 (R-P) , R-3 (R-P) and R-4 (R-P). 5 BOOK _Lai. P A s 15 13001( 1 81 Nakii_t In unsubdivided property, the district boundary lines on the map accompanying and made a part of this Ordinance shall be determined by use of the scale appearing on the map. 2A-6 FUTURE ANNEXATION OF TERRITORY. All territory which may hereafter be annexed to the City of Waterloo, Iowa, shall automatically be classed as lying in the A-1 Agricultural District until such classification shall have been changed by an amendment to the Zoning Ordinance, as provided by law. PART V General Regulations 2A-7 GENERAL REGULATIONS, Conformance Required. Except as hereinafter specified, no building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, which does not comply with all of the district regulations established by this Ordinance for the district in which the building or land is located. Continuing Existing Uses. The use of a build- ing existing at the time of the enactment of this Ordinance may be continued even though such use may not conform with the regulations of this Ordinance for the district in which it is located. Any use in existence at the adoption hereof which was not an authorized "noncon- forming use" under previous zoning ordinances shall not he authorized to continue as a non- conforming use pursuant to this Ordinance, or amendments thereto. Nonconforming Uses or Buildings in any "A," "R," or "U" ITistrict. No existing building or premises devoted to a use not permitted by this Ordinance in a Residence District in which such building or premises is located, except when required by law, shall be enlarged, extended, reconstructed, substituted or structurally altered, unless the use thereof is changed to a use permitted in the district in which such building or premises is located, except as follows: A. Substitution.: If no structural alterations are made, a nonconforming use of a building may be changed to another, nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. B. Discontinuance: In the event that a nonconforming use of any building or premises is discontinued for a period of one (11 year, the use of the same shall conform thereafter to the uses permitted in the district in which it is located. Replacing Damaged Buildings: Any nonconforming building or structure damaged more than sixty (60) per cent of its replacement value exclusive of the foundations at the time of damage by fire, flood, explosion, war, riot, or Act of God, shall not be restored or recon- structed and used as before such happening; but if less than sixty (60) per cent damaged above the foundation, it may be restored, re- constructed or used as before provided that it be done within six (6) months of such happening, and be built of like or similar materials. Nonconforming Uses or Buildings in any District other than an "A," "R," or "U" District. A. Structural Alterations and Enlargements. Any building in any district other than an "R" District devoted to a use made nonconforming by this Ordinance may be structurally altered or enlarged in conformity with the lot area, the lot frontage, yard, and height requirements of the District in which situated, provided such construction shall be limited to buildings on land owned of record by the owner of the land devoted to the nonconforming use prior to the effective date of this Ordinance. In the event of such structural alteration or enlargement of buildings, the premises involved may not be used for any nonconforming use other than the use existing on the effective date of this Ordinance, other provisions of this Ordinance notwithstanding. B. Discontinuance. In the event that a nonconforming use of any building or premises is discontinued for a period of one (11 year, the use of the same shall conform thereafter to the uses permitted in the district in which it is located. C. Replacing Damaged Buildings. Any nonconforming building or structure damaged more than sixty (60) per cent of its re- placement value exclusive of the foundations at the time of damage by fire, flood, explosion, war, riot, or Act of God, shall not be restored or reconstructed and used as before such happening, but if less than sixty (60) per cent damaged above the foundation, it may be restored, reconstructed, or used as before provided that it be started within six (6) months of such happening, and be built of like or similar materials. D. Street Frontage Required. Except as per- mitted in Part XXII of this Ordinance no lot shall contain any building used in whole or in part for residence purposes unless such lot abuts for at least forty (40) feet on at least one street, or unless it has an exclusive unobstructed private easement of access or right-of-way of at least twenty (20) feet wide to a street, and there shall be not more than one (1) single family dwelling for such frontage or easement, except that a common easement of access at least fifty (50) feet wide may be provided for two (2) or more such single family dwellings or for one (1) or more two family or multiple dwellings. E. Accessory Buildings. No accessory build- ing shall be erected in any required court, or front yard. Accessory buildings shall be distant at least five (51 feet from alley lines and at least five (5) feet from lot lines of adjoining lots which are in any "R" District, except that accessory buildings constructed in the rear sixty (60) per cent of the lot may be erected two (2) feet from interior lot lines, and on a corner lot they shall conform to the set -back regulations on the side street. Accessory buildings, except stables, may be erected as a part of the principal build- ing, or, if at least six (6) feet therefrom, may be connected thereto by a breezeway or similar structure, provided all yard requirements for a principal building are complied with. An acces- sory building which is not a part of the main building shall not occupy more than thirty (30) percent of the rear yard and shall not exceed twelve (12) feet in height; however, this regu- lation shall not be interpreted to prohibit the construction of a four hundred forty (440) square foot garage on a minimum rear yard. F. Corner Lots. For corner lots, platted after the effective date of this Ordinance, the street side yard shall be equal in width to fifty (50) per cent of the setback regulation of the lots to the rear having frontage on the inter- secting street. G. On corner lots platted and of record at the time of the effective date of this Ordi- nance, the side yard regulation shall apply to the longer street side of the lot except in the case of reverse frontage where the corner lot faces an intersection street. In this case there shall be a side yard on the longer street side of the corner lot of not less than fifty (50) per cent of the setback required on the lots to the rear of such corner lot, and no accessory building on said corner lot shall project beyond the setback line of the lots in the rear; provided further that this regu- lation shall not be so interpreted as to reduce the buildable width of the corner lot facing an intersecting street and of record or as shown by existing contract of purchase at the time of the effective date of this Ordinance, to less than twenty-eight (28) feet nor to prohibit the erec- tion of an accessory building. H. On corner lots, frontage may be considered on either street provided that if front and rear yards are parallel to the lot line having the longer dimension then setbacks along both streets shall conform to the front yard requirement of the district in which it is located. .4 rd MIN, BLDG. Ca LINE A ril A I If NEWLY PLATTED LOTS 4 MIN, BLDG, LINE I ( LOTS OF RECORD 1 I 7 BOOK 181 ina6117 400K I. Front Yard. In any "R" District there shall be a minimum front yard required as stated in the yard requirements for that particular district; provided, however, that where lots comprising thirty (30) per cent or more of the frontage within two hundred (200) feet of either side lot line are developed with buildings at a greater set- back, the front yard setback shall be the average of these building setbacks and the minimum setbacks required for the undeveloped lots. In computing the average setback, buildings located on reversed corner lots or entirely on the rear half of lots shall not be counted. The required setback as computed herein need not exceed fifty (50) feet in any case. J. Required Yard Cannot Be Reduced. No lot shall be reduced in area so as to make any yard or any other open space less than the minimum required by this Ordinance. No part of a yard or other open space provided about any building or structure for the purpose of complying with the provisions of this Ordinance shall be included as part of a yard or other open space required under this Ordinance for another building or structure. Off-street parking and loading areas may occupy all or part of any required• yard or open space except as otherwise specified in this Ordinance. K. Building Lines on Approved Plats. Whenever the plat of a.land subdivision on record in the office of the County Recorder shows a setback building line along any frontage for the purpose of creat- ing a front yard or side street yard line, the building line thus shown shall apply along such frontage in place of any other yard line required in this Ordinance unless specific yard require- ments in this Ordinance require a greater set- back. L. Pending Applications for Building Permits. Nothing herein contained shall require any change in the overall layout, plans,construction, size or designated use of any building, or part thereof, for which approvals and required building permits have been granted before the enactment of this Ordinance, the construction of which conform- ably with such plans shall have been started prior to the effective date of this Ordinance and completion thereof carried on in a normal manner and not discontinued for reasons other than those beyond the builder's control. METHOD OF COMPUTING BUILDING SETBACK IN A DEVELOPED BLOCK (See Section 2A-7E, Front Yard) LOT IN QUESTION NOT COUNTED (See Text) 1 2 Vacant 3 4 I 5 6 7/' 8 9 1 re r rAPPIn S I Ai AI sp it A C p i ,r r 200 ft. PI 200 ft. a— _ Su Minimum setback of proposed building S=B+C+D+A+E+F 6 Min. Bldg. Setback Line Property Line Curb PART VI "A-1" Agricultural District 2A-8 REGULATIONS. The regulations set forth in this part and those contained in Part V shall apply in the "A-1" Agricultural District. A. Principle Permitted Uses. 1, Agricultural and the usual agricul- tural buildings and structures. 2. Truck gardening and nurseries, pro- vided that no permanent dwelling units shall be erected thereon un- less the tract contains three (3) or more acres. 3. Specialized poultry, pigeon, rabbit and other animal farms, but not in- cluding the feeding or disposal of community or collected garbage. 4. Riding stables, 5. Grain elevators with usual access- ory structures and the seasonal storage of coal whenever on or adjacent to and not more than one - hundred (100) feet from a tailway right-of-way. 6. Mining and extraction of minerals or raw material, subject to approval by the City Council. 7. Airports and landing fields. 8. Forest and forestry. 9. Parks, playgrounds, golf courses, both public and private, and recrea- tional uses. 10. Any use erected or maintained by a public agency. USE Dwellings LOT LOT AREA LOT AREA WIDTH PER FAMILY 3 acres 3 acres 11. Public utility structures and equip- ment necessary for the operation thereof. 12. Transmitting stations. B. Accessory Uses. 1. Accessory buildings and uses cus- tomarily incidental to any of the above uses. 2. Bulletin boards and signs appertain- ing to the lease, hire, or sale of a building or premises, or signs ap- pertaining to any material that is mined, grown, or treated within the district, provided, however, that such signs shall be located upon or immediately adjacent to the build- ing or in the area in which such materials are treated, processed, or stored. 2A-9 HEIGHT REGULATIONS. Any building here- after erected or structurally altered may be erected to any height not in conflict with other existing or future ordinances of the City of Waterloo. 2A-10 LOT AREA, LOT FRONTAGE AND YARD RE- QUIREMENTS. The following minimum require- ments shall be observed: FRONT YARD DEPTHS LEAST MINIMUM WIDTH ON SUM OF ANY ONE BOTH SIDE SIDE YARDS REAR YARD DEPTHS Same as specified in the ".R-1" District. Other permitted uses. S0 ft. 1The front yard depth of any lot abutting on a "Major Street" shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan. 9 (SOUK 18 50 ft. 100 ft. 50 ft. BOOK 181 s ;EI 2, PART VII "R-1" Residence District 2A- 11 REGULATIONS. The regulations set forth in this part and the regulations contained in Part V shall apply in the "R-1" Residence District. A. Principal Permitted Uses: 1. One and two family dwellings. 2. Churches and accessory buildings, upon approval of the City Council after recommendation of the City Planning Commission. 3. Public and parochial schools, elementary and high, and other educational institutions having an established current curriculum the same as ordinarily given in Waterloo public schools. 4. Private non-commercial recreational areas and facilities, swimming pools, institutional or community recreation centers including country clubs and golf courses. 5. Farming and truck gardening, but not on a scale that would be obnoxious to adjacent areas because of noise or odors. B. Accessory Uses: 1. Accessory uses. 2. Temporary buildings for uses inci- dental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work. 3. One bulletin board at- sign not exceeding fifty (5U) square feet in area appertaining to the construction, •lease, hire or sale of a building or premises and sale of land or lots, which board or sign shall be re- moved as soon as the premises are leased, hired, sold, or construc- tion completed. 4. Church bulletin boards. 5. Home occupations. 6. Stables, non-commercial where there exists an area devoted to such purposes of twenty thousand (20, 000) square feet with an additional ten thousand (10, 000) square feet per , animal exceeding two (2) in number housed or tethered and provi•ed further that no structure or building for the stabling of animals or tethering area be closer than fifty (50) feet from the abutting residential properties. The area devoted to such uses shall be kept in a clean and sanitary condition. 2A-12 HEIGHT REGULATIONS. No building shall exceed two and one-half (8) stories or thirty-five (35) feet in height, and no acces- sory structure shall exceed one (1) story or twelve (12) feet in height; except as provided in Section 2A-48. 2A-13 LOT AREA, FRONTAGE AND YARD REQUIREMENTS. R - 1 A. The following minimum requirements shall be observed, subject to the modified requirements contained USE in Section 2A-48. LOT LOT AREA LOT AREA WIDTH PER FAMILY One Family Dwellings 9,000 sq.ft. 75 ft. Two Family Dwellings 10,000 sq.ft. 80 ft. Other Permitted Uses: 10,000 sq.ft, 80 ft. FRONT YARD 1) 9,000 sq.ft. 30 ft. 5,000 sq.ft. 30 ft. 10,000 sq.ft. 35 ft. 1) The front yard depth of any lot abutting on a "Major Street" lines as shown on the Official Major Street Plan. 10 SIDE YARD WIDTHS Least Width on any one side 10% lot width 10% lot width 10% lot width Minimum REAR YARD DEPTHS 30 ft. 30 ft. 35 ft. shall be measured from the proposed right-of-way • • PART VIII "R-2" One and Two Family Residence District 2A-14 REGULATIONS. The regulations set forth in this Part, and contained in Part V shall apply in the "R-2" One and Two Family Residence Dis- trict. A. Principal Permitted Uses: 1. Any use permitted in the "R-1" Residence District, but not in- cluding animal and poultry hus- bandry on any lands used or plat- ted for residential purposes. 2. One and two family dwellings. 3. )dLerations and conversions of single-family dwellings into two family dwellings in accordance with the lot area, frontage and yard requirements as set forth in this section. B. Accessory Uses: 1. Any accessory use permitted in the "R-1" District. 2A-15 HEIGHT REGULATIONS. Same as spec- ified in the "R-1" Residence District. 2A-16 LOT AREA, LOT FRONTAGE AND YARD REQUIREMENTS. R - 2 The following minimum requirements shall be observed, subject to the modified requirements contained in Section 2A-48 USE SIDE 'LARD WIDTHS LOT LOT AREA FRONT Least REAR LOT AREA WIDTH PER FAMILY YARD 1) Width on YARD DEPTHS any one DEPTHS side One Family 7,200 sq.ft. 60 ft. Two Family 8,000 sq.ft. 70 ft. Other Permitted Uses: Same as specified in the "R-1" District. 7,200 sq.ft. 25 ft. 4,000 sq.ft. 2LN ft. 5 ft. 30 ft. 5 ft. 30 ft. 1) The front yard depth of any lot abutting on a "Major Street" shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan. 11 BOOK 181 olrE6;21 PART IX "R-3" Multiple Residence District 2A-17 REGULATIONS. The regulations set forth in this part, and contained in Part V shall apply in the "R-3" Multiple Residence District. A. Principal Permitted Uses: 1. Any use permitted in the "R-2" District. 2. Multiple dwellings. 3. Boarding and lodging houses. 4. Institutions of a religious, educational or philanthropic nature, including libraries. 5. Hospitals, day nurseries, nursing and convalescent homes, excepting animal hospitals and clinics. 6. Private clubs, fraternities, sororities, and lodges, excepting those the princi- pal activity of which is a service cus- tomary carried on as a business. 7. Mobile home parks as provided in Section 2A-43. R-3 MULTIPLE RESIDENCE DISTRICT: USE LOT AREA LOT WIDTH BOOK 181 PATE& B. Accessory Uses: 1. Accessory uses permitted in the "R-2" Iistrict. 2. Other accessory uses and structures, not otherwise prohibited, customarily accessory and incidental to any per- mitted principal use, including an indirectly non -flashing, lighted sign not to exceed one (1\ sq. ft. for each five (5' feet of frontage of property occupied by the use in question. 3. Storage garages, where the lot is occupied by multiple dwelling, hospital, or institutional building. 2A-18' HEIGHT REGULATIONS. No principal building shall exceed three (3) stories or forty- five (45) feet in height at the required front, side and rear yard lines, but above the height permitted at said yard lines, two (2) foot may be added to the height of the building for each one (1) foot that the building or portion thereof is set back from the required yard lines and except as further provided in Section 2A-48. 2A-19 LOT AREA, LOT FRONTAGE AND YARD REQUIREMENTS. The following minimum re- quirements shall be observed, subject to the modified requirements contained in Section 2A-48. FRONT LOT AREA YARD PER FAMILY DEPTHS 1 REAR YARD SIDE YARD WIDTHS DEPTHS One -Family Two -Family Multi -Family 7,200 sq. ft. 8,000 sq. ft. 10,000 sq. ft. 60 ft. 70 ft. 80 ft. 7,200 sq. ft. 4,000 sq. ft. 2,500 sq. ft. 25 ft. 25 ft. 30 ft. 5 ft. 5 ft. 5 ft. 30 ft. 30 ft. 30 ft. 1 The front yard depth of any lot abutting on a "Major Street" shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan. 12 PART X "R-4" Multiple Residence District 2A-20 REGULATIONS. The regulations set forth in this part, and contained in Part V shall apply in the "R-4" Multiple Residence District. A. Principal Permitted Uses: 1. Any use permitted in the "R-3" District. 2. Funeral Homes and Mortuaries. 3. Hotels, motels, and auto courts, in which retail shops may be operated for convenience of the occupants of the building; provided, however, that there shall be no entrance to such place of business, except from the inside of the building, nor shall any display of stock or goods for sale be so arranged that it can be viewed from the outside of the building. 4. Offices such as: Accountants Architects Art Schools Artists Barber Shop Beauty Shop Church Offices Civil Engineers Collection Agency Credit Bureau Dental Offices Other uses similar to the foregoing designated uses but subject to review by the City Planning Commission and approval of the City Council. 5. Tourist Home Entertainment Bureau Insurance Lawyers Medical Offices with Dispensary Nurses Registry Psychologists Public Stenographers Real Estate B. Accessory Uses. 1. Accessory uses permitted in the "R-3" District-. 2. Signs for the above permitted uses same as provided in the "R-3" Residence District. 2A- 21 HEIGHT REGULATIONS. No buildings shall exceed three (3) stories or forty-five (45) feet in height, at the required front, side and rear yard lines, except two (2) foot may be added to the height permitted at said yard lines for each one (1) foot that the building or portion thereof is set back from the required yard lines; and except as further provided in Section 2A-48. 13 BOOK is 623- 2A-22 LOT AREA, LOT FRONTAGE AND YARD REQUIREMENTS. The following minimum requirements shall be observed, subject to the modified requirements contained in Section2A-48. R-4 MULTIPLE RESIDENCE DISTRICT: 181.. l'AUE62,4 • FRONT LOT LOT AREA YARD USE LOT AREA WIDTH PER FAMILY DEPTHS') One -Family 6,000 sq. ft. 60 ft. 6,000 sq. ft. 20 ft. Two -Family 7,200 sq. ft. 60 ft. 3,600 sq. ft. 20 ft. SIDE YARD WIDTHS 5 ft. 5 ft. REAR YARD DEPTHS 30 ft. 30 ft. Multi -Family Least Minimum & Other Width on Surn of Permitted Uses: Any One Both Side Side Yards 1 & i Stories 8,000 sq. ft. 65 ft. 2,000 sq. ft. for the 20 ft. 5 ft. 10 ft. 35 ft. • first 4 units plus 850 2 & 21 Stories 8,000 sq. ft. 65 ft. sq.ft.peruniton 1st, 20 ft. 5 ft. 10 ft. 35 ft. 2nd, & 3rd floor and 3 Stories 8,000 sq. ft. 70 ft. 450 sq. ft. per unit 20 ft. 5 ft. 10 ft. 35 ft. above 3rd. 4 or More Stories 10, 000 sq. ft. 80 ft. See Section 2A-18 for yard requirements. Motels )Auto Courts Trailer Park 2) 1 acre 1 acre 100 ft. 1,500 sq. ft. per unit 25 ft. 20 ft. 3) 40 ft. 4) 40 ft. 100 ft. 3,000 sq. ft. per unit 25 ft. 20 ft. 3) 40 ft. 4) 40 ft. 1) The front yard depth of any lot abutting on a "Major Street" shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan. 2) All access drives to motel and trailer units shall be all-weather, dust -free surfacing. 3) Above yard requirements for motel and trailer parks apply to total area and not individual units. 4) Side yard requirements for auto courts and trailer parks may be reduced to ten (10) feet where such cour. o- park abuts a less restrictive zoning district. PART X "R-4" Multiple Residence District 2A-20 REGULATIONS. The regulations set forth in this part, and contained in Part V shall apply in the "R-4" Multiple Residence District. A. Principal Permitted Uses: 1. Any use permitted in the "R-3" District. 2. Funeral Homes and Mortuaries. 3. Hotels, motels, and auto courts, in which retail shops may be operated for convenience of the occupants of the building; provided, however, that there shall be no entrance to such place of business, except from the inside of the building, nor shall any display of stock or goods for sale be so arranged that it can be viewed from the outside of the building. 4. Offices such as: Accountants Architects Art Schools Artists Barber Shop Beauty Shop Church Offices Civil Engineers Collection Agency Credit Bureau Dental Offices Other uses similar to the foregoing designated uses but subject to review by the City Planning Commission and approval of the City Council. 5. Tourist Home Entertainment Bureau Insurance Lawyers Medical Offices with Dispensary Nurses Registry Psychologists Public Stenographers Real Estate B. Accessory Uses. 1. Accessory uses permitted in the "R-3" District-. 2. Signs for the above permitted uses same as provided in the "R-3" Residence District. 2A- 21 HEIGHT REGULATIONS. No buildings shall exceed three (3) stories or forty-five (45) feet in height, at the required front, side and rear yard lines, except two (2) foot may be added to the height permitted at said yard lines for each one (1) foot that the building or portion thereof is set back from the required yard lines; and except as further provided in Section 2A-48. 13 BOOK is 623- 2A-22 LOT AREA, LOT FRONTAGE AND YARD REQUIREMENTS. The following minimum requirements shall be observed, subject to the modified requirements contained in Section2A-48. R-4 MULTIPLE RESIDENCE DISTRICT: 181.. l'AUE62,4 • FRONT LOT LOT AREA YARD USE LOT AREA WIDTH PER FAMILY DEPTHS') One -Family 6,000 sq. ft. 60 ft. 6,000 sq. ft. 20 ft. Two -Family 7,200 sq. ft. 60 ft. 3,600 sq. ft. 20 ft. SIDE YARD WIDTHS 5 ft. 5 ft. REAR YARD DEPTHS 30 ft. 30 ft. Multi -Family Least Minimum & Other Width on Surn of Permitted Uses: Any One Both Side Side Yards 1 & i Stories 8,000 sq. ft. 65 ft. 2,000 sq. ft. for the 20 ft. 5 ft. 10 ft. 35 ft. • first 4 units plus 850 2 & 21 Stories 8,000 sq. ft. 65 ft. sq.ft.peruniton 1st, 20 ft. 5 ft. 10 ft. 35 ft. 2nd, & 3rd floor and 3 Stories 8,000 sq. ft. 70 ft. 450 sq. ft. per unit 20 ft. 5 ft. 10 ft. 35 ft. above 3rd. 4 or More Stories 10, 000 sq. ft. 80 ft. See Section 2A-18 for yard requirements. Motels )Auto Courts Trailer Park 2) 1 acre 1 acre 100 ft. 1,500 sq. ft. per unit 25 ft. 20 ft. 3) 40 ft. 4) 40 ft. 100 ft. 3,000 sq. ft. per unit 25 ft. 20 ft. 3) 40 ft. 4) 40 ft. 1) The front yard depth of any lot abutting on a "Major Street" shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan. 2) All access drives to motel and trailer units shall be all-weather, dust -free surfacing. 3) Above yard requirements for motel and trailer parks apply to total area and not individual units. 4) Side yard requirements for auto courts and trailer parks may be reduced to ten (10) feet where such cour. o- park abuts a less restrictive zoning district. PART XI "S-1" DISTRICT REGULATIONS (Shopping Center Commercial Districts) 2A-23 Statement of Intent. The "S-1" district is in- tended to provide for the development of shop- ping centers. For the purposes of this section, the term "shopping center" shall mean a planned retail and service area under single ownership, management, or control characterized by a con- centrated grouping of stores and compatible uses, with various facilities designed to be used in common, such as ingress and egress roads, ex- tensive parking accommodations, etc. Since shopping center developments, whether large or small, have a significant effect upon the Comprehensive Plan for the development of the City, extensive authority over their develop- ment is retained by the City Council and the City Planning Commission. Many matters relating to the shopping center's design, its potential for success or failure and its effect upon surround- ing neighborhoods must be considered by the Council and Commission in order to reasonably be assured that the area will not eventually be- come blighted. It is further intended that in the event of an applicant's failure to construct a shopping center in accordance with a reasonable time schedule the City Council shall enact the necessary legislation to reclassify the area to another classification consistent with the sur- rounding neighborhood, in order that the prop- erty will not be sterilized from use. Such action would also, because of the reduction in com- mercial zoning in a given area, provide condi- tions whereby it could be reasonable for the Council to classify other areas in the vicinity for shopping center use. A) Procedures. The owner or owners of any tract of land comprising an area of not less than five (5) acres may submit to the City Council a plan for the commercial use and development of such tract for the purposes of meeting the requirements of this section. Said plan shall be accompanied by evidence concerning the feasibility of the project and its effects on surrounding property and shall include each of the following: • 1. A site plan defining the areas to be de- veloped for buildings, the areas to be developed for parking, the location of sidewalks and driveways and the points of ingress and egress, including access streets where required, the location and height of walls, the location and type of landscaping, and the location, size and number of signs. 2. An analysis of market conditions in the area to be served, including the types and amount of service needed and gen- eral economic justification. 3. A traffic analysis of the vicinity indi- cating the effect of the proposed shop- ping center on the adjacent streets. 4. A statement of financial responsibility to assure construction of the shopping center, including landscaping, in accordance with the plan and the re- quirements of this section. Said development plan shall be referred to the City Planning Commission for study and for report after public hear- ing. The City Planning Commission shall review the conformity of the pro- pos-?cj _liwcilopment with the standards of the Comprehensive Plan, and with recognized principles of civic design, land use planning, and landscaping architecture. The Commission may approve the plan as submitted or, be- fore approval, may require that the ap- plicant modify, alter, adjust, or amend the plan as the Commission deems nec- essary to the end that it preserve the intent and purpose of this ordinance to promote public health, safety, morals, and general welfare. The development plan as approved by the Commission shall then be reported to the City Council whereupon the City Council may, after notice and public hearing, approve or disapprove said plan as reported or may require such changes thereto as it deems necessary to effectuate the intent and purpose of this ordinance. Upon approv- al of the plan, the City Council shall then initiate a change in zoning of the subject tract of land in accordance with the provisions of Sec. 55 of this ordin- ance to the "S-1" District classification. 15 , BOOK 181 I'A5[62,6 B) Standards. Uses permitted in the "S-1" District shall include any use permitted in the "C-3" District and 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 ex- pected that these minimums will be exceed- ed in all but exceptional situations. Build- ings may be erected to heights greater than those allowed in the "C-2" District in ac- cordance with the intent and purpose of this section, C) Completion. The Council may make the approval of the shopping center plan con- tingent upon the completion of construc- tion and improvements within a reasonable period of time, provided, however, that in the determination of such period, the Council shall consider the scope and mag- nitude of the project and any schedule or timetable submitted by the developer. Fail- ure to complete the construction and im- provements within said period of time shall be deemed sufficient cause for the Council, in accordance with the provisions of Sec. 2A-55 to rezone the subject property to the classifica- tion effective at the time of original submission of the shopping center plan unless an extension is recommended by the City Plan Commission and approved by the Council for due cause shown. Any proposed change in the shopping center plan, after approval by the Council, shall be resub- mitted and considered in the same manner as the original proposal. D) Existing Shopping Centers. Shopping centers in existence at the time of passage of this ordinance which are zoned "S-1" by this ordinance shall be considered as hav- ing met all of the requirements of this sec- tion. All new construction, additions, en- largements, etc., to structures within these shopping centers shall be in accord with the use and bulk regulations of the "C-2" District, except in cases where more restrictive controls have been imposed by agreement between the city and the prop- erty owners involved. PART XII "C-I" Commercial District 2A-24 REGULATIONS. The regulations set forth in this part, and contained in Part V shall apply in the "C-1" Commercial District. For the purpose of this section a "C-1" Com- mercial District is defined as a commercial district adjacent to Residence Districts in which such uses are permitted as are normally required for the daily local retail business needs of the residents of the locality only. A. Principal Permitted Uses: _ 1. Any use permitted in the "R-4" District. 2. Any local retail business or service establishment such as the following: Animal Hospital o► Veterinary Clinic provided all phases of the business conducted upon the premises be within a building where noises and odors are not evident to adjacent properties. Antique Shop Apparel Shop Bakery whose products are sold only at retail and only on the premises. Financial Institution Barber Shop or Beauty Parlor Bicycle Shop, sales and repair Book store Candy Shops where products are sold only at retail and only on the premises. Clothes Cleaning and laundry pickup station. Collection office of public utility Commercial parking lots for passen- ger vehicles in accordance with the provisions in Section 2A-45 Dairy Store --retail Dance and/or music studio Drapery Shop Drug Store Filling Station Florist and Nursery Shop -retail Fruit and Vegetable Market Furniture Store Gift Shop Grocery and Delicatessen Hardware Store Hobby Shop Household Appliances --sales and repair Ice Storage and distributing station of not more than five (5) ton capacity. • 17 3001( jewelry Shop Key Shop Landscape Gardener Launderette Locker Plant for storage and retail sales only Music Store Paint and Wallpaper Store Post Office Substation Photographic Studio Radio & Television Sales & Service Restaurant, Cafe, and Soda Fountain Shoe Repair Shops Sporting Goods Tailor Shop Theatre s Variety Store 3. Business or professional office and the like, supplying commodities or performing services primarily for residents of the neighborhood. 4. Outdoor advertising signs and billboards in accordance with the provisions of Section 2A-47 subject to the following conditions: a. Where the total contiguous area of the "C-1" District in which the proposed outdoor adver- tising sign or billboard is to be located is less than ten (10) acres in area, exclusive of streets and alleys, prior re- commendation must be obtained from the Planning Commission and approval granted by reso- lution of the City Council. b. That no outdoor advertising sign or billboard shall be permitted where the majority of buildings in a block are exclusively resi- dences on both sides of the street. B. Accessory Uses: 1. The following accessory uses are permitted in a "C-1" District in which the contiguous area of such "C-I" District is ten (10) acres or less. a. Accessory uses permitted in the "R- 4" District. f i•� �tl i_ C BOOK b. Any exterior sign shall pertain only to a use conducted within the building and be integral or attached thereto. No sign may project over any street line or extend more than six (6) feet over any building line whether fixed to the building or any other structure. In no case shall any sign project more than four (4) feet above the roof line, and the total area of all signs pertaining to the business conducted in any building shall not exceed two (2) square feet in area for every foot occupied by the front of the building displaying such sign. Where the lot adjoins an "R" District, the exterior sign shall be attached flat against the building and shall not face the side of the adjacent lot located in the "R" District; however, this does not apply to the side of the building which is opposite that side adjoining the "R" District. c. One "post sign"; provided, how- ever, that said "post sign" shall not have a surface area greater than forty (40) square feet on any one side thereof and not more than two (2) sides of said "post sign" shall be used for adver- tising purposes. The bottom of said post sign or surface area thereof shall not be less than twelve (12) feet above the side- walk or above the surface of the ground upon which it is erected, and the total vertical or horizon- tal dimension of said sign shall not be greater than seven (7) feet. The term "post sign" as herein defined shall not be deemed to include any sign ad- vertising the trade name, mer- chandise or service of any per- son, firm or corporation who pays a consideration for the privilege of placing, maintain- ing, or using any portion of said sign to the owner or occupant of the premises upon which said sign is erected or placed. Said "post sign" shall not extend over street right-of-way lines nor otherwise obstruct or impair the safety of pedestrians or motorists. 18 d. Storage of merchandise inciden- tal to the principal use, but not to exceed forty (40) per cent of the floor area used for such use. 2. The following accessory uses are permitted in a "C-1" District in which the contiguous area of such "C-1" District is more than ten (10) acres in area. a. Accessory uses permitted in the "R-4" District. b. Any exterior or roof sign, pro- vided such sign shall not pro- ject more than sixteen (16) feet above the roof line. c. Storage of merchandise inciden- tal to the principal use, but not to exceed forty (40) per cent of the floor area used for such use. 2A-25 HEIGHT REGULATIONS. No building shall exceed two (2) stories or thirty-five (35) feet in height except as otherwise provided in Section 2A-48. 2A-26 LOT AREA, LOT FRONTAGE AND YARD REQUIREMENTS. A. The following minimum requirements shall be observed, subject to the modified requirements contained in Section 2A-48. USE Dwellings Motels and Auto Courts LOT LOT AREA WIDTH LOT AREA PER FAMILY FRONT YARD 1) DEPTHS Same as specified in the "R-4" District SIDE YARD WIDTHS Least width on any one side Same a3 specified in the "R-4" District Other permitted uses. 25 ft. None required except adjoin- ing any "R" District in which case not less than 10 ft. 1) The front yard depth of any lot abutting on a "Mayor Street" shall be measured from the proposed right-of-way lines as shown on the Official Maior Street Plan. 2) For every additional foot the front yard depth is increased over twenry- five (25) feet, the rear yard may be decreased in direct proportion thereto, but in no case shall the rear yard be less than twenty-five (25) feet. PART XIII "C-2" Commercial District 2A-27 REGULATIONS. The regulations set forth in this part, and contained in Part V shall apply in the "C-2" Commercial District. A. Principal Permitted Uses: 1. Any use permitted in the "C-1" District. 2. Animal hospital, veterinary clinic or kennel; providing an exercising runway shall be at least two hun- dred (200) feet from any "R" Dist- rict and one hundred (100) feet from any "C-1" District boundary. 3. Automobile, motorcycle, trailer and farm implement establishments for display, hire and sales (in- cluding sales lots) , including as incidental to these major uses all repair work in connection with their own and customers' vehicles, but not including uses in which the major source of revenue is from bad and fender work. In addition, this paragraph shall not be construed to include auto -::chile , tractor, or machinery wrecking and rebuilding and used pars yards. 6 19 BOOK Minimum sum of both side yards REAR YARD DEPTHS - 40 ft. 2) 4. Ballrooms and dance halls. 5. Billiard parlors and pool halls. 6. Bookbinding. 7. Bowling alleys. 8. Carpenter and cabinet shop. 9. Clothes dry cleaning and/or dyeing establishments using flammable cleaning fluids with a flash point higher than 100 degrees Fahrenheit. 10. Commercial baseball fields, swim- ming pools, skating, golf driving ranges, or similar open air recreation- al uses and facilities. 11. Drive-in eating and drinking establish- ments; summer gardens; and road houses, including entertainment and dancing, provided the principal building is a distance of at least one hundred (100) feet from any District. 12. Laundries. 13. Lawn .power repair shop. 14. Lumber yards, retail, but not in- cluding any manufacturing or fab- ricating for who'esaPnq operations. 15. Monument sales yard. 16. Offices, business and professional. R"" BOOK 181 PAGCG3O 17. Outdoor advertising signs in ac- cordance with the provisions of Section 2A- 47 . 18. Pet shop, including aquariums. 19. Plumbing and heating shop. 20. Printing shops, and not to include more than two (2) 12-inch by 18- inch job presses. 21. Sheet metal shop. 22. Sign painting shop. 23. Taverns and restaurants. 24. Trailer parks. 25. Used auto sales lots or any similar use. B. Accessory Uses: 1. Accessory uses permitted in the "C-1" District. 2. Accessory uses and structures cus- tomarily incidental to any per- mitted principal uses. 3. Any exterior or roof sign; provided such sign shall not project more than sixteen (16) feet above the roof line. USE Dwellings Motels and Auto Courts Trailer Parks Other Permitted Uses LOT AREA 2A-28 HEIGHT REGULATIONS. No building shall exceed three (3) stories or forty-eight (48) feet in height except as otherwise pro- vided in Section 2A- 48 . 2A-29 LOT AREA, LOT FRONTAGE AND YARD REQUIREMENTS. The following minimum re- quirements shall be observed, subject to the modified requirements contained in Section 2A-48. LOT LOT AREA FRONT WIDTH PER FAMILY YARD 1) DEPTHS SIDE YARD WIDTHS Least Minimum width on any one side Same as specified in the "R-4" District Same as specified in the "R-4" District 2 acres 100 ft. 1,250 sq. ft. ?5 ft. (See foot- not-1 2) sum of both side yards REAR YARD DEPTHS 15 ft. 3) 30 ft. 43 ft. None except ad- jacent to an "R" District, in which case not less Ana:: 10 feet. 40 ft. 4) ) The front yard depth of any lot abutting on a "Major Street" shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan. 2 ) Where all. the frontage on one side of the street between two intersecting streets is located in the "C-2" Commercial District, no front yard shall be required unless a front yard setback is required to meet a proposed right-of-way line. Where the frontage on one side of the street between two intersecting streets is located in the "C-2" Commercial District and a "C-1" Commercial or "R" Residence Districts one-half (1/2) of the front yard requirements of the "C-1" Commercial or "R" Residence District shall apply to the "C-2" Commercial District. Where a lot is located at the intersection of twc or more streets, the front yard requirements stated above shall apply to each street side of the corner lot, except that the buildable width of such lot shall not be reduced to less than twenty-eight (28) feet. No accessory building shall project beyond the front yard line on either street. 3) Where a trailer park has frontage on more than one street the recuirecl front yard depth shall be maintained from all streets. 4 ) For every additional foot the front yard depth is increased over twenty-five (25) feet, the rear yard may be decreased in direct proportion thereto, but in no case shall the rear yard be less than twenty-five (25) feet. 20 PART XIV "C-3" Commercial Tistrict 2A-30 REGULATIONS. The regulations set forth in this part, and contained in Part V shall apply in the "C-3" Commercial District. A. Principal Permitted Uses. 1. Any use permitted in the "C-2" Commercial District 2. Automobile body or fender repair shop. 3. Department store. 4. Exterminator sales. 5. Lumber yards or building material sales yards. 6. Manufacture or treatment of products clearly incidental to the conduct of a retail business conducted on the premises. 7. Office buildings. 8. Printing and/or publishing houses. 9. S`orage warehouse or business. 10. Tire shop, including vulcanizing and retreading. 11. Wholesale warehouse or business. USE Dwellings Trailer Parks Motels and Auto Courts LOT LOT AREA WIDTH Other permitted uses LOT AREA PER FAMILY B. Accessory Uses. 1. Accessory uses permitted in the "C-2" District. 2. Any exterior or roof sign the height of which shall not exceed forty (40) per cent of the building height above the roof line, but not to exceed fifty (50) feet above the roof line in any case. For build- ings less than forty (40) feet in height, the maximum height above the roof line for any exterior or roof sign shall be sixteen (161 feet. 2A-31 HEIGHT REGULATIONS. No building shall exceed the cubical content of a prism having a base equal to the area of the lot and a height equal to one hundred sixty-five (165) feet or three (3) times the width of a street on which it faces, whichever is the greater; pro- vided however, that a tower not to exceed twenty (20) per cent of lot area may be construct- ed without reference to the above limitations. 2A-32 LOT AREA, LOT FRONTAGE AND YARD REQUIREMENTS. The following minimum re- quirements shall be observed, subject to the modified requirements contained in Section 2A-4 8 . FRONT YARD DEPTHS SIDE YARD WIDTHS Least width on any one side Same as specified in the "R-4" District Same as specified in the "C-2" District Same as specified in the "R-4" District 21 Nohe required None except unless fronting adjacent to on the propos- an "R" ed right-of-way District, in of a thorofare which case shown on the not less Official Maior than 15 ft. Street Plan; in which case the building setback line shall be the proposed right- of-way line. Minimum sum of both side yards None except abutting an "R" District in which case not less than 25 feet. REAR YARD DEPTHS e Bon 18. PART XV "M-1" Light Industrial District 2A-33 REGULATIONS. The regulations set forth in this part, and contained in Part V shall apply in the "M-1" Light Industrial District. A. Principal Permitted Uses. 1. Any use permitted in the "C-3" District, except that no occupancy permit shall be issued for any dwelling, school, hospital, clinic, or other institution for human care, except where incidental to a per- mitted principal use. 2. Automobile assembly. 3. Bag, carpet, and rug cleaning; provided necessary equipment is installed and operated for the effec- tive precipitation or recovery of dust. 4. Bakeries, other than those whose products are sold at retail only on the premises. 5. Welding or other metal working shops, excluding shops with press- es over twenty (20) ton rated capa- city, drop hammers and the like. 6. Contractor's equipment storage yard or plant, or rental of equip- ment commonly used by contractors, storage and sale of livestock, feed and/or fuel, provided dust is effect- ively controlled, and storage yards for vehicles of a delivery or Bray- ing service. 7. Carting, express, hauling or storage yards. 8. Circus, carnival or similar tran- sient enterprise; provided such structures or buildings shall be at least two hundred (200) feet from any "R" District. 9. Coal, coke or wood yard. 10. Concrete mixing, concrete products manufacture. 11. Cooperage works. 12. Creamery, bottling works, ice cream manufacturing (wholesale), ice manufacturing and cold storage plant. 13. Enameling, lacquering or japanning, 14. Foundry casting lightweight non- ferrous metals or electric foundry not causing noxious fumes or odors. 15. Flammable liquids, underground storage only, not to exceed twenty- five thousand (25, 000) gallons, if located not less than two hundred (200) feet from any "R" District. Be 22 009 tail ti'J;-,? 16. Junk, iron or rags, storage or baling, where the premises upon which such activities are conducted are wholly enclosed within a building, wall or fence, not less than six (6) feet in height, completely obscuring the activity; but not including auto- mobile, tractor, or machinery wrecking or used parts yards. 17. Laboratories --experimental, film or testing. 18. Livery stable or riding academy. 19. Machine shop. 20. Manufacture of musical instruments and novelties. 21. Manufacture or assembly of electri- cal appliances, instruments and devices. 22. Manufacture of pottery or other similar ceramic products, using only previously pulverized clay and kilns. 23. Manufacture and repair of electric signs, advertising structures, sheet metal products, including heating and ventilating equipment. 24. Milk distributing station other than a retail business -conducted on the premises. 25. Sawmill, planing mill, including manufacture of wood products not involving chemical treatment. 26. The manufacturing, compounding, processing, packaging or treatment of cosmetics, pharmaceuticals, and food products except fish and meat products, cereals, sauerkraut, vinegar, yeast, stock feed, flour, and the rendering or refining of fats and oils. 27. The manufacture, compounding, as- sembling or treatment of articles or merchandise from previously prepared materials such as bone, cloth, cork, fibre, leather, paper, plastics, metals or stones, tobacco, wax, yarns and wood. B. Accessory Uses. 1. Any accessory uses permitted in the "C-3" Commercial District. 2. Any accessory uses customarily accessory and incidental to a permitted principal use. 2A-34 REQUIRED CONDITIONS. No use shall be permitted to be established or maintained which by reason of its nature or manner of oper- ation is or may become hazardous, noxious or offensive owing to the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibrations, refuse matter or water -carried waste. 2A-35 HEIGHT REGULATIONS. No building shall exceed the cubical content of a prism having a base equal to the buildable area of the lot and a height of seventy-five (75) fent or one and one-half (1 1/2) times the width of the street on which it faces, whichever is the least. USE LOT AREA LOT LOT AREA VITIDTU PER FAMILY 2A-36 YARD REQUIREMENTS. The following' minimum requirements shall be observed subject to the modified requirements contained in Section 2A-48. FRONT YARD 1) DEPTHS Dwellings Same as specified in the "R-4" District Trailer Parks Motels and Auto Courts Same as specified in the "C-2" ')istrict Same as specified in the "R-4" District Other Permitted Uses 25 ft. SIDE YARD WIDTHS None required except adjacent to an "R" District in which case not less than 25 ft. 1) The front yard depth of any lot abutting on a "Major Street" shall he measured from the proposed right-of-way lines as shown on the Official Mayor Street Plan. 2 ) For every additional foot the front yard depth is increased over twenty- five (25) feet, the rear yard may be decreased in direct proportion there- to, but in no case shall the rear yard be Less than eight (8) feet; and in addition if any portion of this rear yard area is used for an enclosed ot f- street loading space, the area above such an enclosure may be used for building purposes. REAR YARD DEPTHS 40 ft. 2 ) BOOK in. r'l'631 PART XVI "M-2" Heavy Industrial District 2A-37 REGULATIONS. The regulations set forth in this part and contained in Part V shall apply in the "M-2" Heavy Industrial District. A. Principal Permitted Uses. A building or premises may be used for any purpose whatsoever except those listed in subparagraph 1, 2 and 3 below: 1. No occupancy permit shall be issued for any use in conflict with any ordinance of the City of Waterloo or law of the State of Iowa regulating nuisances. 2. No occupancy permit shall be issued for any dwelling, school, hospital, clinic, or other institution for human care, except where incidental to a permitted principal use. 3. No occupancy permit shall be issued for any of the following uses until and unless the location of such use shall have been authorized by the City Council after report by the fire department a. Abattoirs and slaughter houses or stock yards. b. Acid manufacture or wholesale storage of acids. c. Automobile, tractor, or machinery wrecking and used parts yards. d. Cement, lime gypsum, or plaster of paris manufacture. e. Distillation of bones. f. Explosive manufacture or storage. g. Fat rendering. USE Permitted Uses LOT LOT AREA WIDTH LOT AREA PER FAMILY • h. Fertilizer manufacture. i. Garbage, offal or dead animal reduction or dumping. j. Gas manufacture and cylinder recharging. k. Glue, size or gelatine manu- facture. 1. Petroleum or its products, re- fining or wholesale storage of. m . Rubber goods manufacture. n. Sand or gravel pits. o. Smelting of tin, copper, zinc, or iron ores. p. Transmitting stations. q. Waste paper yard. r. Wholesale storage of gasoline. B. Required Conditions 1. The best practical means known for the disposal of refuse matter or water -carried waste, the abate- ment of obnoxious or offensive odor, dust, smoke, gas, noise, or similar nuisance, shall be employed. 2. All principal buildings and all acces- sory buildings or structures, including loading and unloading facilities, shall be located at least two hundred (200) feet from any "R" District and not less than one hundred (100) feet from any other district except an "M-1" District. 2A-38 HEIGHT REGULATIONS. No structure shall exceed in height the distance measured to the center line of the nearest street from any portion of the proposed building or structure, except as provided in Section 2A- 48 FRONT YARD 1 ) DEPTHS 25 ft. SIDE YARD WIDTHS None required except adjacent to an "R" District in which case, not less than 200 ft. 1 ) The front yard depth of any lot abutting on a "Major Street" shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan. 24 REAR YARD DEPTHS 40 ft. 2A-39 "M-2, P" PLANNED INDUSTRIAL DISTRICT Regulations. The purpose of this section of the . ordinance is to permit the establishment of industrial parks and to provide for the orderly planned growth of industries in large tracks of land. It isalso intended that such industrial parks be developed to maximize the potentials of industrial areas and at the same time minimize any adverse effect upon adjacent properties in other zoning districts. A. Principal Permitted Uses 1) Any use permitted in the "M-2" Heavy Industrial District. B. Required Conditions. Prior to the issuance of any building permit for any building or structure in this district, a plan approved by the City Planning Commission and City Council shall be on file with the Build- ing Official showing the following infor- mation: 1) 2) General plan showing the location of all buildings, internal streets, parking lots, railroad tracks, pro- posed sanitary and storm sewer lines, and water and power facil- ities. Building setback lines shown on the plan shall be not less than one hun- dred (100) feet from public streets, Residential (R-1, R-2, R-3, R-4) Districts, or "A-1" Agricultural Districts. Such yard areas shall be landscaped and maintained in such a manner as to reflect the intent of the establishment of an industrial park area. Off-street parking may be permitted in all such yard areas provided that they do not extend closer that forty (40) feet to public right-of-way, Residential (R-1, R-2, R-3, R-4) Districts, or "A-1" Agricultural Districts. 25 3) Outdoor advertising and billboards may be permitted in this district provided that such advertising devices contain information per- taining to the business or industry located upon that site. The loca- tion of such signs or billboards shall not be closer than forty (40) feet from any public street line. 4) The Planned Industrial District plan shall indicate that all industrial or commercial uses shall establish performance standards relating to air and water pollution emissions meeting or exceeding standards established by Federal, State, or local pollution control ordinances or laws. Dor ROOK 131 PAR UtiO BOOK PART XVII "U-1" Unclassified District 2A-40 REGULATIONS. The regulations set forth in this part and those contained in Part V shall apply in the "U-I" Unclassified District. A. Principal Permitted Uses. 1. Agriculture and the usual agricul- tural buildings and structures. 2. Amusement enterprises, such as race track, carnival, circus, rides and shows subject to prior recommendation from the Planning and Zoning Commission and approval by the City Council. 3. Truck gardening and nurseries, pro- vided that no permanent dwelling units shall be erected thereon unless the tract contains ten (10) or more acres. 4. Mining and extraction of minerals or raw material, subject to approval by the City Council 5. Airports and landing fields. 6. Forest and forestry. 7. Parks, playgrounds, golf courses, both public and private, and recrea- tional uses. USE Dwellings Other permitted Uses LOT LOT AREA LOT AREA WIDTH PER FAMILY 10 acres . 10 acres • 8. Any use erected or maintained by a public agency. 9.' Public utility structures and equip- ment necessary for the operation thereof. 10. Transmitting stations. 11. Dumping of non-combustible mater- ials for land -fill purposes. 12. Railroad right-of-way. B. Accessory Uses. 1. Accessory buildings and uses cus- tomarily incidental to any of the above uses. 2. Bulletin boards and signs appertaining to the lease, hire or sale of a build- , ing or premises, or signs appertaining to any material that is mined, grown, or treated within the district, provided, however, that such signs shall be located upon or immediately adjacent to the building or in the area in which such materials are treated, processed or stored. 2A-41 HEIGHT REGULATIONS. Any building hereafter erected or structurally altered may be erected to any height not in conflict with other existing or future ordinances of the City of Waterloo. 2A-42 LOT AREA, LOT FRONTAGE, YARD & SITE REQUIREMENTS. The following minimum require- ments shall be observed: FRONT YARD1) DEPTHS Least width on any one side Minimum sum of both side yards REAR SITE YARD REQUIREMENT DEPTHS Same as specified in the "R-1" District 50 ft. 50 ft. 100 ft. 1) The front yard depth of any lot abutting on a "Major Street" shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan. 2) The ground floor elevation of buildings erected in this district shall be above flood elevations as determined by the Official Flood Map and provided further that any structure or fill upon which a building is located shall not adversely effect up -stream properties, as determined by the Iowa Natural Resources Council. 26 • See foot note (2) . 50 ft. See foot note (2) . J PART XVIII "R-P" Planned Residence District 2A-43 PLANNED RESIDENCE DISTRICT. A. Procedure. The owner or owners of any tract of land comprising an area of not less than ten (10) acres may submit to the City Council of the City of Waterloo, Iowa, a plan for the use and development of the entire tract of land. Said development plan shall be referred to the Planning Commis- sion for study and for report after public hearing. The Planning Commission shall review the conformity of the proposed de- velopment with the standards of the Com- prehensive Plan, and with recognized prin- ciples of civic design, land use planning, and landscape architecture. The Commis- sion may approve the plan as submitted, or before approval may require that the appli- cant modify, alter, adjust, or amend the plan as the Commission deems necessary to the end that it preserve the intent and purpose of this ordinance to promote public health, safety, morals, and general wel- fare. The development plan as approved by the Commission shall then be reported to the City Council, whereupon the City Council may, after notice and public hear- ing, approve or disapprove said plan as reported or may require such changes there- to as it deems necessary to effectuate the intent and purpose of this ordinance. B. Standards. The land usage, minimum lot area, yard, height, and accessory uses shall be determined by the requirements set out below, which shall prevail over conflicting requirements of this ordinance or the subdivision ordinance. 1. The minimum yard and height requirements of the zoning district in which the devel- opment is located shall not apply except that minimum yards specified in the district shall be provided around the boundaries of the area being developed. 2. Uses along the project boundary lines shall not be in conflict with those allowed in adjoining or opposite property. To this end the Commission may require, in the absence of an appropriate physical barrier, that uses of least intensity or a buffer of open space or screening be arranged along the borders of the project. 3. A plat of the development shall be recor- ded regardless of whether a subdivision is proposed, showing building lines, building locations, common land, streets, easements, and other applicable items required by the subdivision ordinance. 27 4. No building permits shall be issued un- • til the final plat of the development is approved and recorded. C. Deed Restrictions. In its review of the plan, the Commission or Council may consider any deed restrictions or covenants entered into or contracted for by the developer concerning the use of common land or permanent open space. Common land as herein contained shall refer to land dedicated to the public use and to land retained in private ownership but inten- ded for the use of the residents of the devel- opment unit or the general public. D. Land Use and Density Requirements 1. The uses permitted in the Planned Residence District shall conform to the uses specified in the zoning district in which it is located ex- cept that less restricted uses may be permitted in accordance with the following schedule. One & Two Family District a. Multiple family residences including accessory uses in accordance with 2A-43- B-3. Maximum % of Total Area 35% b. Commercial uses and acces- 15% sory uses in accordance with 2A-43 - B-3, and 2A-24A. 2. Density requirements shall be in- terpreted as follows: a. Lot area per family in one & two family residences shall be the same as the district in which the plan- ned residence is located. b. Lot area requirements for multiple family residences shall be the same as in the "R-3" Residence District. c. All density requirements shall be computed on a total area basis using private streets and drives, common open space, park areas, recreation areas, off- street parking areas, as well as building site areas. E. No permit for any commercial structure or building shall be issued until at least twenty-five (25) per cent of the Planned Residence District in question is devel- oped for residential uses . .4 r.� tr t At ROOK 181 PAGE3S PART XIX Parking and Loading Areas, Public Garages, Parking Lots and Filling Stations 2A-44 OFF-STREET LOADING SPACES REQUIRED. A. In any district, except the "C-3" Commercial District, in connection with every building or part thereof hereafter erected, having a. gross floor area of ten thousand (10,000) square feet or more, which is to be occupied by manu- facturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or dis- tribution by vehicles of .material or merchandise, there shall be provided and maintained on the same lot with such building, at least (1) one off-street loading space plus one (1) additional such loading space for each twenty thousand (20, 000) square feet or major fraction thereof of gross floor area so used in excess of ten thousand (10, 000) square feet. 1. Each loading space shall be not less than ten (10) feet in width, twenty-five (25) feet in length. 2. Such space may occupy all or any part of any required yard or court space or as specifically provided in the district in which it is located. 2A-45 OFF STREET PARKING AREA REQUIRED A. In all districts, except the "C-3" Commercial District, in connection with every industrial, commercial, business, trade, insti- tutional, recreational, or dwelling use, and similar uses, space for parking and storage of vehicles shall be provided in accordance with the following schedule; however, no parking area required hereunder shall be less than one thousand (1,000) square feet in area except in the case of dwellings and retail stores and shops under one thousand (1,000) square feet. 1. Automobile sales and service garages --fifty (50) per cent of floor area. 2. Banks, Business and Professional Offices --seventy-five (75) per cent of floor area. 3. Bowling Alleys --five (5) spaces for each alley. 4. Churches --one (1) space for each six (6) seats in a principal auditorium. 5. Dance Halls, Assembly Halls --two hundred (200) per cent of floor area used for dancing or assembly. 6. Dwelling --one and one-half (12) parking space for each family or dwelling unit. 7. Funeral Homes, Mortuaries --one (1) parking space for each five (5) seats in the principal auditorium. 8. Furniture and Appliance Stores, House- hold Equipment or Furniture Repair Shops over two thousand (2,000) square feet of floor area --fifty (50) per cent of floor area. 9. Hospitals --one (1) space for each fnnr (4) beds. 10. Hotels --one (1) space for each two (2) bedrooms. 11. Manufacturing Plants --one (1) space for each three (3) employees on the maximum working shift. 12. Restaurants, Beer Parlors and Night Clubs, over one thousand (1,000) square feet floor area --two hundred (200) per cent of floor area. 13. Retail Stoles, Super Markets, etc. , over two thousand (2,000) square feet floor area --two hundred fifty • (250) per cent of floor area. 14. Retail stores, shops, etc. under two thousand (2,000) square feet -- one hundred (100) per cent of floor area. 15. Schools, one (1) space for each eight (8) seats in the principal auditorium. 16. Sports arenas, Auditoriums, other than in schools --one (1) parking space for each six (6) seats. 17. Theatres, Assembly Halls with fixed seats --one (1) parking space for each six (6) seats. 18. Wholesale establishments or ware- houses --one (1) space for each two (2) employees. 19. Sororities, fraternities, and lodging houses --one (1) space for each 300 sq. ft. of gross floor area. B. In case of any building, structure or premises, the use of which is not specifically mentioned herein, and provisions for a use which is so mentioned and to which said use is similar, shall apply. 28 u (1 LI u C. Where a lot does not abut on a public or private alley or easement of access, there shall be provided an access drive not less than eight (B) feet in width in the case of a dwelling, and not less than sixteen (16) feet in width in all other cases leading to the loading or unloadinc spaces and parking or storage areas required hereunder in such manner as to secure the most appropriate development of the property in question, except where provided in connection with a use permitted in.a residence district, such easement of access or access drive shall not he located in any residence district. D. Every parcel of land hereafter used as a public or private parking area, including a commercial parking lot, shall be developed and maintained in accordance with the following requirements: 1. No part of any parking space shall be closer than five (5) fe ;t to any established street right-of-way or alley line. In case the parking lot adjoins an "R" District, it shall be set back at least five (5) feet from the "R" District boundary and shall be effectively screen -planted. 2. Any off-street parking area, in- cluding any commercial parking lot, for more than five (5) vehicles shall be surfaced with an asphaltic or poi: eland cement binder pavement or such other surfaces so as to provide a durable and dustless surface, shall be so graded and drained as to dispose of all surface water accumulation within the area, and shall be so arranged and marked as to provide for orderly and safe loading or unloading and parking and storage of self-propelled vehicles. 3. Any lighting used to illuminate any off-street parking area including any commercial parking lot, shall be so arranged as to reflect the light away from adjoining premises in any "R" District. E. In any "R" Residence District abutting a "C" or "M" District off-street parking lots shall be permitted in accordance with the following requirements. 1. Said off-street parking lot shall not extend further than two hundred (200) feet into an "R" Residence District or to the nearest street, whichever is closer. 2. Off-street parking lots located in an "R" Residence District shall provide front and side yards in accordance with the district in 29 which it is located. Provided fur- ther that front or side yards shall be used for fences, walks or land- scaping only, with no vehicular parking in said yard area. Provided further that where a contiguous development of lots is used for parking purposes, no side yard shall be required for abutting parking lots having a common side lot line. 3. Off-street parking lot in any "R" Residence District shall provide a permanent fence or shrubbery screen on all side yards of the abutting "R" Residence District. Such screen to be located in the provided side yard. 4. Off-street par king lots in any "R" Residence District shall be devel- oped with an all weather, dust free surface. Such surfacing shall be approved by the City Engineer. Provided further that such parking lots shall he maintained in an orderly manner free from refuse or debris. 5. All lighting for said off-street park- ing lots shall he such that no light is directed or reflected on adjacent residential properties. PART XX 2A- 46 FILLING STATIONS, PUBLIC GARAGES AND PARKING LOTS. A. No gasoline filling station or a com- mercial customer or employee parking lot for twenty-five (25) or more motor vehicles, or a parking garage or automobile repair shop, shall have an entrance or exit for vehicles within two hundred (200) feet along the same side of a street, of any school, public playground, church, hospital, public library, or institution for dependents or for children, except where such property is in another block or on another street which the lot in question does not abut. B. No gasoline filling station or puDlic garage shall be permitted where any oil draining pit or fuel filling appliance is located within twelve (12) feet of any street line or within twenty-five (25) feet from any "R" District, except where such appliance or pit is within a building. MEI 'Au li At. ci ROOK( i_v. PART XXI Special Provisions 2A- 47 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS. In all districts where permitted, billboards shall be set back from the proposed right-of-way line of any state or federal high- way, any major city thoroughfare so designated by the Official Major Street Plan, and from the right-of-way line of any other street or highway, at least as far as the required front yard depth for a principal building in such districts, however, the setback of any outdoor advertising sign or billboard (not including, however, bus- iness identification and directional and other incidental signs otherwise permitted under the provisions of this Ordinance) on corner lots, in the triangle formed by the lines of streets inter- secting at an angle of less than sixty (60) degrees and a line joining points on such lines one hundred (100) feet distant from their point of intersection, no outdoor advertising sign or billboard shall be permitted. No such sign or billboard shall be permitted which faces the front or side lot line of any lot in any "R" District used for residential purposes within one hundred (100) feet of such lot lines, or which faces any public parkway, public square or entrance to any public park, public or parochial school, church, cemetery or similar institution, within three hundred (300) feat thereof. PART XXII Exceptions and Modifications • 2A-48 EXCEPTIONS AND MODIFICATIONS. The regulations specified in this Ordinance shall be subject to the following exceptions and inter- pretations: A. Use of Existing Lots of Record: In any district where dwellings are permitted, a single- family dwelling may be located on any lot or plot of official record as of the effective date of this Ordnance irrespective of its area or width; and in addition, any two-family dwelling may be located on any lot or plot in an "R-2" Residence District that has a lot width of not less than sixty (60) feet and is of official record as of the effective date of this Ordnance; provided, however: 1. The sum of the side yard widths of any such lot or plot shall not be less than ten (10) fee*, but in no case less than five (5' feet, for any one side yard. 2. The depth of the rear yard of any such lot need not exceed twenty (20) per cent of the depth of the lot, but in no case less than ten (10) feet. 30 3. In the case of a lot of record • where the above requirements are greater than those of the district in which it is located the lesser requirement shall apply. 4. In the case of building setback lines established on lots of record, as of the effective date of this ordinance, such setback lines may apply in lieu of those required by this ordinance unless existing adjacent building set- backs are greater than specified on the plat of record in which case the pro- visions of Sec. 2A-7 shall apply B. Structures Permitted above Height Limit: The building height limitations of this Ordinance shall be modified as follows: 1. Chimneys, cooling towers, elevator bulk -heads, fire towers, monuments, penthouses, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, and spires, radio or television towers, or necessary mechanical appurtenances may be erected to a height in accordance with existing or hereafter adopted ordin- ances of the City of Waterloo. 2. Public, semi-public or public service buildings, hospitals, sanatoriums, or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet, and churches and temples, when permitted in a district may be erected to a height not exceeding seventy-five (75) feet if the building is set back from each property line at least one (1) foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is built. 3. Single-family dwellings and two- family dwellings in the dwelling districts may be increased in height by not more than ten (10) feet when two (2) side yards of not less than fifteen (15) feet each are provided, but they shall not exceed three (3) stories in height. C. Area Requirements; In any district where neit her public water supply or private water supply serving three (3) or more lots, nor public sanitary sewers or a private sanitary sewer treatment system serving three (3) or more lots is accessible, the lot area requirement shall be: Lot area - twenty thousand (20, 000) square feet, however, that where a public water supply or a private water system serving three (3) or more lots this requirement shall be ten thousand (10, 000) square feet, All other lot requirements of the district in which such lots exist shall apply. D. Double Frontage Lots: Buildings on through lots and extending through from street to street shall provide the required front yard on both streets. E. Rear and Side Yards --How Computed: In computing the depth of a rear yard or the width of a side yard where the rear or side yard opens on an alley, one-half (2) of the alley width may be included as a portion of the rear or side yard as the case may be. F. Other Exceptions to Yard Requirements: Every part of a required yard shall be open to the sky unobstructed with any building or structure, except for a permitted accessory building in a rear yard, and except for the ordinary projections of skylights, sills, belt courses, cornices and ' ornamental features projecting not to exceed twenty-four (24) .inches . Residential fences or landscape features such as sculpture or walls may be erected or con- structed on property lines provided no such fence in any front yard exceeds four (4) feet in height and eight (8) feet in height in the case of side or rear yards. In "C-2" & "C-3" Commercial Districts, signs, overhangs, and marquees may extend over street right-of-way lines provided the erection of such signs, overhangs, and marquees be constructed in accordance with the provisions of the building code. G. An existing open porch may be remodeled or rebuilt to an enclosed non -habitable vestibule entrance -way (which may include closet space) when projecting not more than a the distance of the front yard set -back and extending in width not more than 4 of the width of the residence. H. Special Permit Required: A special permit for the location of any of the follow- ing buildings oruses in any district per- mitted by this ordinance must be obtained from the City Council after public hearing thereon: 1. Any public building erected and used by any department of the city, town- ship, county, state or Federal govern- ment. 2. Public and parochial schools . 3. Hospitals, non-profit fraternal insti- tutions pi -evicted they are used solely for fraternal purposes, and institutions of an educational, religious, philan- thropic or eleemosynary character, pro- vided that the building shall be set back from all yard lines a distance of not less than two (2) feet for each foot of building height. 4. Community building or recreation field. 5. Public cemetery. (Minimum thirty (30) acres) 31 Before issuance of any special permit for any of the above buildings or uses the City Council shall refer the -proposed application to the City Zoning Commission, which shall be given forty-five (45) days in which to make a report regarding the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities and other matters pertaining to the general welfare. No action shall be taken upon any -application for a proposed building or use above referred to until and unless the report of the Zoning Commission has been filed, provided, however that if no report is received from the Zoning Commission within forty-five (45) days, it shall be assumed that approval of the appli- cation has been given by the said Commission. I. Where lot area frontage and yard requirements of this ordinance conflict with requirements establish- ed by Official Urban Renewal Plans adopted prior to the effective date of this ordinance, the regulations contained in the Official Urban Renewal Plan shall roply. PART XXIII Board of Adjustment 2A-49 APPOINTMENT -MEMBERSHIP. A Board of Adjustment is hereby established which shall consist of five (5) members each to ap- pointed for a term of five (5) yenrs. Members shall b;removable for cause by the appoint- ing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. 2A-50 RULES-MEETINGS-GENERAI, PROCEDURE. The board shall adopt rules in accordance with the provisions of this ordinance. Meetings of the board shall be held at the call of the chairman and at such other times as the hoard may determine. Such chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each que;tion, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. Hong GOOK it I. naGE O;a 2A-51 JURISDICTION -POWERS. The board shall have the following powers and duties. A. The board of adjustment may in appro- priate cases and subject to appropriate conditions and safeguards make special exceptions to the terms of the ordinances in harmony with its gen eral purpose and intent. Any property owner aggrieved by the provisions of this ordinance o any regulations or restrictions thereunder may petition the said board of adjustment direct to modify said regulations and restrictions as app- lied to such property owner and the following rules shall apply: 1. The board of adjustment shall have a public hearing on said petition under the same terms and conditions as hereinafter provided for the hearing of appeals by the board of adjustment. 2. The board of adjustment in making any exception to the ordinance shall be guided by the general rule that the exceptions shall by their design, construction, and operation adequately safeguard the health, safety, and wel- fare of the occupants of adjoining and surrounding property, shall not impair an adequate supply of light and air to adjacent property, shall not increase congestion in the public streets, shall not increase public danger of fire and safety and shall not diminish or impair established property values in surround- ing areas. 3. The board of adjustment is specifically authorized to permit erec- tion and use of a building or the use of premises or vary the height and area regulations in any location for a public service corporation for public utility purposes or for purposes of public communication, including the distri- bution of newspapers, which the board determines reasonably necessary for public convenience or welfare. 4 . The board of adjustment is specifically authorized to permit the extension of a district where the boundary line of a district divides a lot in a single ownership as shown of record or by existing contract or purchase at the time of the passage of this Ordinance, but in no case shall extension of the district boundary line exceed forty (40) feet in any direc- tion. 32 B . To hear and decide appeals where it is alleged there is an error in any order, requirements, decision, or determination made by the Building Official in the enforcement of this Ordinance. C. To authorize upon appeal in specific cases such variance from the terms of the ordi- nance as will not be contrary to the public inter- est, where owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. Special con- ditions shall include but not be limited to a property owner who can show that his pro- perty was acquired in good faith and where by reason of exceptional narrowness, shallow- ness, or shape of a specific piece of property, or where by reason of exceptional topographical conditions or other extraordinary or exceptional situations the strict application of the terms of this Ordinance actually prohibits the use of his property in a manner reasonably similar to that of other property in the district. 2A-52 APPEALS. Appeals to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the City of Waterloo affected by any decision of the Building Official. Such appeal shall be taken within a reasonable time as provided by the rules of the board by filing with the Building Official and with the Board of Adjust- ment a notice of appeal specifying the grounds thereof. The Building Official shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from is taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Official certifies to the Board, after notice of appeal shall have been filed with him, that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case pro- ceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on appli- cation of notice to the Building Official, and on due cause shown. fl r 1 I] u u The board of adjustment shall give a reasonable time for the hearing on the appeal, give public notice thereof and decide the same within a reasonable time. At the hearing any party may appear in person or by agent, or by attorney. Before an appeal is filed with the board of adjustment, the appellant shall pay to the City Treasurer to be credited to the general fund of the City of Waterloo the cost of publishing said notice and the administrative costs of said appeal as determined by the board. In exercising the above -mentioned powers, the board may, in conformity with the pro- visions of law, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination as it believes proper, and to:.that end shall have all the powers of the Building Official. The con- curring vote of three of the members of the Board shall be necessary to reverse any order, requirement, decision, or deter- mination of the Building Official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance; provided, however, that the action of the Board shall not be- come effective until after the resolution of the board, setting forth the full reason for its decision and the vote of each member participating therein, has been spread upon the minutes. Such resolution, immediately following the board's final decision, shall be filed in the office of the board, and shall be open to public inspection , PART XXIV Occupancy Permits 2A- 53 OCCUPANCY PERMITS. No land shall be occupied or used, and no building hereafter erected or structurally altered shall be occupied or used in whole or in part for any purpose what- soever, until a certificate is issued by the Building Official, stating that the building and use comply with the provisions of this Ordinance and the building and health Ordinances of the City of Waterloo. No change of use shall be made in any building or part thereof, now or hereafter erected or structurally altered, without a permit being issued therefor by the Building Official. No permit shall be issued to make a change unless the changes are in conformity with the provisions of this Ordinance. Nothing in this part shall prevent the contin- uance of a non -conforming use as hereinbefore authorized, unless a discontinuance is necessary for the safety of life or property. 33 Certificates for occupancy and compliance shall be applied for coincidentally with the application for a building permit, and shall be issued within ten (10) days after the lawful erection or alter- ation of the building is completed. A record of all certificates shall be kept on file in the office of the Building Official, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected. No permit for excavation for, or the erection or alteration of any building shall .be issued before the application has been made for certificate of occupancy and compliance, and no building or premises shall be occupied until that certificate and permit is issued. A certificate of occupancy shall be required of all nonconforming uses. Application for certifi- cate of occupancy for nonconforming uses shall be filed within twelve (12) months from the effective date of this Ordinance, accompanied by affidavits of proof that such non --conforming use was not established in violation of Ordinance No . 1734 or amendments thereto. PART XXV Plats 2A-54 PLATS. Each application for a building permit shall be accompanied by a plat in dupli- cate drawn to scale, showing the actual dimen- sions of the lot to be built upon, the size, shape and location of the building to be erected and such other information as may be necessary to provide for the enforcement of this Ordinance. A record of application and plats shall be kept in the office of the inspector of buildings. PART XXVI Amendments 2A-55 AMENDMENTS. The City Council, may from time to time, on its own action or on peti- tion, after public notice and hearings as pro- vided by law, and after report by the Zoning Commission, amend, supplement, or change the boundaries or regulations herein or sub- sequently established, and such amendment shall not become effective except by the favor- able vote of a majority of all the members of the City Council. R0011 1101_ nz t :r� � ll • NA 18 Whenever any person, firm or corporation desires that any amendment, or change be made in this Ordinance as to any property in the city, and there -shall be presented to the Council a petition requesting such change or amendment and clearly describing the property and its boundaries as to which the change or amendment is desired, duly signed by the owners of fifty (50) per cent of the area of all real estate included within the bound - aries of said tract as described in said petition. A plat shall be submitted showing the name and address of the owners of record as found in the County Assessor's records of all property lying within two hundred fifty (20) feet of the boun- daries of the proposed property to be rezoned The Zoning Commission shall upon receipt of said petition and plat notify by mail all parties concerned as shown on said plat of a hearing to be held by said Commission. The notice of hear- ing shall be mailed at least ten (10) days prior to the hearing and shall contain a description of the proposed property to be rezoned and the present and proposed zoning classification, The Zoning Commission may upon the unanimous approval of members present at a regular meet ing suspend the above hearing requirement and initiate the rezoning request. In case the proposed amendment, supplement or change be disapproved by the Zoning Commissios, or a protest be presented duly signed by the owners of twenty (20) per cent or more either of the area of the lots included in such proposed change, or,of those immediately adjacent in the rear thereof, extending the depth of one lot or not to exceed two hundred (200) feet therefrom, or of those directly opposite thereto, extending the depth of one lot or not to exceed two hundred (200) feet from the stre �t frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of at least three fourths of all the members of the Council. Whenever any petition for an amendment, supplement or change of the zoning or regulations herein contained or subsequently established shall have been denied by the City Council, then no new petition covering the same property or the same property and additional property shall be filed with or considered by the City Council until six (6) months shall have elapsed from the date of the filing of the first petition. The zoning district classification of each lot, tract or parcel of land hereafter rezoned to a less restrictive classification as herein provided shall after a period of two (2) years revert to the zoning district classification as established at the date of passage of this Ordinance unless an application for an occupancy permit and building permit has been approved and construction has commenced and is being done in an orderly and progressive manner without undue delay indicat- ing good faith to complete such construction. 34 Before any action shall be taken as provided in this part, the party or parties proposing or rec- commending a change in the district regulations or district boundaries shall deposit with the City Treasurer the sum of twenty-five dollars ($25) 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 en- acted into law. Publication of the legal description of the pro- perty or properties zoned or rezoned shall con- stitute an official amendment to the Official Zoning Map; and, as such, said map or portion of said map need not b e published. PART XXVII Violation, Penalties, & Enforcement 2A-56 VIOLATION AND PENALTIES. Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance upon conviction shall be fined not more than one hundred dollars ($100) for each offense. Each day that a violation is permitted to exist constitutes a separate offense. The Building Official is hereby designated and ordered to en- force this Ordinance. 2A-57 ENFORCEMENT. In case any building or structure is erected, constructed, reconstruct- ed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this Ordinance, the Building Official, in addition to other remedies, shall institute any proper action or proceedings in the name of the City of Waterloo, Iowa, to prevent such unlawful erection, construction, recon- struction, alteration, repair, conversion, main- tenance, or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct business or use in or about said premises. PART XXVIII Validity 2A- 58 VALIDITY. Should any section or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of the Orlinance as a whole or any part thereof, other than the part so declared to be invalid. Passed and adopted this Third day of February, 1969. Attest: es R. Wilson, City Clerk Llo , L . Turner, Mayor Passed first reading on January 20, 1969 Passed second reading on January 27, 1969 Passed third reading on February 3, 1969 Adopted on February 3, 1969 Published in the Waterloo Daily Courier on February 7, 1969 y hiders 4 Compare BLACK HAWK COUNTY, IOt� :SS �� Filed for record_e4? (_.19 G _ Pgg-�rlt..... M, and recorded in Pag 2' ;a RAcord r- t?f1t1[! _ R ;f;t e? Gam 37. st 1re 2445 1. HaNVMIONO OMIMOZ ° OM JGMVMI QfI0 i N 144r .4C; LVA re R?1s.1/ P+M1L STATE 4.43RK RIAL.7.0,a.7 WATERLOO DAILY COURIER, Wm rERLOO, IOWA wAY1_ILO a CITY L1tj .si rssAt.. WALA.LR r OROAN ZONING MAP CAL91•ON •ai/D,t • /NCR I. GA7t_S R4Z THURSDAY, FEBRUARY 20, 1969 Page tw nty.ape WATERLOO ZONING MAP ORDINANCE NO. 2479 LEGEND Ar. 1 AGRICULTURAL R•1 ONE FAMILY RESIDENTIAL R-2 TWO FAMILY RESIDENTIAL R-3 MULTIPLE FAMILY RESIDENT 1==1 R-4 MULTIPLE FAMILY RESIDENT swim C-1 NEIGHBORHOOD COMMERCIAL C-2 GENERAL COMMERCIAL C-3 CENTRAL BUSINESS DISTRICT S SHOPPING CENTER M-1 LIGHT INDUSTRIAL M-2 HEAVY INDUSTRIAL M•2,P PLANNED INDUSTRIAL DISTRICT U•1 UNCLASSIFIED R.P PLANNED RESIDENCE DISTRICT WILLOW' s7 SswACi aPJVC pldposiL PLANT C..Nc.Fsia.y AWE Notice is, hereby given that the above map is a true, accurate and complete copy of the official zoning map of Waterloo, Iowa, on file in the office of the City Clerk of the City of Waterloo, Iowa, and a part of ` Ordinance No. 2479 passed and adopted by the Council of the City of Waterloo, Iowa, on February 3, 1969, and published in the Waterloo Daily Courier on February 7, 1960 Janes R. Wilson, City Clerk WATERLOO DAILY OURIERe WATERLOO, IOWA , P441.0.114-~111.4.41.4.04,11.44.04 .204111,441P41#4,414041 Legal ORDINANCE NO. 2479 A ZONING ORDINANCE TO REGU- LATE AND RESTRICT THE LOCATION AND USE OP BUILDINGS, STRUC- TURES, AND LAND FOR TRADE, IN- DUSTRY, RESIDENCE, OR OTHER PUR- POSE, IN THE CITY OF WATERLOO, IOWA; TO REGULATE AND RESTRICT THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE PROPORTION OF LOT THAT MAY BE OCCUPIED, THE SIZE OF YARDS, COURTS, AND OTHER OPEN SPACES, AND THE DENSITY OF POPULATION; TO PROVIDE A METH- OD OF ENFORCEMENT AND ADMINIS- TRATION OF THE REGULATIONS HEREOF; TO PRESCRIBE PENALTIES FOR THE VIOLATION OF THE PROVI- SIONS HEREOF; AND REPEALING OR- DINANCE NO. 1734 AND ALL AMEND- MENTS THERETO, AND ALL ORDI- NANCES OR PARTS OR SECTIONS OF OF ORDINANCES IN CONFLICT HERE- WITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATER- LOO, IOWA: Section 1. That Ordinance No. 1734 and all (amendments thereto, and all ordinanc- es or parts or sections of ordinances in conflict herewith, of the City of Waterloo, Iowa, be ond the same are hereby, re- pealed in their entirety and the following zoning ordinance is enacted in lieu there- of. PART I 2A-1 TITLE, This ordinance shall be known and may be cited and referred to as the "Zoning Ordinance" of the City of Waterloo, Iowa. PART II 2A-2 INTERPRETATION OF STAND- ARDS, in their interpretation and appli- cation, Me provisions of this ordinance shall be held to be minimum require. ments, Where this ordinance imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinances, the provisions of this ordinance shall con- trol. PART III 2A-3 DEFINITIONS. For the purpose cif this ordinance certain terms and words are hereby defined. Words used in the present "tense shall include the future, the singuler number shall Include the plural and the plural number includes the singulars the word "shall" is mandatory, the word "may" is permissive; the word 'Verson' includes a firm, association, or- ganization, partnership, trust, company, or corporation as well as an individual; the weedsee'used" or "occupied" include the words intended, designed, or arranged to be used, or occupied. Acceseory Use or Structure: A use or structure on the same lot with, and of a nature tustomarily incidental and sub- ordinate to the principal use or structure. Alley: A eublic way, other than a street, twenty (20) feet or less in width afford- ing secondary means of emcees to abut- ting property. Apartneent Hotel: A building containing both dwelling units and roaming units, usecf primarily for permanent occupancy. Basement: A story having part but not more than one-half e1/2) of its height be- low grade. A basement is counted as a story for the purpose of height regula- tions. Billboard: "Billboard" as used In thls ordinance shall include all structures re- gardless of the material used in the con- struction of the same, that are erected, maintained or used for public display of posters, painted signs, wall signs, whether the structure be placed on the wall or painted on the wall itself, pictures or oth- er pictorial reading matter which adver- tise a business or attraction which is not carried on or manufactured in or upon the premises upon which said signs or billboards are located. Boarding House: A building other than a hotel, where for compensation, meals Dr lodging and meek are provided for three (3) or more` persons. 'Building: Any structure designed or in- tended for the support, enclosure, shelter or protection of persons, animals or prop- erty, but not including signs or 'billboards. Building, Height of: The vertical' dis- tance from the grade to the highest point of the coping of a flat roof, or to the deck line of a .mansard roof, or to the everage height of the' highest gable of a pitch or hip roof. Carport: A roofed structure providing space for the parking of motor vehicles and enclosed on not more than two sides. For the purposes of this ordinance a tar - port attached to a principal building,shall be considered as part of the principal Ibuilding and sublect to all yard require- menCefIslaP:erTehinat portion of a building hay- ing more than oneshalf e1/2) of its height below grade. A cellar ts not Included in computing the number of Stories for the purpose of height measurement. Clinics: A building or buildings used by physicians and/or dentists, osteopaths, chiropractors' and allied professions for out patient care of persons requiring such professional service. Day Nursery or Nursery 'School: Any private ...agency institution, establishment or place which provides supplemental parental care and/or educational work, other than lodging overnight, for six (6) sr more unrelated children of pre-school age, for compensation. Dwelling: Any !building or portion there- of which is designed or used exclusively for residential purposes but not including a tent, cabin, trailer or mobile home. Dwelling, Single -Family: A detached res- idence designed for or occupied by one family only. Dwelling, Two -Family: A residence de- signed for or occupied by two ,(2) fami- lies only, 'with separate housekeeping and cooking facilities for each. Dwelling, Multiple: A residence designed for or occupied by three 13) or more fam- ilies with separate housekeeping and cook- ing facilities for each. ,Condominium: A multiple (iiwelling as defined herein whereby the fee title to each dwelling unit is held in- Jependently of the others. Dwelling, Row: Any one of three or more attached dwellings in et continuous row, each' such dwelling designed and yected as a unit on a separate lot and •ieparated from one another by an ap- proved wall or walls. Dwelling Unit: A room or group of reams which are arranged, designed or ased as living quarters for the occupancy ,rf one family containing bathroom and/or kitchen facilities. Family: One or more persons occupy- ing ° single dwelling unit, provided that inless ail members are related by blood, marriage, or adoption, no such family shall contain over four (4) persons. Floor Area Ratio: The gross floor area of all 'buildings on a lot divided by the lot area on which the building or build- ings are located. Foster 'Child Care: Care and education of not more than five ee) children unre- lated to the residents by blood or adop- tion. Geroge, Private: An enclosed structure ntended for and used for the parking of Ilse private motor vehicles of the fami- lies resident upon the premises. Gas Station: Any building or premises ised for the retail sole of liquefied j,aetroleum products for the propulsion of motor vehicles and may include such products us kerosene, fuel oil, packaged naptha, lubricants, tires, batteries, anti- freeze, motor vehicle accessories, and ,rther items customarily associated wlth he sale of such products; for the ren. tering .of services and making of adjust- nents and replacements to motor vehicles, and the washing, waxing, and polishing af motor vehicles, as incidental to other services rendered; and the making of re- pairs to motor vehicles except those of a major type. Repairs of a major type are defined to be spray painting, body, fender, clutch, transmission, differential, axle, spring, and frame repairs; major iverhauling of engines requiring the re- noval of engine cylinder head or crank- :ase pan; repairs to radiators requiring the removal thereof; or complete recap- eng or retreading of tires. Home Occupation: A secondary use cars led on entirely within the residence where here is no evidence of such occupation aeing conducted on the premises by vir- Flue of signs, displays, noise, odors, elec- trical disturbances, or traffic generation, and where not rnore than one half (1/2) the floor orea of any one floor Is devoted to s' ch use. Hotel: A building in which lodging is arovided and offered to the public for 7ompensation, and which is open to tran- ;lent guests, in contradistinction to a aoarding house or rooming house. funk Yord: Any area where waste, dis- mrded or salvaged moterials are bought, ,old, exchanged, baled or packed, dis- essemblee. kept, stored or handled. in - eliding house wrecking yards, used lum- ear yards and places or yards for stor- ige of solvaged house wrecking and struc- ural steef materials and equipment; but tot including areas where such uses are .onducted entirely within a completely inclosed building, and not including auto- ecbile, tractor or machinery wrecking md used parts yards, and the processing if used, discarded or selvaged materials ort of manufacturing operations -and lot including contractors storage yards. Kennel, 'Dog: Any premises on which four or more dogs, six months old or olci ee are kept. Lot: For the purposes oF this ordinance, a lot is a parcel of land of at leost suf- icient size to meet minimum zoning re- quirements for use, coverage and areo to provide such yards and other open pace as are herein required. Such lot hall have frontage on o public street or ,rivate street and may consist of: (a) A single lot of record; (b) A portion of a lot of record; (c) A combination of corn- niete lots of record; of complete lots of record and portions of lots of record; or of portions of lots of record; and (d) A parcel of land described by metes cared bounds; provided that in no case of di- vision or combination shall any resi- lual .1of or parcel be created` which does 'dnot meet the requirements of this ordin- once, Lot, corner: A lot abutting upon two (2) or more streets at their intersection. Lot, depth: The meon horizontal dis- tance between the front and rear lot lines. Lot, double frontage: A lot having a frontage on two (2) non -intersecting streets, as distinguished from a corner lot. tot, interior: A lot other than a corner lot. Lot, lines: The lines bounding a lot. Lot of Record: A lot which is a part of a subdivision recorded in the office of the county recorder of Black Hawk Coun- ty, or a lot or parcel described by metes and bounds, the description of which has been so recorded. Lot width: The width of a lot measured at the building line and at right angles to'its depth. Lot, reversed frontage: A corner lot, the side street line of Which is substan- tially a continuation of the front line of the first platted lot to its rear, Mobile home: Any vehicle which at any time was used or maintained for use as a conveyance upon highways or public streets, or waterways; so designed and so constructed as to permit occu- pancy thereof as a dwelling unit or sleep- ing place for one or more persons wheth- er attached or unattached to a permanent foundation. Nothing in this ordinance shall be construed as permitting for occupancy a mobile home in other than an approved mobile borne park. Mobile Home Park or Trailer Park: Any lot or portion of a lot upon which two or more mobile homes or trailers oc- cupied for dwelling or sleeping purposes are located regardless of whether or not a charge is made for such accommoda- tions. Nursing or Convalescent Home: A build- ing or structure having acconernodations and where care is provided for Invalid, infirm, aged, convalescent, or physically disabled or iniured persons, not including insane and other mental cases, inebriate, or .contagious cases. Principal Use: The main use of land or structures as distinguished from an ac- cessory use. Parking Space: An area of not less than one hundred eighty 1180) square feet plus' necessary maneuvering space for the parking of a motor vehicle. Space for maneuvering, incidental to parking or un- parking, sholl not encroach upon any pub- lic right-of-way. Parking spaces for other than residential use shall be dust -free surfaces. Porch, Unenclosed: roofed projection which has no ,more than fifty 150) per cent of each outside wall area enclosed by a building or siding material other than meshed screens, Rooming House: A building where a room or rooms are provided for-compea- sation to three (3) or more persons. Sign, Exterior: A sign which directs at- tention to a businese, profession, service, product or actiVity sold or offered epon the premises where such sign is located. An ekterior sign is a sign attached fiat against a building or structure, or protect- ing out from a building or structure or erected upon the roof of a building -or structure. Sign, free standing or post: Any sign erected or affixed in a rigid manner to any pole or post, and which carries any advertisement strictly incidental and sub- ordinate to a lawful use of the premises on which it Is located, including signs, or sign devices indicatine the ,business transacted, services re- -ed or goods sold or produced on th- mises by an occupant thereof. Story: That portion of e _oilding includ- ed between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling or roof next above it. Story, half: A space under a sloping roof which has the line of intersection of roof decking and even face not more than four (4) feet above the top floor level. Street Line: The right-of-way line of a steeet. Street, private: Any private way isventy (za) feet or more in width which shall be approved by the City Council after recommendation by the City Pign Com- . . mission. Street,,public: Any theroughfare er pub- lic way not less than thirty e30) feet' in widths which has been dedicated to the public or deeded to the City for street purposes; and also ony such public way as may be created after enactment of this ordinance, provided it is forty (40) feet or more in width. - Structural alterations: Any replacement or changes In the- type of construction of in the supporting members of a building, such as bearing wails or partitions, col- umns, 'beoms or girders, beyond ordinary repairs and maintenance. Structure: Anything constructed oi erected with. a fixed location on the ground, or attached to something 'having a fixed location on the ground, Arnong other things, structires Include buildings, .mebile homes, billboards and poster pan- els. Trailer 'Park: See "Mobile 'Horne Park," Yard: An open space on the same lot with a building Or Structure unoccupied and unobstructed by any portion of a structure from thirty 130) inches above the general ground level of the graded lot upward. In measuring a yard far the purpose of determining the depth of a front yard or the depth of a rear yard, the least distrince between the lot line and the main building shall be used. In measuring a yard for the purpose of de- termining the width of a side yard, the least distance between the lot line and nearest permitted building shall be used. Yard, front: A yard ,extending across the full width of the lot ond measured 'between the front lot line and the building or any proiection thereof, other than the projection of the usual steps or unen- closed porches. Yard, rear: A yard extending across the full width of lot and measured be- tween the rear lot line and, the building or any proiections other than steps, un- enclosed 'balconies or unericlosecf porches. On both corner lots and interior lots the opposite end of lot from the front yard. Yard, side: A yard extending from the front yard to the rear yard and meas- ured between the side lot lines and the nearest building. PART IV, District and Boundaries Thereof 2A-4 CLASSIFICATION. In order to classify, regulate and restrict the location of trades and industries, and the location of buildings designed for specified uses, to regulate and Orbit the height, ond bulk of buildings hereafter erected or altered, to regulate and limit the intensity of the use of lot areas and to regulate and de- termine the area of yards, courts, and other open spaces within and surrounding such buildings, the City of Weterloo, Iowa is hereby divided into fourteen 114) classes of districts. The use, height and area regulations are uniform in each class of district, and said districts shall be known as: "A-1" Agricultural 'District "R-1'' One & Two Family 'Residence District "R-2" One 8, Two 'Family Residence District "R-3" Multiple Residence District "R-4" Multiple Residence District "S-1" Shopping Center "C-1" Commercial District "C-2" Commercial !District "C-3" Commercial District "M-1" Light Industrial District . "M-2" Heavy Industrial District "M-2,P" Planned industrial Vetted "U-1" Unclassified • "R-P" Planned Residence District (1) 2A-5 'BOUNDARIES. The boundaries of these districts are indiceted upon the Zone ing Map of the City of Waterloo, Iowa, which map is made a part of this Ordi- nance by reference, The said Zoning Mep of the City of Waterloo, Iowa, and all the notations, references and other mat- ters shown thereon shall be as much a part of this ordinance as if the notations, references and other matters set forth by said map were elf fully described herein. The said Zoning Mop is on file in the office of the City Clerk, at the City Hall of the City of Waterloo, Iowa, Where uncertainty exists with respect to the 'boundaries of the various districts as shown on the map accompanying and made a part of this ordinance, the fol- lowing rules apply: The district boundaries are either street lines or alley lines unless otherwise shown, and where the districts designated on the map accompanying and rnade a part of this ordinance are bounded ap- proximately by street lines or alley lines, the street lines or alley lines shall be construed to be the boundary of the dis- trict. (1) The "R-P" District Is in coniunc- Non with other Residential 'Districts, le, R-1 (R-P), R-2 (R-P), R-3 ,(1R-P) and R-4 (R-P). In unsubdivided property, the district boundary lines on the map accompanying and made a part of this Ordinance shall be determined by use of the scale appeor- ing on the map. 2A-6 FUTURE ANNEXATION OF TER- RITORY. All territory which may here- after be annexed to the City of Waterloo, IMO, shall automatically be classed' as lying in the A-1 Agricultural District until such classification shall .have been changed by an amendment to the Zoning Ordinance, as provided by law. PART V General Regulations , 2A-7--GENERAL REGULATIONS. Conformance Required, Except cis here- inafter specified, no 'building or structure shall be erecter', converted, enforged, re- constructed or structurally altered, nor shall any building or land oe • used. welch does not comply witle all of the district regulations established by this Ordinance for the district in which the building or land is located. Continuing Existing Uses. The use of a building existing at the time of the enactment of this Ordinance may be con- tinued even thougn such use may not conform with the regulations of this Ordi- nance for the district in which it is located. Any use in existence at the adop- tion hereof whkh was not an authorized "nooconforrning use" under previous zon, ing ordinances shall not be authorized to continue as a nonconforming use pureuant to this Ordinance, or amendments thereto. Nonconforming Uses or Buildings in any "A'' "Re" or "U" District. No existing building or premises devoted .to a use not permitted by this Ordinance in a Res- idence District in which such betiding or premises is located, except wben required by law, shall be enlarged, extended, re- constructed, substituted or structurally al- tered, unless the use thereof is changed to a use permitted in the district in which such building or premises' is located, ex- cept as follows: " .A. Substitution: If no structural cetera- btiuoinkisinagremomaydeb,eac,hnooringceodnfotormainngothuesre iloof ne. conforming use 'of the some or, of a more restricted elassification. Whenever a nonconforming Use has been changed to a more restricted use or td a conform- ing use, such use shall not thereafter be changed to o less restricted use. B. Discontinuonce: In the event that a nonconforming use of any building or premises is discontinued for a period of one 11) year, the use of the same shall conform thereafter to the uses permitted in the district in which it is located. Re- placing Damaged Buildings: Any noncons forming building or structure damaged more than sixty (60) per tent of its re- placement value exclusive of the founda- tions at the time of damage by fire, flood, explosion, war, riot, or Act of God, shall not be restored or reconstructed and used as before such happening; but if less than sixty (60) per cent dcrmaged above the foundation, It may be restored, re- constructed or used os before provided that it be done within six .(6) ,months of such happening, and be built of like or similar materialse, Nonconforrning Uses or ,Buildings in rmy District other than on "A," "R," or "U" District. A. Structural Altenatioris and 'Enlarge- ments. Any built/Mg in tiny district" other than an "R" District devoted to a use mride nonconforming by this Ordinance may be structurally offered or enlarged in conformity with the lot area, the lot frontage, yard, and height requirements of the District in which situated, provid- ed such construction shall be limited to buildings ,on lend owned of record by the owner of the land devoted to the non- ceniorming Use prior to the effective date of this Ordinance. In tee event of such structrirat alteration or enlargement of buildings, the premises Involved maee not be used for 'any noriconforming use other than the uee existing on the effective date of this. Ordinance, other provisions of this Ordinance notwithstanding. B. Discontinuance. In the event that a ponconforming use of any 'building or peemises is discontinued for a period of one (1) year, the use of the same shall conform thereafter to the uses permitted in the district welch it is located. C. Replacipg Damaged Buildings. Any nonconforming 'building or structure dam- aged more than sixty (60) per cent of its replacement value exclusive of the foun- dations at the time of damage by fire, flood, explosion, war, riot, or Act of God, shall not be -restored or reconstructed and used cis belore such happening, but if less than sixty (60) per cent damaged above the foundation, it may be restored, reconstructed, or used as before provided that it be started within six (6) months of such happening, and be built of like or similar materials. D. Street Frontage Required, Except as permitted in Part XXII of this Ordincince no lot shall contain any building used in whole' be in pert for residence purpotes unless such lot abuts for at least forty (40) 'feet On at least one street, or unless it hos an exctusive unobstructed private easement of access or' rigter-of-vvay of at least twenty -120) feet wide to a street, and there shall be not more than one (1) single .family dwelling for such -frontage or easement, except that a common ease- ment of access at least fifty (50) feet wide may be, provided for two 12) or more seen single fondly devellings or for one Ile or More two family or multiple dwellings. E. AcceSsory Buildiegs. No accessary buffeting shell be erected in anY reqUired court, or front yard: Attessoey buildings shall be distent at lebst five 15) feet fronr. atley 'lees gnd ot least five (S) feet from tot lines of adloining lots which are •in any "R" District, excePt that accessory buildings constructed in the rear sbcty 160) per cent of' the 'Iot may be erected two (2) feet from interior lot lines, and on a corner lot they shall conform to the -set-back regelations on the side street. Acceesory buildings; ex- cept stables, May be eretted as 'a part of the principal building, or, if at least six J(15) feet therefrom, may be connected thereto by a .breeze.vay or similor strucs Jure, provided oil yard requirements for a principal building are complied With^ An accessory ,building which is not a part of the Main 'building shall net 0e- cupy more' than thirty 130) per cent ehe rear yard and shall not exceed- twelve (12) feet, In 'height; 'llowevee, this regulation shall `not be interpreted to 'Prohibit the construction of a four hundred forty (440) square foot garage on a minimilm rear yard. F. Corner tots. for 'corner lots, platted after the effective date of this Ordinance, the street side yard shall be equal in width to fifty (50) per cent of the setback regulation of the lots,to the reor having frontage on the intersecting street. G. On corner lots platted and of record at ;the time of, the effective dote of this Ordinance, the side yard, regulation shall apply to the eonger street side of The lot except in the case of reverse frontage where the corner lot faces ari intersec- tion street. in this case there shall be a side yard on the longer street side of the corner lot Of not less than fifty 450) per' cent of the setbdck required on the lots to the reae of tuth corner lot, and no accessory building on' said corner lot shall project beyond the setback line of the lots In the rear; provided further that this regulation shall not be so inter- preted as to reduce the buildable ,w1dth of the corner lot facing son intersecting street and of record pi' os shown by existing contract of purchase at the time of the effeetive date of this 'Ordinance, to less than tvventyseight 128) feet nor to prohibit the erection of an accessory bul-411.dinOgn corner lots, frontage may be considered On either street provided that if front and rear yards ore parallel to the lot line having the longer dimension then setbacks along both streets shall conform to the front yard requirement of the district in which it is located. I. Front Yard, In any, "R" District there shall be a minimum front yard re- geired as Stated In the yard requireneentS 'for that particular 'district; provided, however, that where lots comprising thirty (30) per cent or more of the frontage within two hundred (200) feet of either side lot line ore developed with buildings at a greater -setback, the front yard set- back shall be the average of "hese build- ing setbacks, and the minimum setback's required for the undeveloped lots. In corn - Outing the average setback, buildingt lo- cated on reversed corner lots or entirele on the rear belt of lots. shall not bet counted. The required setback as tom- puted herein need not exceed fifty (50) feet In any case. J. Required Yard Cannot Be Reduced. No lot shall be reduced in area so as to make any ygrd or any other open space less than the minimum required by this' Ordinance- No part of a yard or ether open space provided erbout anY building , or structure for the -purpose Of complying:With the provisions of this Ordinance shell be included os part' ofbe yard or other open space required under Ordintince for another building or structure. Off-street parking and loading areas may occupy all or part of any re- quired yard or open space except as otherwise specified In this Ordinance. K. Building Lines on Approved .Plats. Whenever the plat of a land subdivision on record In the office of the County re- corder thews a setback building line along any frontage for the purpose 'of creating a front yard or side street yard line, the building line thus Shown shall apply along such frentage in place of any other yard 'line reqUired in this Ordin- ance unless specific yard requirements in this Ordinance require a greater set- back. L. Pending Applications for Building Permits. Nothing herein contained shall require ony change In the overall lay- out, plans, construction, site or designat- ed use of any building, Or part thereof, for which approVals and eequired build- ing permits have lbeen granted before the enactment of this Ordinance, the construction of Which conformably with such plans shall have been started prior to the effective date of this Ordinance ond completion thereof carried ori in a normal manner and not discontinued for reasons ether than those .beyond the builder's control. PART VI "A-1" Agricultural Direrict 2A-8 REGULATIONS. The regulations set forth in Iles port ond those contathed in Part V shall OPplY in the "A-1" Agri- cultural District. A. Principal Permitted Uses, 1. Agricultural and the usual agricul- tural buildings and' structures. 2. Truck gardening and nurseries, pro- vided that no permanent dwelling units shall be erected thereon' un- less the tract contains three (3) or - more acres. 3. Specialized poultry, pigeon, rabbit and other animal farme, but not in- cluding the feeding or disposal of community or collected garbage. 4. Riding stables, 5, Grain elevators with usual, access- ory structures and the seasonal storaoe of coal whenever on or 'ad- jacent to and not more than: one - hundred MX)) feet from o railway right-of-way. * : 6. Mining ,and extraction of mineral's or raw material, subiect to approv- al by the City Council. , 7. Airports, and iondieg. fields, 8. Forest end torestry, 9. Parks, praygrounds, golf cefirses, both public and private, and recrea- tional uses. le, Arty use erecid Or maintained by a emency. 11. Public utility structures and equip- ment ntecessary for else operation thereof. .. '12. Transmitting .etatIons. B. Accessory Uses. 1. Accessory buildings- and uses cuss -tomarily- incidential, to any of =the above &fees-. 2.eBulletin boards ond 'signs. °peer- , kilning to the lease, hire, or sale Lot Lot Area Use Lot Area Width Per Family Dwellings a acres 3 acres Other permitted uses al) The front yard deeth ef tiny lot abutting on a "Major Street" shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan. PART Vil "R-1" Residence District 2A-11 'REGULATIONS. The regulations set forth in this part and the regjuleitions con- tained in Part V shall apply In the "R-1" Residence Distrid. A. 'Principal Permitted Uses: I. One and two family dwellings. 2. Churches and accessory buildings, upon approval of the City Council after recommendation of the City 'Planning Commission. 3. Public and parochial schools, ele- mentary and high, and other educa- tional institutions having an estab- lished current curriculum the same of a bueding or premises, or signs oppertaining to any material that is mined, grown, or treated within the district, provided, however, that such signs shall be located upon or immedlotely adjacent to the build- ing or in the area in which such materials are treated, processed, or stored. Least Minimum Rear Front Width on Sum of Yard Yard Any One Both Side Depths Depths Side Yards Same as specified in the "R-1" District SO ft. 50 ft. 100 ft. 50 fe as ordinarily given in Waterloo pub- lic schools. 4. Private non-commercial recreation- al areas and facilities, swimming pools, institutional or community recreation centers Including country CiUOS and golf courses. Farming and truck gardening, but ' not en a scale that would be ob- noxious to adiacent areas because of noise or odors. B. Accessory Uses: 1. Accessory uses. 2. Temporary buildings for uses Incl. dental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work. 3. One bulletin 'board or sign not ex- ceeding fifty (SO) square feet in areo appertaining to the construe- 2A-13 LOT AREA, FRONTAGE AND YARD REQUIREMENTS. R-1 tA. The following minimum requirements shall be observed, subject to lion 2A-48. Lot Use Lot Area Width One Family !Dwellings 9,003 sq. ft. 75 ft, Two Family Dwellings 10,000 sq. ft. SO ft, Other Permitted Uses: '10,000 sq. ft. SO ft. '(1) The front yard depth of any lot abutting on a lines as shown on the Offtcial Major Street Plan. PART VI I I "R-2" One and Two ,Farnity Residence District 2A-14 REGULATIONS. The regulations set forth this Part, and contained in Para V shall apply in the "R-2" One and Two Family Residence District. A. Principal Permitted Uses: 2A-16 LOT AREA, LOT FRONTAGE AND The following minimum requirements tied requirements contained in Section Lot Use Lot Area Width One Family 7,200 sq. ft. 60 ff. Two 'Family 8,000 sq. ft. 70 fie Other Permitted tises: Seme as specified '(1) The front yard depth of any lot measured from the proposed right-onway Street Plan. 'PART IX "R-3" Multiple Residence District 2A-17 REGULATIONS. The regulations set forth in this part, and contained In PART V shall apply in The "R-3" Multiple Resi- dence District. A. Principal Permitted Uses: 1. Any use permitted in the "R-2' Dis- trict. 2. Multiple dwellings. 3. Boarding and lodging houses. 4. Institutions of a religious, educce 2A-9 HEIGHT REGULATIONS, Any build- ing hereafter erected or structurally altered may be erected to any height not In con- flict with other existing or future ordin- ances of the City of Waterloo. 2A-10 LOT AREA, LOT 'FRONTAGE AND YARD REQUIREMENTS. The followin* minimum requirements shall be observed: lion, lease, hire or sale of a build- ing or premises and sale of land or lots, which board or sign shall be removed as soon as the premises are leased, hired, sold, or construc- tion completed.' 4. Cnurch bulletin boards.- .5, Home occupations, 6. Stables, non-commercial where there exists an area devoted to such pur- poses of twenty thousand 120,000) square feet with an additional ten thousand J(10,000) square feet per animal exceeding two (2) In number housed or tethered and provided further that no structure or build- ing for the stabling of animals or tethering area be closer than fifty (50) feet from the abutting residen- fiat properties. The area devoted to such uses shall be Rept in a clean and sanitary condition. 2A-12 HEIGHT REGULATIONS. No build- ing shall exceed two and one-half (21/2) stories or thirty-five (35) feet in height, and no accessory structure shall exceed one (1) story or twelve (12) feet in height; except as provided in Section 2A_48. the modified requirements contained in See SIDE YARD WIDTHS Least Width on Lot Arta Frees any one Per Family Yard el) side 9,000 sq. ft. 30 ft. 10ee lot width 5.000 sq. ft. 30 ft, 10ee lot width 10,000 sq. ft. 35 ft. 10,e0 lot width "Major Street" shall be to weed ,Rear Yard 'Minirrileril Depths 30 ft. 30 ft. 35 ft. from the `proposed right-of-way 1. Any use permitted in the "Rs1" Residence District, but not includ- ing animal and poultry husbandry 'on any lands used or platted for residential purposes. 2. One and two family dwellings. 3. Alterations and conversions of sin- gle-family dwellings into two fam- YARD REQUIREMENTS R-2 shall be observed, subject to the mode 2A-48 SIDE YARD WIDTH'S Least .Front Width on Rear Aree Yard (1) any one Yord Per Forney. Depths side Depths 7,200 sq. ft. 25 ft. 5 ft. 30 ft. 4,000 sq. ft. 25 ft. S ft. 30 ft. In the "R-I" District. °buffing on a "Major Street" shall be lines as shovvn on the Official Major tional or philanthropic nature, in- cluding libraries. 5. Hospitals, day nurseries, nursing and convalescent homes, excepting animal hospitals and clinics. 6. Private clubs, fraternities, sorori- ties, and lodges, excepting those the principal activity of which is o service custornary carried on cis a business. 7. Mobile home parks ae provided in Sedion 2A-43. 2A-19 LOT AREA, 'LOT 'FRONTAGE AND YARD REQUIREMENTS. subject to the' 'modified requirements -containedin Sectiog 2A-48. R:3 MULTIPLE RESIDENCE oisrm CT: Use One-Fami I y Two -Family ly 11) The front yard depth of any leit lines pas Shown on the Official Major PART X "R-4" Multiple Residence Dished 2A-20 REGULATIONS. The regulations set forth In this pert, and contained in Pert V shall apply. in the "R-4" Multiple ReSi- Permitted Uses: deirNseprteinisctiparicit. I. Any use permitted its the "R-3" District. 2. 'Funeral Homes and Mortuaries. 3. Hotels, rnotels, and outo courts, whict retail shops may be °per - cited for convenience of the occu- pants of the building; provided, however, that there shall be no en- trance to such place of business, except from the inside of the build- ing, nor shall any display of stock or goods fer sale be so arranged that it cart be viewed from the outside of the building. 2A-22 'LOT AREA, LOTIPRONTAGE AND subject to the modified requirements R-4 MULTIPLE RESIDENCE DISTRICT: 'Use One -Family Two -Family Muiti-Family & 0 Permitted Uses: 1 & 11/2 Stories 8,000 sq. ff. 8,000 sq. ft. 2 & 21/2 Stories 8,000 sq. ff. 3 Stories , 4 or .more stories 10,000 sq. ff. Motels & Auto Courts 12) 1 ocre Trailer Park 12) (3) (4) 1 acre 1) The front yard depth of any lot lines as shown on the Official Major 2) All access drives to motel and 3) Above yard requirements for motel 4) Side yard requirements for auto abuts a less restrictive zoning district. Let Area 6,000 sq. ft. 7,200 sq. fe. 'PART XI s'S-1" DISTRICT RE'GULATIONS (Shopping eerner Commercial Distriets) 2A-23 Statement of intent. The "S-1" district is intended to provide fee the develop- ment of shopping centers. For the pur- poses of this section, the term "shopping tenter" shall mean a planned retail and service area under single ownership, management, or control characterized by a concentrated grouping of stores and compatible uses, with various facilities designed to be used in common, such as ingress and egress roads, extensive pork- tng accommodations, etc. Since shopping center developments, whether large or small, have a significant effect upon the Comprehensive Plan for the development of the City, extensive authority over their development is re- tained by the City Council and the City Planning Commission. Many matters re- lating to the shopping center's design, its potential for success 'or failure and its effect upon surrounding neighborhoods must be considered by the Council and Commission in order to reasonably be as- sured thet the area will not eventually be- come blighted. It is further intended that in the event of an applicant's failure to construct a shopping center in accordance with a reasonable time schedule the City CoUncil shall enact the necessary legis- lation to reclassify the area to another classification consistent with the surround- ing neighborhood, in order that the prop- erty will not be sterilized *from use. Such action would also, because of the reduc- tion in commercial zoning in a given area, provide conditions whereby it could be reasonable for the Council to classify other areas in the vicinity for shopping center use. A) Procedures. The owner or owners of pity tract of land comprising on area of not less than five (5) acres may sub- mit to the City Council a plan for the coremercial use and development of such tract for the purposes of meeting the re- quirements of this section. Said plan shall be accompanied by evidence concerning the feasibility of the project and its ef- fects on surreunding property and shall include eace of -the -following: 1. A site plan defining the areas to be developed for buildings, the areas to be developed for parking, the location of sidewalks and driveways and the points of ingress and egress, including access streets where required, the location and height of wails, the location and type of landscaping, and the locaticm, size anti number of signs. 2. An analysis of market conditions in the area to be served, including the types and amount of service needed and general economic justification, 3. A treffic analysis of the vicinify indi- cating the effect Of the proposed shop- ping center on the adiacent streets. 4. A statement of financial responsibil- ity' to assure construction of the seop- ping center, including landscaping, in accordance with the plan and the re- quirements of this section. Said development plan shall be re- fereed to the City Planning Commission for study and for report after isublic hearing. The City Planning Commission shall review the conformity of the pro- posed development with the standards of the Comprehensive Plan, and with recagnized principles of civic design, land use planning, and landscaping architecture. The Commission may ap- prove the plan as submitted or, be- fore approval, may require that the ap- plicant modify, alter, adjust, or amend the plan as the Commission deems necessary to the end that It preserve the intent and purpose of this ordi- nance to promote public heeith, safety, morels, and general welfare. The de- velopment plan as approved by the Commission shall then be reported to the City Council whereupon the City Council may; niter notice and puboc blaring, approve or disepprove seid peen as reported or may- require such cecoaee thereto os it deems neeessery to effectuate the intent enel perpose ref this ordinanee. Won aonreval of the p'an, the City Council shall then -ini- tiote a chonge in zoning of the subject tract of lend in ercordance with the provlsloos of Sec. 55 of this proenorice to the -5-1" District elessification. le) steneeres, Uses oermittee in the "S- 1" District shall include any use nermittee In the "C-3" District and as eimited The following ily dwellings in accordance with the lot area, frontage and yord re- quirements as set forth in this sec- tion. B. Accessory Uses: 1. Any accessory use permitted in the "R-1" District. 2A-15 HEIGHT REGULATIONS. Same as specified in the "R-1" Residence Distries. B. Accessory Uses: 1. Accessory uses 'permitted in the "R-2" District. 2. 'Other accessory uses and struc- tures, not otherwise prohibited, cus- tomarily accessory and Incidental to any permitted principal use, in- cluding an indirectly non -flashing, lighted sign not to exceed one (1) sq. ft. for each five 1,5) feet of frontage of property occupied by the vse in question. 3. Storage garages, where the lot Is occupied by multiple dwelling, hos- pital, or institutional building. 2A-18 HEIGHT REGULATIONS. No prin- cipal building, shall exceed three (3) stories or forty-five 445) feet in beight at the required front, side and rear yard lines, but above the height permitted at seed yard lines, two (2) foot may be added to the height of the building for each one (1) foot that the building or portion thereof is set back from the re- quired yard lines and 'except as further provided in Section 2A-48. minimum requirements elan be observed, fr,ont Rear Lot:Area Yard Yard Per Family Depth II) Side Yard Wid hs Depths 7,200 sq. ft. 25 ft. 5 ft, 30 ft. 4,000 sq. ft. 25 ft. 3 ft. 30 ft. 10,000 sq. ft. 80 ft. 2,500 sq. ff. 30 ft. S ft. 30 ft. abutting on a "Major Street" 5110 I i be measured from the proposed right-of-way Street Plan. 4. Offices such as: Accountants Architects Art Schools Artists Barber Shop Beauty Shop Church Offices Civil Engineers Collection Agency Credit Bureau Dental Offices Entertainment Bureau Insurance Lawyers Medical Offices with Dispensary Nurses Registry 1Psychologists Public Stenographers Lot Lot Area Width 7,200 sq. ft. 60 ff. '8,003 sq. ft. 70 ft. designated uses but subject to re- view ,by the City ,Planning Commis. elan anct approval of the City Coun- cil. S. Tourist Home B. Accessory Uses: I. Accessory uses permiffed in the "R-3" District. 2. Signs for the above permitted uses same as provided in the "R-3" Residence District. 2A-21 HEIGHT REGULATIONS. No build- ings shall exceed three 13) stories or for- ty-five (45) feet In height, at the required front, side and rear yard lines, except two 12) foot may be added to the beight permitted at said yard lines for each one (1) foot that the building or portion theres of is set bock from the required yard ea s lines; and except as further provided in Other uses similar ta the fOregoing Section 2A-48. YARD REQUIREMENTS. The following Minimum requirements shall be Observed, contained in Seethes 2A-48. Lot 'Lot Area Width Per Family 60 ft. 6,000 sq. ft, 60 ft. .3,60(esq. 'ft. Side Yard Widthe S ft. S ft. Least Minimum Width on Sum of Any One 'Both Side Side Yards ront Yard Depths (1) 20 ff. 20 ft. 65 ff. 2,000 sq. ff. for the 20 ft. 5 ft. 10 ff. first 4 units plus 850 65 ft. sq. ft. per unit on ist, 20 ft. 5 ft. 10 ft. 2nd, & 3rd floor and 70 ft. 450 sq. ft. per unit 20ff. 5 ft. 10 ft. 35 ft. above 3rd 80 ft. See See. 2A-18 for yard requirements. 100 ft. 1,500 sq. ff. per unit 25 ft. 20 ft. 40 ft. 40 ft. 100 ft, 3,00) sq. ft. per smit 25ft. 20 ft. 40 ff. 40 ft. abutting on a "Major Street" shall be measured from the proposed right-of-way Street Plan. trailer units shall be allswetither, dustsfree surfacing. and trailer parks apply to total area and not individual units. courts and troller parks may be reduced to ten (10) feet where such court or park *ear Yerrd Depths 30 ft. 30 ft. 35 ff. 3,5 ff. 'this clistrict, pr ovided, TIOWOVer. the Coun- cil may consiler any oddltional restric- tions proposed by the owner. The lot orea, lot frontage, and yard requirements of the "C-2" district shall be considered ireine mum for the "S-1" District; however, it Is expected that these minimums will be exceeded in all but exceptional 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. C) Completion. The Council may make the approval of the shopping center pion contingent upon the completion of con- struction and improvements within a reas- onable period of time, provided, however, that In the determination of such period, the Council seal! consider the scope and magnitude of the project and any sched- ule or timetable submitted by the devel- oper. failure to complete the construction and improvements within said period of time shall be deemed sufficient cause for the Council, in accordance with the pro- visions of Sec. 2A-55 to rezone the sub- iect property to the classification effec- tive at the time of original submission of the shopping center plan unless an exten- sion is recommended by the City Plan Commission and approved by the Council for due cause shown. Any proposed change in the shopping center plan, after ap- proval by the Council, shall be resubmit- ted and considered in the same manner as the original proposal. D) Existing Shopping Centers. Shopping centers in existence at the time of pass- age of this ordinance which are zoned "S-I" by this ordinance shall be consid- ered as having met all of the require- ments of this section. All new construc- tion, additions, enlargements, etc., to structures within these shopping centers shall be in accord with the use end bulk regulations .of the "C-2" District, except in cases where more restrictive controls have been imposed by agreement between the city and the property owners in- volved. PART XII "C-1" Commercial District 2A-24 REGULATIONS. The regulations set forth in this port, and contained in Part V shall apply in the "C-1" Commercial District. For the purpose of this section a "C-1" Commercial District is defined as a com- mercial district adjacent to Residence Dis- tricts In wttich such uses are permitted as are norrnally required for the daily local retail business needs of the resi- dents of the locality only. et. Principal 'Permitted Uses: 1. Any use permitted in the 'R-4" District. 2. Any loco' retail business or serv- ice estaolishment such as the fol- lowing: Animal Hospital 'or Veterinary Clin- ic provided all phases Of the byes nes.s conducted upon the premises be within a building weere nois- es -and odors are not evident to adjacent properfies. Antique Shop Apparel Shop Bakery whose products are sold only 0 retail and only on the premis ts. Financier Institution Barber Shop or Beauty Parlor Bicycle Shop, sales and repair Bookstore Candy Shops where products are sold only at retail and only on the premises. 'Clothes Cleaning end laundry pick- up stetson. Collectiort office of public utility Commercial parking lots for passen- ger vesicles in accordance with the provisions in Section 2A-45 Dairy Ste, e---retalt Dance aneesr music studio Drapery Shop Drug Stew? St,,, tion Florist and Nursery Shop-eretoll Fret one Veaefable Aharket Furniture Seore Gift Shop Grocery real Delicatessen Hardware ',bore Hobby Sive) Household Appliances - sales and repair Ice Storage and dmtributing statien of ent mere than fere (5) ton repecity Jewelry Shop Key Shop Landscape Gardener 'Launderette Locker Plant for storage and retail sales only Music Store 'Paint and Wallpaper Store Post Office Substation Photographic Studio Radio & Television Sales & Service 'Restaurant, Cafe, and Soda Fours. tain Shoe Repair Shops Sporting Goods Tailor Shop Theatres Variety Store 3. Business or professional offices and the like, supplying commodities or performing services primarily for residents of the neighborhood. 4. Outdoor advertising signs and bill- boards in accordance with the pro- visions of Section 2A-47 subject to the following conditions: a. Where the total contiguous area of the "C-1" District in which the proposed outdoor advertising sign or billboard Is to be iocated is less than ten (10) acres in area, exclusive of streets and al- leys, prior recommendation must be obtained from the Planning Commission and approval grant- ed by resolution of the City Couns cll. b. That no outdoor advertising sign or billboard shall be permitted where the rnaiority of buildings in a block are exclusively resi- dences on both sides of the street. B. Accessory Uses: 1. The following accessory uses ore permiffed in a "C-1" District in which the contiguous area of such "C-1" District is ten 110) acres or less. a. Accessory uses permitted in the "Rel" District. b. Any exterior sign shall pertain only to a use conducted within the building and be integral or at- tached thereto. No sign may pro- ject over any street line or ex- tend more than six (6) feet aver any building line whether fixed to the builciing or any other struc- ture. In no ease shall any sign project more than four (4) feet above the roof line, and the total area of ell signs pertaining to the busieess conducted in any building shall not exceed two (2) square feet in area for every foot occupied by the front of the building displaying such sign. Where the lot adjoins an "R" District, the exterior sign evil be attached flat against the build- ing anci shall not face the side of the adjacent lot located in the "R" District; however, this does not apply to the side of the build- ing wisich is opposite that side adjoining the "R" District. c. One "post sign"; provided, how- ever, that said "post sign" shall not have a surface area greater Man forty (40) square feet on any ene side thereof and not more than two (2) sides of said "post sign" snail be used for ad- vertising purposes. The bottom et said post sign or surface area thereof shall not be less than twelve (12) feet above the side- walk or above the surface of the ground upon which it is erected, end the total vertical or horizon- tal dimension of said sign shall not be greater than seven (7) feet. The term "post sign" as herein defined shall not be deemed to include any sign ad- vertising the trade name, mer- chandise or service of any per- son, firm or corporation who pays a consideration for the priv- ilege of placing, maintaining, or usino any portion of said sien to the owner or occupant of the premises upon welch said sign is erected or placer!. Said "post sten" shall net extend over street rieht-ef-way Ilnee nor otherwise olestrurt or impair the safety of Pedestrians or motorists. d, Storege of merrheneise inciden- tel to the orineinol use, but rot te eereed ferte (4^) nee cent of the neer rbeb user! for sue!, use. 2, The following accessory uses are WATERLOO DAILY COURIER, WATERLOO, IOWA FRIDAY, 'FEBRUARY 7, lerneitted in a ' "C-1" District in wnich the contiguous area of such "C-1'' District is more then ten (10) acres in areo. a. Accessory uses permitted in the "R-4" District. b. Any exterior or roof sign, pro- vided such sign shall not project more than sixteen tie) feet above the roof line. c. Storage of rrerchandise inciden- tal to the principal use, but not to exceed forty (40) per cent of the floor area used for such use. 2A-25 HEIGHT REGULATIONS. No build - five (35e feet in height except as °then - wise provided in Section 2A-48. 2A-26 LOT AREA, LOT FRONTAGE AND YARD REQUIREMENTS. A. The following minimum requirements shall be observed, subject to Me modified ing shall exceed two (2) stories or thirty- requirements contained In Section 2A-48. SIDE YARD WIDTHS Least Minimum Rear Yard yForrodn to awni dyt oh noen b soytuahmr ds °isdi e Lot Lot Area Dwellings ., Same as Specified in the "R-4" District Depths Use Lot Area Width Per Family Depths side Motels and Auto Courts Same as specified in the "R-4" District 40 ft 2) Other permitted uses 25 ft. None required except adjoin, ing any "R" Distriet in which case not less than 10 ft. 1) The front yard depth of any lot abutting on a "Major Street" shall be measured from the preposed right-obway lines as shown on the Official Mentor Street Plan. 2) For every additional foot the front yard depth is increased over twenty-five (25) feet, the rear yard mae be de- creased in direct proportion thereto, but in no case shall the rear yard be less than twenty-five (25) feet, PART XIII automobile, tractor, or machinery cating for wholesaling Operations. "C-2" Commercial District wrecking and rebuilding and used 15. Monument sales yard. parts yards. 16. Offices, business end predeSsional. 2A-27 REGULATIONS. The regulations set 4. Ballrooms and dance hails. 17. Outdoor advertising signs In ac- forth in this part, and contained in Port 5. Billiard parlors and pool hallS. cordance with the provisions of Sec- V shall apply in the "C-2" Commercial ton 2A-47. District. 6. Bookbinding. 7. Bovvling alleys, 11. Pet shop, including aquarium& A. Principal ,Permitted Uses: 8. Carpenter and cabinet shop. 19. Plumbing and heating shop. 1. Any use permitted In the "C-1" Dis- 9. Clothes dry cleaning and/or dyeing 20. Printing shops, and not to include Wet. establishments using flammable more than two (2) 12-inch by 18- 2. Animal hospital, veterinary clinic cleaning fluids with a flash paint inch job presses. or kennel; providing an exercising higher than 100 degrees Fahrenheit. 21, Sheet metal shop. runway shall be at least two hun- 10. Commercial baseball fields, swim- 22. Sian painting shop. dred (200) feet from any "R" Dis- ming pools, skating, golf driving 23. Taverns and restaurants. trict and one hundred (100) feet ranges, or similar open air recrea- 24. Trailer parks. from any "C-1" District boUndary. 'Ilona! uses and facilities. 25. Used auto sales lots or any similar 3. Automobile, motOrcycle, trailer and 11. Drive-in eating and drinking estab- use. farm implement establishments for lishments; summer gardens; and road B. Accessory Uses: display, hire and sales (Including houses, Including entertainment and 1. Accessory uses permitted in the sales lots), including as incidental dancing, provided the principal "C-1" District. to these major uses all repair work building is a distance of at least 2. Accessory uses and structures cue - in connection with their own and one hundred (100) feet from any tornarily incidental te any permitted "R" 'District. principal uses. customers' vehicles, but not Includ- ing uses in which the mailer source 12. Laundries. 3. Any exterior or roof sign; ,provid- of revenue is from body and fend- 13. Lawn mower repair shop. • ed welt sign shall not project more er work. In addition, this paragrap 14. Lumber yards, retail, but not in- Than sixteen (16) feet above the eluding any manufcicturing or fatal- roof line. - shall not be construed to include Front SIDE YARD WIDTHS Lot Lot Area Use Lot Area Width Per Family Yard 1) witd"thstan sum of Minimum Depths aneyido:e both side yards deweitingi Motels and AuiP Court Tratier Parks' Other Permitted Uses Rear Yord Depths IS ft. St 30 . 40 ft. None except ad- , jacent to an "R" District, in which case not fess than 10 feet. 1) The frent yard dePth of any lot abuttine on a "Major Street" shoe be measured from the proposed right-of-way !ewe as shown on the Official Mellor Street Plan. 2) Where ail the frontage on one side of the street between two intersecting streets is located in the "C-2" Commercial District, no front yard shall be required unless a front yard setback is required to meet'ci proposed right-onwaY line. Where the frontage on one side of the street betWeen two Intersecting Streets IS located in the "C-2" Commercial District and a "C-I" Commercial' or "R" Residence Districts one-half (1/2) of the front yard requirements of the "C-1" Conernercial or "R" r‘tesidence District ohall apply to the "C-2" Commercial District. Where a lot telocated at the intersection of twO or mere streets, the front yard requirements Stated above shall clieglY to each street side of the corner lot, except that the buildable wid.h of such lot shall not be reduced to lesS than twenty-eight (28) feet. No accessory building Shalt project beyend the front yard line on either street. 3) Where a trailer park has frontage on more than one street the required trent yard'aepth 'shall be rnclintained from all streets. -_ e 4) For every additional foot the front yard depth is increased over twenty-five (25) feet, the rear yard moy be ae- creased In direct proportion thereto, but in no case shall the rear yard be less than twenty-five (25) feet. roof line in any case. For build - Inge less than forty (40) het in height, the maximum height above the roof line for any exterier or roof sign sholi be Sixteen (16) feet. 2A•31 HEIGHT REGULATIONS. No build- ing shalt exceed the aubleal content of a prism having a base equal to the area of the lot and 0 height equal to one hUndred 9. Storage warehouse or business. sixty-five (165) feet or three (3) times 10. Tire shop, including vulcanizing the width of a street on which it faces, and retreadlng. whichever is The greater; provided how- 11. Wholesale Warehouse or business. ever, that a tower not to exceed twenty B. Accessory Uses. (20) per cent of lot area may be con- 1. Accessory uses permitted in the structed without reference to the above limitations. . "C-2" District. 2. Any exterior Or rOof sign the beight 2A-32 LOT AREA, LOT FRONTAGE AND of which shall not exceed ferty (40) YARD REQUIREMENTS. The following per cent of the building height minimum require.ments shall be observed, above the roof line, but not to sublect to the modified requirements con - exceed fifty (50) feet above the tained in Section 2A-48. Same Os specified in the "R-4" District Same as Specified In the "R-4" District 2 acres 100.ft. 1,250 sq. ft. 35 ft. (See foots note 2) 2A-28 HEIGHT REGULATIONS. No build- ing shall exceed three (3) stories or forty- eight (48) feet In height except as other- wise provided in Section 2A-48. 2A-29 LOT AREA, 'LOT 'FRONTAGE AND YARD REQUIREMENTS. The following rninimum requirements shall be observed, subject to the modified requirements con- tained In Seotion 2A-48. . PART XIV "C-3" Commercial District 2A-30 REGULATIONS. The regulatiens set forth in this part, and contained in Part V shall apply in the "C-3" CoMmercial Dis- trict. A. Principal Permitted -Uses. 1. Any use perrnitted in the "C-2" Commercial District. 2. Automobile body or fender repair shop. 3. Department store. Use DwellingS Trailer Parks Motels and Auto Courts Other permitted uses. 4. Exterminator sales. S. Lumber, yards or building material sales yards. 6. Manufacture or treatment of pro- ducts clearly incidental to the con- duct of a retail busineSs conducted on the premises. 7. Office buildings. 8. Prinfing and/or publishing houses. S DE YARD WIDTHS Lot Lot Area Front Least Minimum Lot Area Width Per Family Yard Width On sum of Depths any one botitside side yards Same as specified in the "R-4" -District Same as specified in the "C-2" District Same Os specified in the "R-4" District - None required Nene except unless fronting adjacent to on the propos- on "R" ed right-of-way District, In of a therefore which case shewn on the not less Official Major than 15 ft: Street Plan; in which case the building Setback Shall be the proposed right- of-way tine. None except abutting an "R" District in which case not less than 25 feet. 40 ft. 4) Rear 'Yard Depths PART XV - "M-1" Light industrial District 2A-33 REGULATIONS. The regulations set forth in this part, and contained in Part V shoe apply in the "M-1" Light Industrial District. A Principal Permitted Uses. 1. Any pse permitted in the "C-3" District, except that no occupancy - permit shall be issued for any dwelling, school, hospital, clinic, or other institution for human care, except where incidental to a per- mitted prindpal use. 2. Automobile assembly. 3. Bag, carpet, and rug cleaning; pro- vided necessary equipment Is in- stalled and operated for the effec- tive precipitation or recovery of dust 4. Bakeries, other than those whose products are sold at retail only on the premises. 13. Welding or other metal working shops, excluding shops with press- es over twenty (20) ton rated capa- city, drop hammers and the like. 6:Contractor's equqipment storage yard or plant, or rental of equip- ment commonly used by contractors, storage and sale of livestock, teed and/or fuel, provided dust is effect- ively controlled, and storage yards for vehicles of a sielivery or dray- Ing service. 7. Carting, express, hauling or storage yards 8. Circus, carnival or similar tran- sient enterprise; provided such structures or buildings shall be at least two hundred (200) feet from any "R" District. 9. Coal, coke or wood yard. 10. Concrete mixing, concrete p oducts manufacture. 11. Cooperage works. 12. Creamery, bottling works, ice cream manufacturing (wholesale), ice manufacturing and cold storage plant. 13. Enameling, lacquering or japanning. 14. Foundry casting lightweight non- ferrous metals or electric foundry not causing noxious fumes or odors. 15. Flammable liquids, underground Storage only, not to exceed twenty- flve thousand (25,000) gollons, if located not less than two hun- dred (200) feet from any "R" District. 1L Junk, iron or rags, storage or bal- ing, Where the premises upon which such activities are conducted are wholly enclosed within a building, wall or fence, not fess Man' six (6) feet in height, completely obscuring the activity; but not including auto- mobile, tractor, or machinery wrecking or used parts yards. 17. Laboratories - experimental, flint or testing. 18. Livery stable or riding academy. 19. Machine shop. 20. Manufacture of musical instruments and novelties. 21. Manufacture or assembly of electri- cal appliances, instruments and de- vices. 22. Manufacture of pottery or other similar ceramic products, using only previously pulverized clay and kilns. 23. Manufacture and repair of electric signs, advertising structures, sheet metal products, including heating and ventilating equipment. 24. Milk distributing station other than a retail business conducted en Me premises. Use Dwellings Trailer Parks Motels and Auto Courts Other Permitted Uses Lot Lot Area Front Lot Area Width Per Family Yard 1) Depths Same aS Specified in the "R-4" District - Same as specified In the "C-2" District Same as specified In the "R-4" District 1. Agriculture and the usual tigricul- tural buildings and structure., 2. Amusement enterprises, sin h as raee track, caenival, circus. rides and shows subiect to prior teeter). niendation from the FolannIng and Zoning Commission and approval by the City Council. 3. Truck gardening arid eurseries, Pro- vided thot no permanent dwdling units shall be erected thereon unless the tract contains ten (10) or more acres. 4. Mining and extraction of minerois or, raw material, subjecf to approval by the City Council. S. Airports and landing fields. 6. Forest and forestry. 7. Parks, playgrounds, golf courses, both public and private, and recrea- tional uses. 8. Any use erected or maintained by a public agency. 9. Public utility structures and equip- ment necessary for the operation thereof. 10. Transmitting stations. 11. Dumping of non-combustible mater- ials for land -fill purposes. 12. Raitroad right-of-way. b. Accessory Uses. 1. Accessory buildings and uses cus- tomarily incidental to any of the above uses. 2. Bulletin boards and signs appertain- buildine or premises, or signs ap- pertaining to any material that is mined, grown, or treated within the district, provided, however, that such signs shall be located upon or Immediately adjacent to the build- ing or in the area in which such materials are treated, processed or stored. 2A-41 HEIGHT REGULATIONS. Any build- ing hereafter erected or structurally al- tered may be erected to any height not in conflict with other existing or future ordinances of the City of Waterloo. 2A-42 LOT AREA, LOT FRONTAGE, YARD & SITE REQUIREMENTS. The following minimum requirements shall oe ing to the lease, hire or sale of a observed: Lot Use LOt Area Width Lot Area Per Family Front Yard 1) Depths Least- Minimum width on sum of any one both side side yards DwellingS 10 acres Other permitted 10 acres Some as specified in The "R-1" District 50 ft. 100 ft. 50 ft. note (2). 1) The front yard depth of anY lot abutting on a "Major Street" shall be measured from the proposed right-of-way 50 ft, Uses 2) Tlinhees caresunshclowfireteronecethvecitioonteoeitaibumhadijhogreSetrreeecttePdiainn.thIs district shall be above flood elevations as determined by the Official Flood Map and provided further that any structure or ffii upon which a building is located shall not ad- versely effect up -stream properties, as determined by the Iowa Natural Resources Council. Rear Yard Depths Site Require- ment See foot note (2). See foot • PART XVIII- "R-P" Planned Residence District 2A-43 PLANNED RESIDENCE DISTRICT. A. Procedure.' The owner or oWners ot any triad Of 'land comprising an ores ot not less than ten (10) aeres. may submit to the City Cotincil of The City of Water- loo, Mem a plan., for the use and develop- ment of the .entire tract of land. Sold develOpreent plan shalt be ,referred to the Planning Corttimission for study and for report after public heering. The Planning Commission, shall -revrew. the 'conformity of the proposed development with the standards. of -the 'Ciernprehensitte Plan, and 'with, recoenized .peinciplet of civic design,. land use pionning; and landscape architectpre. The 'Commission may. ap7 ,prove ,the plan as ,submitted, .or befote approve! may require that, the applicant modify, altere adjust, or amend the plan as ,the Commission deems necessary to the -end, that it preserve the Intent and purpose of this ordinance to promote pub- lic health, safety, morals, and. general welfare. The .development plan as ap- proved by the Commission shall then be reported to the Clty Council, Whereupon the City Council may, after. notice and publie hearing., cipprove Or disaperove sald pion as reported or may require such changes thereto as it deems necessary to effectuate the intent and purpeee of thiS ordinanc_e. . B. Standards. The land usage, minirnuni lotarea,,yard, height, and accessory uses shall be determined by the. requirements set out ..below, •which .shall. prevail ,over conflicting requirements of•this ordinance Or ,The subdivision ordinance. . . .1e-Thee minimum yard' and height re- quirements Of .The zoning dfstrict.in • which the deVelopment tooted shall not apply except.that minimuni yards .specified in• the district shall be provided around the .boundaries of .the area ,being developed. 2. Uses. olong the protect boundary lines shall not be' in Conflict with those allowed en adjelning or epee- , -site property.• To this end the Com- , MISsiOn may rebuire, in • the. ab- sence of an appropriate physical barrier, that.uses of' least intensity or 'buffer of 'open space or screen- ' Int; be arranged .aleng the borders of the project. 2..A 'plat 'of the deVelopMent shall be recorded regcirdiess. of Whether a subdivision is proposed, Showing buildlegt. lines, building locations, ,,commen Sstreets, -easernents, , and ether .applicable items required by the ,subdivision .ordinance. 4. No ,building permits shall be issued ' until the final 'plat of the develop- ' ment is'approved and recorded. 25. Sawmill, planing mill, including manufacture of wood products net involving chemical treatment. 26. The manufacturing, coMpounding, processing,: packaging or treattrient of cosmetics, pharmaceuticals, and food products except fish and meat products, cereals, sauerkraut, vine- gar, yeast, sfock feed, flour, and the rendering or refining of fate and oils. 27. The manufacture, cempounding, as- sembling or treatment of articles eir merchandise from previously pre- pared materials such as bone, cioth, cork, fibre, leather, paper, plastics, metals or stones, tobacco, wax, yarns and wood. 8. Accessory Uses. 1. Any accessory Uses permitted in the "C-3" ComMercial District. 2. Any aceessory uses customarily accessory and Incidental tit to per- mitted principal use. 2A-34 REQUIRED CONDITIONS. No use shall be permitted to be established or maintained which by reason of its nature or manner ef operation is or may become hazardous, noxious or offetnsive owing to the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibrations, refuse Mat- ter or Water -carried waste. 2A-35 HEIGHT REGULATIONS. No build- ing shalt exceed the cubical content Of 0 prism having a base equal to the buildable area of the lot and a height of seventy- five (75) feet or one and one-half (PM times the width of The street on Which it faces, whichever Is the least. 2A-36 YARD REQUIREMENTS. The fol- lowing minimum requirements shalt be observed subject to the modilled require- ments contained In Section 2A-48. Side Rear Yard Ycird Width Depths None required 40 ft. 2) except adlocent to "R" Dietrict in which case not less them 25 ff. 1) The front yard depth of any lot abutting on a "Moon- Street" shall be ineaSured tram the proposed right -WAY lines as shown on the Official Major Street Plan. 2) For eVery addifional foot the front yard depth is increased over twenty-five QS) feet, the rear yard may be de- creased in direct proportion theretm but in no case shall the rear yard be less Than eight (8) feet; and in addition if any portion of this rear yard area is used for on enclosed Off-street loading space, the area above such an enclosure may be used for building purposes. PART XVI "M-2" Heavy industrial District 2A-37 REGULATIONS. The regulations set forth in this part and contained in Part V shall apply in the "M-2" Heavy Industrie! District, A. Principal Permitted Uses. A building or premises may be used for any purpose whatsoever except those listed in sub- paragraph 1, 2 and 3 below: 1. No occupancy permit shall be issued for any use in conflict with any ordinance of the City of Waterloo or law of the State of lower regulating nuisances. .2. No occupancy permit shall be issumi for any dwelling, school, hospital, clinic, or other institution for hurnan care, except where incidental to a permitted principal use. 3. lea-eccupancy permit shall be issued tor any of the following uses until and unless the location of such use shall have been authorized by the City Council after report by the tire department a. Abattoirs and slaUghter houses or stock yards. b. Acid mcinufacture or wholesale storage of acids. c. Automobile, tractor, or machinery wrecking and used parts yards. d. Cement, lime & gypsum, or plus - ter of ports manufacture. e. Distitiation of bones. f. Explosive menufacture for storage. g. Fat rendering. h. Fertilizer manufacture. i. Garbage, offal or dead anirnal reductien or dumping. I. Gas manufacture and cylinder recharging. -k. Glue, size or gelatine manu- facture. I. Petroleum or its products, re- fining or wholesale storage of. m. Rubber goods manufacture. n. Sand or gravel pits. o. Smelting of tin, copper, zinc, or iron ores. Use Permitted Uses C. Deed Restrictions. In its review of the plan, the Commission or Council may con- sider any deed restrictions Or covenants entered into or contracted for by the developer concerning the use of common land or permanent' open specs. Common !anat.-as herein contained shall reter to land dedicated-. to the public use and to land retained • in private Ownership but intended- fer the Ute of the residents ot the development unit oe the general public. Q. Land Use and. Density Requirentents The uses permitted in the Plenned Residence' District shall conform . , to The Wee specified in the zoning dlistrid. in which it is lot:Cited ex- cept that less restricted eises may be permitied in °Mord:melt With the following SChedule. Maxintlemi Including acceesory- useit of Total Area One & Two 'Family District - a. Multiple family restdencell 35% in accordance. With 2A-43. 8-3. b. Commercial uses and ac- cessory uses In accordance with .2A-43 • B-3, and 2A- . 24A. " • 2. Density requirements shall terpreted as folloivs: a. Lot area per family in one & two family residences shall be the same as the district in which - the planned residence is located. b. Lot area requirements for mul- tiple family residences shall be the sante as in the "lba" Resi- dence District; C. 'All density requirements shall be competed en a total area basis ',ding private streets and drives, common open Apace, park areas, raerecarrise,tion .7-ea‘e, off-street park- ing areas, as welt as building site E. No permit for any commercial struc- ture or building shall be issued until at least twenty-five (25) per vett of the Planned Residence District In question Is developed ter residenfice uses. . PART XIX Perking and Leading Antes, Public Garages, Parking Lots and Filling . Stations p. TronSrnitting statieret.' q. Waste paper yard. r. Wholesale storage Of gasoline. 8. Required Conditions 1. The best practical means known for the disposal of refuse matter or water -carried waste, the abate- me.nt of obnoxious or offensive odor, dust smoke, gas, noise, or sirnilar nuisance, shall be employed; 2. All principal buildings and all acCeS- sory buildings or structures, includ- ing loading and unloading facilities, shall be located at least two hure dred (200) feet from any "iv' Die - Viet and nOt less than one hundred (100) feet from any other district except on "M-1" District. /A-38 HEIGHT REGULATIONS. No struc- ture shall exceed in height The distance measured to the center line of the near- est street from arty portion of the pro -- posed building or structure, except as pro- vided in Section 2A-41. Lot Lot Area Front Side Rear Lot Area VVidth Per Family Yard 1) Yard Yard Depths Widths Depths 25 ft. None requqired 40 ft. except adjacent to an "R" District in which case, not less than 200 ft. 1) The- front yard depth of any lot abutting on a "Major Streer shall be measured from the proposed right-of-way lines as shown on The Official Mator Street Plan. 2A-39 "M-2, P" PLANNED- INDUSTRIAL D ISTR I CT Regulations. The purpose of this section of the ordinance Is to permit the establishment of 'industrial parks Med to provide for the orderly planned erowth ot industries. in large tracks of land. It is also intended that such industrial parks be developed to maximize the potentials of industrial areas and at the same time minimize any adverse effect upon adjacent properties In other zoning districts. A. Principal Permitted Uses 1) Any use permitted In the "M-2" Heavy Industrial District. B. Required Conditions. Prior to the' is- suance ref any building permit for any building or structure in this dierrict, a planapproved by the City Planning Commission and City Council shall be on file with the Building Officio! showing the following information: 1) General plan showing the location of all buildings, internal streets, parking lots, railroad tracks, pro- posed sanitary and storm sewer lines, and water and power facil- ities. 2) Building setbatk lines shown on the plan shall be not less than one hundred (100) feet from public streets, Residential (R-1, Ft-2, R-3, R-4) Districts, or "Ad" Agricul- tural Districts. Such yard areas shall be landscaped and maintainee in such a manner as to reflect the intent of the establishment of an industrial park area. Ofestreet parking may be permitted in all such yard areas provided that they do not extend closer than forty (40) feet to public right -of -Way, Residential (R-1, R-2, R-3, R-4) Districts, or "A-1" Agriculturai Districts. 3) Outdoor advertising and billboards rnay be permitted In this diStrid provided that such advertising de- vices contain information pertain- ing to the business or industry located upon that site. The loca- tion of such signs or billboarde . shall not be closer than forty (40) feet frore any publie street line. 4) The Planned industrial District plan shall Indicate that all Indus, trial or commercial uses shaft es- tablish performance standards re- lating to air and water pollution emissions meeting or exceeding standards established by Federal, State, or local pollutiore contra! • ordinances or laws. PART XVII "U-1" Unclassified District . 2A-40 REGULATIONS. The regulations set forth In this part and those contained In Part V shall apply In the "U-1" Uncles- sified, District. A. Principal Permitted Uses, 15e7e be ire thousand (2,0e4)) square feet - one hundred (100) per cent Ot floor area. 15. Schools, one (1) speme for each eight (8) seats in the principal auditorium. 16. Sports arenas, Auditoriums, Other Than in schools - one (1) parking space for each six (6) seats. 17. Theatres, Assembly Halls with fixed seats - one (1) parking space for each six (6) seats. 18. Wholesale establishments or ware- houses - one (1) space for each two (2) employees. lit Sororities, fraternities, and lodging houses one (1) space for each 300 sq. ff. of gross floor area. B. In case of any building, structure or premises, the use of which Is not specifi- cally mentioned herein, and provisions tor a use which is so menfioned and to which said use is similar, shall apply. C. Where a lot does not abut on a public or private alley or easement of access, there shall be provided an access drive not less than eight (8) feet In width In The case of a dweliing, and not less than sixteen (16) feet in width in all other case* leading to the loading or unloading spaces and parking cir storage areas re- quired hereunder In such manner as to secure the most appropriate development of the property in question, except where provided in connection with a use per - Miffed in a residence district, Such ease- ment of access or access drive shall not be located in any residence diStrict. D. Every parcel of land hereafter used as a public or private parking area, In- cluding a commercial parking lot, shall be developed and maintained in accord- ance with the following requirements: 1. No port of any parking space shalt be closer than five (5) feet to any estoblished street right-of-way or al- ley line. In case the parking lot ad- joins an "R" District, it shall be set back at least five (5) feet from the "R" District boundary and shall be effectively screen -planted. 2. Any off-street parking area, Including any commercial parking lot, for more than five (5) vehicles shall be sur- faced with an asphaltic or portend cement binder pavement or such oth- er surfaces so as to provide a dur- able and dustless surfoce, shot, be so graded and drained as to dispose of all surface water accumulation within the area, and shall be so ar- ranged and marked as to provide for orderly and safe loading or unload- ing and parking and storage of self- propelled vehicles. 3. Any lighting used to illuminate any off-street parking area including any commercial parking lot, shall be so arranged as to reflect the light away from adjoining premises in any "R" District. E. In any "R" Residence District abut- ting a "C" or "M" District off-street parking lots shall be permitted in accord - dance with the following requirements. 1. Said off-street parking let shall not extend further than two bundred e200) feet Into an "R" Residence District or to the nearest street, Whichever Is closer. 2. Off-street parklng lots located In an "R" Residence District shall provide front and side yards In accordance with the district in which it is lo- cated. Provided further That front or side yards -shalt be used for fences, walks or landscaping only, with no vehicular parking in said yard area. Provided further that where a t ofe tiguous development of lots le used for parking purposes, no side yard shall be required for abutting park - 'Mg lei having a common side lot line. .1. Off-street. parking lot In any "R" Residence District shall provide a permanent fence or shrubbery screen on an side yards of The abutting "R" Residence District. Such screen to be located in the provided side yord. 4. Off-street parking lots In any "R" Residence District shall be developed with an all weather, dust free sur- face. Such surfacing shall be ap- proved by the City Engineer. Provid- ed further that such parking lots stall be maintained In on orderly manner free from refuse or debris. S. Ali lighting for said off-street park- in, kits snail tee such that no tight is directed or reflected on adiacent residential properties. 2A-44 OFF-STREET LOADING SPACES REQU I RED. A in any district, except the "C-3" Commercial District, in connection with every bpilding or part thereof hereafter erected, having a gross floor area of ten thousand (10,000) square feet or more, which is to be occupied by manutoduring, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hos- pital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided anal maintained on the same lot with such building, at least (1) oni off-street load- ing space plus one (Id additional such loading spaee for each twenty thousand (20,000) square feet or major fraction thereof of gross floor area se used in excees .of ten thousand (10,000) square feet. 1. Each loading space shall be not less than ten (10) feet in width, twenty- five (25) feet in length. 2; Such space may occupy oil Or tittY part of any required yard or court space or as specifically provided in the district in which it is located. 2A-45 OFF STREET PARKING AREA RE- QUIRED A in all districts, except the "C-3" Commercial District, in connection with every industrial, commercial, business, trade, InStitutianal, recreational, or dwell- ing.use, and similar uses, space tor park- ing and storage of vehicles shall be pro- vided in accordance with the following schedule; however, no parking area re- quired hereunder Shall be less than tine thousand (1,0e0) square, feet in area ex- cept in the case of dwellings and retail stores and shops under one thousand (1,000) square feet. 1. Automobile sales and service ga- rages -- fifty (50) per cent of floor area. 2. Banks, Business and Professionat Offices - seventy-five (75) per cent of floor area. 3. Bowling Alleys - five (5) spaces for each alley. 4. Churches - one (I) space for each six (6) seats in a principal audi- torium. S. Dance Halls, Assembly Halls - two hundred (200) per cent of floor area used for dancing Or +assembly. 6. Dwelling -one and one -halt (11/2) parking space for each family 'or dwelling unit.. 7. Funeral Homes, Mortuaries - one (1) parking space for each five 45) seats in the principal auditorium. S. Furniture and Appliance Stores, Household Equipment or Furniture Repair Slums over two thousand (2,000) square feet Of floor area (50) per cent of floor area. 5t. Hospitals - one (1) Space tor each four (4) beds. 10. Hotels -- one el) Space for each two (2) bedrooms. 11. Manufacturing Plants - ene (1) space for each three (3) enntioYees on the maximum working shift. 12. Restaurants, Beer Petters and Night Clubs, over one thouSand (1,000) square feet floor area -- two hundred (200) per cent of floor area. . 13. Retail Stores, Super Markets, etc., over two thousand (2,000) Square feet floor area - two hundred fifty MO) per cent of floret anti. 14. Retail stores, Shops, etc. Under twitt PART XX 2A-46 FILLING STATIONS, PUBLIC GA- RAGES AND PARKING LOTS. A. No gasoline filling station or a com- mercial customer or employee parking lot for twenty-five (25) or more motor ve- hicles, or a parking garage or automobile repair shop, shall have an entrance or exit for vehicles within two hundred (200) feet along the same side of a street, of any school, public playground, church, hospital, public library, or institution for dependents or for children, except where such property Is in another block or on another street which the lot in question does not abut. B. No gasoline filling station or public garage shall be permitted where any oil draining pit or fuel filling appliance is lereted within twelve (12) feet of any street line or within twenty-five (25) feet troin any "R" District, except where such appliance or pit is within a building. PART XXI Special Provisions 2A-47 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS. In all districts where permitted, billboards shall be set back from the proposed right-of-way line of any state or federal highway, any mo- tor city thoroughfare so designated by the Official Major Street Plan, ond from the riget-ef-evay line of any other sstreet or highway, at least as far qs the re- quired front yard depth for principal building in such districts, however, the setback of any outdoor advertising sign or billboard (not includittg, however. busi- ness identification and directional and oth- er Incidental signs otherwise permitted un- der the provisions of this Ordinance) on corner lots, in the triangle formed by the tines of streets intersecting at an angle of less than sixty (60) degrees and a line joining points on such lines one hundred (100) feet distant from their point of in- tersection, no outdoor advertising sign or billboard shall be permitted. No such sign or billboard shall be permitted which faces the front or side lot line of any lot in any "R" District used for residen- fiat purposes within one hundred (100) feet of such lot lines, or which faces any public parkway, public square or entrance to any public park, public or parodhiol school, church, cemetery or similar in- stitution, within three hundred (300) feet thereof, PART XXII Exceptions and Modifications 2A-48 EXCEPTIONS AND MODIFICA- TIONS. The regulations specified in this Ordinance stein be subject to the follow- ing exceptions and interpretations: A. Use of Existing Loh of Record: In any district Where dwellings are permit- ted, a single -fondly dwelling mOY be lo- cated on any lot or plot of official rec- ord as of the effective date of this Ordi- nance irrespective of its area or width; and in addition, any tvro-family dwelling may be located on any lot or plot In an "R-2" Residence District that has a lot width of not less than sixty (60) feet and is of officiai record as of the effective date of this Ordinance; provided, how- ever: 1. The sum of the side yard widths of any such lot or plot shall not be less than ten (10) feet, but in no case less than five (5) feet, for any one side yard. 2. The depth Of the rear yard Of any such lot need not exceed twenty (20) per tent of the depth of the lot, but in no case less than ten (10) feet. 3. In the case of a lot of record where the above requirements are greater than those of the district in which it is located the lesser requirement shall apply. 4, In the case of building setback lines established on lots of record, as of the effective date at this ordinance, such setback lines may opply in lieu of those fequired by this ordinance unless existing adjacent building seb backs are greater than specified on the plat of record in which case The provisions of Sec. 2A-7 shall apply. B. Structures Permitted above Height Limit: The building height limitations of this Ordinience shall be modified as fol- lows: 1. Chimneys, cooling towers, elevator bulk -heads, fire towers, monuments, pent houses, stacks, stage towers or scenery lofts, toeks, water towers, ornamental towers, and spires, ra- dio or television towers, or necessary real conditions or other exiraordinary or exceptional situetions the strict applica- tion of the terms of this Ordinance ac- tuolly prohibits the use of his property in a manner reasonably similar to that of other property in the district. 2A-52 APPEALS. Appeals to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the City of Waterloo affected by any decision of the Building Official. Such appeal shall be token within a reas- the board.by filing with the Building Of- onabie time as provided by the rules of ficial and with the Board of Adjustment a notice of appeal specifying the grounds thereof, The Building Official shall forth- with transmit to the board all the papers constituting the record upon which the action appealed from is taken. An appeal stays an proceedings in furtherance of the action appealed from, unless the Building Official certifies to the Board, after notice of appeal shall have been filed with him, that by rea- son of the facts stated in the certificate a stay would, in his opinion, cause im- minent peril to life or property. In such case proceedings shall not be stayed oth- erwise than by a restraining order which may be granted by the Board or by a court of record on application of notice to the Building Official, and on due cause shown. The board of adjustment shall give a reasonable time for the hearing on the appeal, give public notice thereof and decide the same within a reasonable time. At the hearing any party may appear in person or by agent, or by attorney. Be- fore an appeal is filed with the board of adjustment, the appellant shall pay to the City Treasurer to be credited to the general fund of the City of Waterloo the cost of publishing said notice and the ad- ministrative cosis of said appeal as de- termined by the Board. In exercising the above -mentioned pow- ers, the board may, in conformity with the provisions of law, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination as it believes proper, and to that end shall have ail the powers of the Building Official. The concurring vote of three of the members of the Board shall be necessary to reverse any order, require- ment, decision, or determination of the Building Official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Or- dinance; provided, however, that the ac- tion of the Board shall not become effec- tive until after the resolution of the board, setting forth the full reason for its decision and the vote of each member participating therein, has been spread upon the minetes. Such resolution, im- mediately following the board's final de- cision, shall be filed in the office of the board, and shall be open to public in- spection. PART XXIV Occupancy Permits 2A-53 OCCUPANCY PERMITS. No land shall be occupied or used, and no build- ing hereafter erected or structurally al- tered shall be occupied or used in whole or in part for any purpose whatsoever, until a certificate is issued by the Build- ing Official, stating that the building and use comply with the provisions of thls Ordinance and the building and health Ordinances of the City of Waterloo. No change of use shall be made in any build- ing or part thereof, now or hereafter erected or structurally altered, without a permit being issued therefor by the Build- ing Official, No permit shall be issued to make a change unless the chenges are in conformity with the provisions of this Ordinance. Nothing in this part shall prevent the continuance of a non -conforming use as hereinbefore authorized, unless a discon- tinuonce is necessary for the safety of life or property. Certificates for occupancy and compli- ance shall be applied for coincidentally with the application for a building per- mit, and shall be issued within ten (10) days after the lawful erection or alter- ation of the building is completed. A rec- ord of all certificates shall be kept on file in the office of the Building Official, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the 'building affected. No permit for excavation for, or the erection or alteration of any lbuilding shall be issued before the application has been made for certificate of occupancy and compliance, and no ,building or prem- ises shall be occupied until that certifi- cate and permit are issued. A certificate of occupancy shall be re- quired of all nonconforming uses. Appli- cation for certificate of occupancy for nonconforming uses shall be filed with- in twelve (12) months from the effective date of this Ordinance, accompanied by affidqvits of proof that such non -conforms ing use was not established in violation of Ordinance No. 1734 or amendments thereto. PART XXV Plats 2A-54 PLATS. Each application for a building permit shell be accompanied by a plat In duplicate drawn to scale, seow- ing the actual dimensions of the lot to be built upon, the size, shape and loca- tion of the building to lee erected and such other Information as may be neces- sary to provide for the enforcement of this Ordinance. A record of application and plats shall be kept in the office of the inspector of buildings. PART XXVI Amendments 2A-55 AMENDMENTS. The City Council may from time to time, on its awn action or on petition, after public notice and hearings as provided by law, and after report by the Zoning Commission, amend, suppiement, or change the boundaries or regulations herein or subsequently estab- lished, and such amendment shall not be- come effective except by the favorable vote of a majority of all the members of the City Council. Whenever any person, firm or corpora- tion desires that any amendment, or change be made in this Ordinance as to any property in the city, and there shall be presented to the Council a petition re- questing such change or amendment and clearly describing the property and its boundaries as to which the change or amendment is desired, duly signed by the owners of fifty (50) per cent of the area of all real estate included within the boundaries of said tract as described in said petition. A plat shall be submitted showing the name and address of the owners of record as found in the County Assessor's records of all property lying within two hundred fifty (250) feet of the boundaries of the proposed property to be rezoned. The Zoning Commission shall upon receipt of said petition and plat no- tify by mail all parties concerned as shown on said plat of a hearing to be held by said Commission. The notice of hearing stern be mailed at least ten (10) days prior to the hearing and shall con- tain a description of the proposed prop- erty to be rezoned and the present and proposed zoning classification. The Zon- ing Commission may upon the unanimous approval of members present at a regu- lar meeting suspend the above bearing requirement and initiate the rezoning re- quest. In case the proposed amendment, sup- plement or change be disapproved by the Zoning Commission, or a protest be pre- sented duly signed by the owners of twenty (20) per cent or more either of the area of the lots included in such pro- posed change, or of those immediately adjacent in the rear thereof, extending the depth of one lot or not to exceed two hundred (2e0) feet therefrom, or of Mose directly opposite thereto, extending the depth of one lot or not to exceed two bundred (200) feet from the street frontage of such opposite lots, such amendment shall not become effective ex- cept by the favorable vote of at IeaSt three -fourths of all the members of the Council. Whenever any petition for an amendment, supplement or change of the zoning or regulations herein contained or subsequently established sholl have been denied by the City Council, then no new petition covering the same property or the same property and additional property shall be filed with or considered by the City Council until six (6) months shall have elapsed from the date of the filing not impair an adequate supply of of the first petition. light and air to adjacent property, The zoning district classification of each shall not increase congestion in the lot, tract or parcel of land hereafter re-. public streets, shall not increase zoned to a less restrictive classification public danger of fire and safety and as herein provided shall after a period shall not diminish or impair estab- of two (2) years revert to the zoning dis- lished property values In surround- trict classification as established at the Mg areas. date of passage of this Ordinance unless 3. The board of adjustment is specificae an application for an occupancy permit ly authorized to permit erection and and building permit has been approved use of a building or the use of and construction has commenced and is premises or vary the height and area being done in an orderly and progressive regulations In any location for a pub- manner without undue delay indicating tic service corporation for public util- good faith to complete such construction ity purposes or for purposes Of pub- Before any action shall be taken as lic communication, including the dis- provided in this part, the party or parties tribution of newspapers, which the proposing or recommending a chahge in board determines reasonably neces- the district regulations or district boun- sary for public convenience or wel- daries shall deposit with the City Trees - fare. urer the sum of twenty-five dollars ($251 4. The board of adjustment is specifi- to cover the costs of this procedure and tally authorized to permit the ex- under no condition shall said sum or any tension of a district wfiere the bound- part thereof be refunded for failure of ary line of a district divides a lot said amendment to be enacted into law in a single ownership as shown of Publication of the legal description of record or by existing contract or pur- the property or properties zoned or re chase at the time of the passage of zoned shall constitute an official amend - this Ordinonce, but in no case shall ment to the Officicil Zoning Map; and extension of the district boundary as such, said map or portion of soid line exceed forty (40) feet in any di- map need not be published. rection. PART XXVII mechanicel appurtenances may be B. To hear and decide appeals where Violation, Penalties, & Enforcement erected to a height in accordance with existing or hereafter adopted ordinances of the City of Waterloo. 2, Public, semi-public or public serv- ice buildings, hospitals, sanatoriums, or schools, when permitted in a dis- trict, may be erected to a fieight noi exceeding sixty (60) feet, and church- es and temples, when permitted in a district may be erected to a height not exceeding seventy-five (75) feet if the building is set back from each property line at least one (1) foot for each foot of additional building height above the height limit other- wise provided in the district in which the building is built. 3. Single-family dwellings and two-fam- ily dwellings in the dwelling districts may be increased in height by not more than ten (10) feet viten two (2) side yards of not less than fifteen (15) 'feet each are provides!, but they shall not exceed three (3) Stories in height. C. Area Requirements: In any district where neither public water supply or pri- vete water supply serving three (3) or more iots, nor public sanitary sewers or a private Sonrtary sewer treatment sys- tem serving three (3) or more lots Is ac- cessible, the lot area requirement shall be: Lot atea-twenty thousand {20,000) square feet, however, that where a pub- lic water supply or a private water sys- tem serving three (3) or more lots this requirement shall be ten Thousand (10,000) square feet. All other lot re- quirements of the district in which such lots exist shall apply. D. Double Frontage Lots: Buildings on through lots and extending through from street to street shall provide the required front yard on both streets. E. Rear and Side Yards -How Comput- ed: In computing the depth of d rear yard or the width of a side yard where The rear or side yard opens on an alley, one- half Oh) of the alley width may be in- cluded as a portion of the rear or side yard as the case may be. F. Other Exceptions to Yard Require- ments: Every part of a required yard shall be open to the sky unobstructed with any building or structure, except for a permitted accessory building in a rear yard, and except for the ordinary projec- tions of skylights, sills, belt courses, cor- nices and ornamental features projecting not to exceed twenty-four (24) inches. Residential fences or landscape features such as sculpture or walls may be erect- ed or constructed on property lines pro- vided no such fence in any front yard exceeds four (4) feet in height and eight (8) feet in height in the case of side or rear yards. In "C-2" & "C-3" Commercial Districts, signs, overhangs, and marquees may ex- tend over street right-of-way lines pro- vided the erection of such signs, over- hangs, and marquees be constructed In accordance with the provisions of the building code. G. An existing open porch may be re- modeled or rebuilt to an enclosed non - habitable vestibule entrance -way (which may include closet space) when project- ing not more than Ve the distance of the front yard set -back and extending in width not more than Ve of the width of the residence. H. Special ,Permit Required: A special permit for the location of any of the following buildings or uses in any dis- trict permitted by this ordinance must be obtained from The City Council after pub - tic hearing thereon: 1. Any public buildIng ereded arid used by any dmxirtment of the city, town- ship, county, state or Federal spy- ernment 2. Public and parochial schools. 3. Hospitals, non-proflt fraternal insti- tutions provided they are used solely for fraternal purposes, and institu- tions of an educational, religious, philanthropic or eleemosynary char- acter, provided that The building shall be set back front all yard lines a dis- tance of not less than two '(2) feet for each foot of building height. 4. Cammunity building or recreation field. 5. Public cemetery. (Minimum thirty (30) acres). Before issuance of any special permit for any of the above buildings or uses the City Council shall refer the proposed application to the City Zoning Commis- sion, which shall be given forty-five (45) days In whirh te moke a report regord- ing the effect of such proposed building or use upon the character of the neigh- borhood, traffic conditions, public utility facilities and other matters pertaining to the general welfare. No action shall be token upon any application for a proposed building or use above referred to until and unless the report of the Zoning Com- mission has been filed, provided, however that if no report is received from the Zoning Commission within forty-five (45) days, it shall be assumed that approval of the application has been given by the said Commission. I. Where lot area frontage and yard re- quirements of this ordinance conflict with requirements established by Official Ur- ban Renewal Plans adopted prior to the effective date of This ordinance, the reg- ulations contained in the Official Urban Renewal Plan shall apply. PART XXIII Board of Adjustment 2A-49 APPOINTMENT-MEMBERSH1P, A Board of Adjustment is hereby estab- lished which shall consist of five (5) mem- bers each to be appointed for a term of five (5) years. Members shall be removable for cause by the appointing authority upon written charges and after public hearing. Vocancies shall be filled for The unexpired term of any member whose term becomes vacant. 2A-50 RULES-MEET1NG-GENERAL PRO- CEDURE. The board shall adopt rules in accordance with the provisions of this ordincince. Meetings of the board shall be held at The call of the chairman and ot such other times as the board may determine. Sech chairman, or in his ab- sence, the acting chairman, may adminis- ter oaths and compel the attendance of witnesses. All meetings of the board shall be epee to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each ques- tion, or if absent or failing to vote, indi- cating such fact, and shall keep records of Its examinations and other official ac- tions, all of which shall be immediately filed in the office of the board and shall be a public record. 2A-51 JU RISD I CT I ON-POWE RS. The board shall have the following powers and du- ties. A. The board of adiustment may in -ap- propriate ones and subject to appropri- ate conditions and safeguards make spe- cial exceptions to the terms of the ordi- nances in harmony with its general pur- pose and intent. Any property owner ag- grieved by the provisions of This ordi- nance or any regulations or restrictions thereunder may petition the said board of adjustment direct to modify said reg- ulations and restrictions as applied to such property owner and the following rules shall apply: 1. The board of adiustment shall hove a public hearing on said petition un- der the same terms and conditions as bereirtafter provided for the hearing of appeals by the board of adjust- ment. 2. The beard of ediustment in makIng any exception to the ordinance shall be guided by the general rule that the exceptions shall by their design, construction, and operation adequate- ly safeguard the health, safety, and welfare of the occupants of adjoin- ing and surrounding property, shall it is alleged there is an error in any or 2A-56 VIOLATION AND PENALTIES. der, requirements, decision, or determi- Any person, firm, or corporation who vi- nation made by the Buiiding Official in elates, disobeys, omits, neglects, or re - the enforcement of this Ordinance. fuses to comp.y with or who resists The C. To authorise upon appeal in specific eneercement of any of the provisions of cases such variance from the terms of this ordinance upon conviction shall be the ordinance as wel not be contrary to fined not more than one hundred dollars the pu'odc interest, where owing to spe- ($100) for each offense. Each day that a ciel conditions a Mere! enforcement of violation is permitted to exist constitutes the provisions of the ordinance will re- a separate offense,. The Building Official suit in unnecessary hardsnip, and so that is hereby designated and ordered tt en- tne spirit of the ordinance shall be ob- force this Ordinance. served and substantial justice done. Spe- 2A-57 ENFORCEMENT. In case any build- cial conditions shall include but not be ing or structure is erected, constructed, limited to a property owner who can reconstructed, altered, repaired, convert - show that his property was acquired in ed or maintained, or any building, struc- good faith and where by reason cf ex- ture or land is used in violation of this ceptional narrowness, shallowness, or Ordinance, the Building Official, in addi- shape ot a specific piece of property, or tion to other remedies, shall institute any where by reason of exceptional topograph- proper action or proceedings in the name of the City of Waterloo, Iowa, to prevent such unlawful erection, construction, re- construction, alteration, repair, conver- sion, maintenance, or use, to restrain, correct or abate such violation, to pre- vent the occupency of said building, struc- ture or land, or to prevent any illegal act, conduct business or use in or about said premises. PART XXVII! '2A-58 VALIDITY."Shlioduitlyd any section or provision of this Ordinance be declared by a court of competent iurisdiction to be involid, that decision shall not affect the validity of the Ordinance as a whole or any part thereof, other then the part so declared to be invalid. Passed and adopted this 3rd day of February, 1969. LLOYD L. TURNER • Mayor Attest: JAMES R. WILSON City Clerk First reading Jonuary 20, 1969 Second reading January 27, 1969 Third reading February 3, 1969 Adopted February 3, 1969