HomeMy WebLinkAboutOrdinance No. 5746 *** Proof of Publication
State of Iowa
Black Hawk County
Waterloo, City of- Legals
Accounts Payable
715 MULBERRY ST.
WATERLOO IA 50703
ORDER NUMBER 233628
The undersigned, being duly sworn, on oath, do depose and say that I
am an authorized employee of the Waterloo Cedar Falls Courier, that
The Waterloo Cedar Falls Courier is a weekly newspaper regularly
published and printed in the English language in the City of Waterloo,
Black Hawk County, Iowa, and has a general circulation in the said
city and county; and that I personally know that the notice, a true copy
of which is hereto affixed, was published in the Waterloo Cedar Falls
Courier on the following days, to-wit:
Section: Legals
Category: 950 Legal Notice
PUBLISHED ON: 02/10/2024
TOTAL AD COST: 490.02
FILED ON: 2/16/2024
That the iss of said paper containing said notice were duly
circulate in th0 regular manner.
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itJ ‘ry.t2r;
Notary Public in a d for Said County
*** Proof of Publication
ORDINANCE NO.5746
AN ORDINANCE AMENDING THE CITY
OF WATERLOO CODE OF ORDINAN-
CES BY ESTABLISHING A NEW ARTI-
CLE H, PARKLET, OF CHAPTER 4,
BUSINESSES RELATING TO SALES,
OF TITLE 3, BUSINESS AND LICENSE
REGULATIONS.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF WATER-
LOO,IOWA AS FOLLOWS:
Section 1.That the City of Waterloo Code
of Ordinances is hereby amended by
establishing a new Article H, Parklet, of
Chapter 4,Businesses Relating to Sales,
of Title 3, Business and License
Regulations,as follows:
TITLE 3 — BUSINESS AND LICENSE
REGULATIONS
CHAPTER 4—BUSINESSES RELATING
TO SALES
ARTICLE H—PARKLET
3-4H-1:DEFINITIONS:
3-4H-2:PURPOSE:
3-4H-3:RIGHT TO LIMIT:
3-4H-4:PERMIT REQUIRED:
3-4H-5:WHERE AND WHEN PERMISSI-
BLE:
3-4H-6:APPLICATION FOR PERMIT:
3-4H-7:ISSUANCE OF PERMIT:
3-4H-8: TRANSFERABILITY OF PER-
MIT:
3-4H-9:INSURANCE:
3-4H-10:LITTER:
3-4H-11:RESTRICTIONS ON SMOKING
AND ALCOHOLIC BEVERAGES:
3-4H-12:PARKLET REGULATIONS FOR
OPERATION AND CONSTRUCTION:
3-4H-13: TAXES, ASSESSMENTS; OP-
ERATING COSTS AND UTILITY
CHARGES:
3-4H-14:APPEAL:
3-4H-15: DENIAL, SUSPENSION, OR
REVOCATION OF PERMIT:
3-4H-16:REMOVAL OF PARKLET:
3-4H-17:PENALTY:
3-4H-18:SEVERABILITY:
3-4H-1:DEFINITIONS:
A. Design Review: Materials used to
define the perimeter of a parklet shall be
subject to the approval of the Engineering
Department. All other materials used in
the construction of a parklet located in the
downtown district shall be subject to the
approval of the Main Street Waterloo
Redevelopment Authority, in accordance
with Section 2-2-3 of this Code.
B.Central Business District:The Central
Business District shall include all proper-
ties in downtown Waterloo as described
in Section 2-2-1 of this Code.
C. Establishment: A brick-and-mortar
building located in the Central Business
District selling food to customers and is
required by the State of Iowa to hold a
food establishment license, or a bar
operating from a brick-and-mortar building
in the Central Business District and is
required by the State of Iowa to have a
liquor license.
D. Operator: The owner and/or employ-
ees of the permitted business responsible
for operating, maintaining, and serving
customers of the parklet.
E. Parklet: The platform installed by a
permittee over public parking spaces
within the public right-of-way adjacent to a
sidewalk area upon which tables,chairs,
umbrellas, landscaping, benches and
other accessory components and ameni-
ties may be placed. The term parklet,
when permitted, also includes the ongo-
ing obligation of maintenance, repair,
operation and removal of the parklet
improvements in accordance with the
terms and conditions of this Article.
Parklets shall be undertaken at the sole
cost and expense of the permittee.
F.Permittee:Any individual,person,firm,
corporation, partnership, or public entity
and their agents and employees, which
have been issued a permit under this A.
3-4H-2:PURPOSE:
This Article shall set forth regulations for
any establishment operating a parklet in
the Central Business District.
3-4H-3:RIGHT TO LIMIT:
The city council shall,by resolution,have
the right to limit the number of parklets
allowed on one side of one city block in
the Central Business District. An estab-
lishment may apply for a parklet permit
and a sidewalk cafe permit. The city
reserves the right to limit or prohibit such
combinations for the purpose of preserv-
ing public health and safety.
3-4H-4:PERMIT REQUIRED:
A. It shall be unlawful for any person to
erect or operate a parklet within the city
without first obtaining a permit from the
city, and any other state or county
permits, certifications, and licenses that
may be required to operate an establish-
ment on a parklet. A parklet, permitted
and operated in accordance with this
chapter shall not be considered an
obstruction of a public right-of-way.
B.A permit for a parklet shall be issued
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only to the permittee wno snail incluae,
jointly and severally, (i) operator of the
qualifying business and(ii)the fee simple
owner of the real property upon which the
qualifying business is located,
3-4H-5:WHERE AND WHEN PERMISSI-
BLE:
A parklet regulated under this Article shall
be permitted as follows:
1. In the Central Business District on
streets with speed limits of twenty-five
(25)miles per hour or less.
2. Adjacent to the brick-and-mortar
establishment.
3. Where the parklet's operation is
primary to and a part of the operation of
its adjacent establishment.
4.Parklets shall be sited along the curb
line on streets where on-street parking
spaces exist.
5. Parklets shall not block access to
public utilities,hydrants,sidewalks,alleys
or driveways.
6.The parklet shall extend no farther than
ten (10)feet past the limit of the street
frontage of the establishment.The parklet
may extend past the street frontage of the
establishment with approval from the city.
When determining whether to grant
approval, city shall weigh available
parking, needs of neighboring business-
es, and whether such approval is
recommended by Main Street Design
Review Board.Approval of extending the
parklet past the street frontage of the
establishment must be obtained annually
and made at the time of filing the
application.
3-4H-6:APPLICATION FOR PERMIT:
A.Contents of Application:Applicants for
a permit under this Article shall complete
and submit to the city clerk an application,
fees,and supporting documentation,all of
which shall include but not be limited to
the following information:
1.The name, phone number,and email
address of the applicant.
2. The name, address, phone number,
and email address of the business.
3. Proof of valid food service license(s)
from the state and/or county health
departments if
selling/handling food and/or beverages for
human consumption.
4.Certificates of insurance and indemnifi-
cation agreement as required in Section
3-4H-9 of this Article.
5. A drawing showing the layout and
dimensions of the proposed parklet and
adjacent property,including the structures
to be located on the parklet, proposed
location, size and number of tables,
seating, umbrellas, location of entries,
location of trees, parking meters, street
signs, parking spaces utilized, vehicular
travel lanes, sidewalk benches, trash
receptacles, landscaping, utility boxes,
fire hydrants, manholes, public utility
valves or covers, storm sewer grates,
poles, and other sidewalk obstruction
either existing or proposed within twenty-
five(25)feet of the parklet.
6.Photographs,drawings or manufactur-
er's brochures fully describing the appear-
ance of all proposed tables, chairs,
umbrellas,or other objects relating to the
parklet.
7. A plan for the maintenance and
cleaning of the parklet license area:the
tables and chairs located within the
parklet area;and the disposal of any trash
or debris generated from the operation
and use of the parklet by the general
public and patrons of the permittee.
8.Any permits or approvals required from
any other governmental agency necessa-
ry to operate the parklet.
9.A non-refundable application fee of fifty
dollars($50.00).
B.Filing:No application shall be accepted
for filing and processing unless it
conforms to the requirements of this
Article.This includes a complete and true
application, all of the required materials
and information prescribed, and the
appropriate application fee.If an applicant
submits a complete application for a
sidewalk café and parklet to the city clerk,
that conforms to the requirements of this
section, the non-refundable application
fee for such applications filed simultane-
ously shall be fifty dollars($50.00).
C.Filing—New Application:An establish-
ment filing an application for the first time
may do so at any time during the year.
Fees for such applications and permits
shall not be prorated.The city clerk may
charge an applicant a twenty-dollar
($20.00) fee for filing an incomplete
application.
D. Filing — Renewal Applications and
Timely Filing;A renewal application must
be filed with the city clerk's office no later
than February 1st of each year.The city
reserves the right to reject any application
not filed in a timely manner.The city clerk
may charge an applicant a twenty-dollar
($20.00) fee for filing an incomplete
application or for failina to timely file the
*** Proof of Publication
application.
E. Application Review: Upon receipt of
the complete application as required by
this Article,the city clerk shall forward the
application to the Fire Department,
Building Department,Planning,and Zon-
ing Department,Engineering Department,
and Police Department for review.If the
applicant does not hold a liquor license,
the police department is not required to
review the application.Following approval
by city departments, the city clerk shall
forward the application to the Main Street
Design Review Board for review and
approval or denial.
F. Approval or denial of a parklet
application shall be at the discretion of the
city clerk. Such discretion shall be
exercised with due regard to public
health, safety, and welfare considera-
tions. City departments may impose
additional requirements in particular situa-
tions when it is deemed to be necessary
to ensure compliance with city ordinan-
ces.
3-4H-7:ISSUANCE OF PERMIT:
A.If the city clerk finds the application is
complete, fully executed, and made in
conformance with Section 3-4H-6 of this
Article, the application fee and all
outstanding fees owed to the city are
paid, and upon approval by all parties
listed in Section 3-4H-6(E)of this Article,
the city clerk shall inform the applicant
that a permit may be issued subject to
payment of a non-refundable permit fee of
two hundred dollars($200.00).The fees
listed in this section shall become
effective on January 1,2025.
B.Term of Permit:A permit shall be valid
from April 1 through November 1.
C. Only responsible businesses will be
allowed to renew.The city will determine
if the business responsibly managed its
parklet by the previous year's perform-
ance, calls for service, and compliance
with city codes.
3-4H-8: TRANSFERABILITY OF PER-
MIT:
A permit issued under the provisions of
this Article is not transferable in any
situation to any person and is only
applicable to the person filing the
application.
3-4H-9:INSURANCE:
A. All permittees shall provide proof of
and maintain current commercial general
liability insurance having a minimum
combined single limit of one million
dollars ($1,000,000.00). Workers' Com-
pensation coverage of no less than the
statutory requirement. A certificate of
insurance shall be delivered to the city
clerk prior to the issuance of a permit.
The certificate of insurance shall list the
City of Waterloo and its elected and
appointed officials, officers, employees,
and agents as named additional insureds
on a primary and non-contributory basis,
including a waiver of subrogation in favor
of city, against any liabilities that may
arise in connection with the operation of
the parklet.
B. Apart from and separate from any
insurance required under this section,the
permittee shall agree in writing to
indemnify, defend, and hold the City of
Waterloo and its assignees and employ-
ees harmless from all losses, damages,
injuries,claims,demands,and expenses
in any manner resulting from or arising
out of the permitted operation of the
parklet.
C. Permittees holding a liquor license
shall be required to provide proof of dram
shop insurance covering the permitted
parklet area.
3-4H-10:LITTER:
The permittee shall be responsible for
keeping the parklet area free of trash or
litter,and collecting and removing daily all
garbage, litter, and other debris in its
immediate vicinity.
3-4H-11:RESTRICTIONS ON SMOKING
AND ALCOHOLIC BEVERAGES:
Operators shall enforce the following
prohibitions or restrictions:
1.Smoking tobacco or using an electronic
smoking device at a parklet may be
permitted in accordance with the Iowa
Smoke-Free Air Act.
2.Alcoholic beverages may be served at
parklets pursuant to a valid liquor control
license,and in accordance with state and
local alcoholic beverage control laws,
provided the following additional require-
ments are met:
a.Patron entrance to and egress from the
parklet shall be controlled by operators of
the establishment,who shall continuously
monitor the parklet during times alcoholic
beverages are being sold or consumed,
and
b.No alcoholic beverages may be sold or
served to patrons later than 12:00 a.m.
No person shall consume alcoholic
beverages on the parklet after 12:00 a.m.
c. No person shall be permitted to
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consume any aiconouc oeverages wimin
the parklet that were not purchased on
the premises,and
d.Operators shall ensure that no person
loiters in the clear path of pedestrian
travel. Patrons may be in possession of
an alcoholic beverage in the clear path of
pedestrian travel only for the purpose of
moving to the parklet from the adjoining
indoor restaurant or vice versa.
3-4H-12:PARKLET REGULATIONS FOR
OPERATION AND CONSTRUCTION:
A. City departments listed in Section
3-4H-6(E) shall have the authority to
develop policies and standard require-
ments for parklet design and construction
in addition to regulations listed in this
Section, which shall be subject to
approval by city council resolution.
B.The following regulations for operation
and construction shall apply to all
parklets:
1.Date and Time of Operation:A parklet
may only operate from April 1 to
November 1.Parklets shall not operate or
allow patrons to congregate in the parklet
between the hours of 12:00 a.m.and 6:00
a.m.daily.If a parklet is not in operation
for the entire period,the annual permit fee
shall not be prorated.
2. Location:All parklets may be located
on a parking stall on public right-of-way in
the Central Business district. Such an
area shall be immediately adjacent to the
establishment of which it is apart and,if
the establishment also has a sidewalk
café, provide (5) feet of public right-of-
way available for pedestrian traffic.
Parklets shall be adjacent to an establish-
ment.
3. Barrier: Parklets shall have a three-
sided barrier.This barrier shall provide an
aesthetically pleasing separation from
surrounding uses as determined by
standards set out in this ordinance and by
requirements established by the Main
Street Design Review Board.
4.Accessibility:Parklets shall be accessi-
ble from the permitted premises to which
it is attached.No tables or chairs will be
permitted within ten (10) feet of a
pedestrian crosswalk. There shall be a
distance separation of no less than two
(2) feet separating the structure of the
parklet and the adjacent travel lane. No
portion of any object placed within the
parklet boundary shall extend into an
adjacent pedestrian sidewalk,without first
obtaining approval from the city.
5.Occupancy:A parklet shall not exceed
one person per ten (10) square feet of
floor area accessible to the public.
6.Lighting:A Parklet shall be adequately
lit by use of non-obtrusive lighting,which
shall not be directed toward any
residential use, or the public street.
Electrical extension cords shall be safely
secured in a manner that mitigates
tripping or other hazards.
7.Amplified Sound Equipment:Amplified
sound equipment may be permitted in
accordance with the city noise ordinance.
8. Code Compliance: Parklets shall
comply with appropriate building,housing,
and fire codes and with all other
applicable federal,state,and city statutes.
The parklet shall be constructed and
installed to conform to all applicable
federal, state, or county laws or regula-
tions. The permittee shall have the
continuing obligation of compliance with
the Americans with Disabilities Act, as
same may be amended from time to time.
9. Inspections: The city shall inspect
parklets at least once per year outside of
the application process at the same time
inspection of the adjacent permitted
establishment occurs.The city may,at its
discretion,inspect a parklet at any other
time as deemed necessary to ensure
compliance with city ordinances.
10. Perimeter Changes: Any change to
the perimeter of the parklet is subject to
the approval of city departments listed in
the application process and Main Street
Design Review Board.
11. Right-of-Way: Permittee shall pre-
serve and protect all existing trees and
plantings in the public right-of-way within
the immediate vicinity of the parklet.
Permittee shall be required to replace or
mitigate entirely at permittee's expense,
any damage to the public right-of-way or
private property as a result of the parklet
construction, installation, placement, op-
eration,maintenance or removal.
12. Fire Prevention:Awnings, umbrellas,
and other decorative material accessory
to the parklet shall be fire retardant,
pressure treated or manufactured of fire
resistive material.
13.Maintenance:Tables,chairs,umbrel-
las, and any objects accessory to the
parklet shall be maintained in a clean and
attractive appearance, shall be in good
state of repair at all times and shall be
maintained in accordance with the
approved maintenance plan and shall
keep the landscaping and plants in a
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good,healthy and vibrant condition.
14.Litter and Debris:The parklet shall be
maintained in a neat and orderly
appearance at all times and the area shall
be cleared of all litter and debris on a
periodic basis during the day,and again
at the close of each business day in
compliance with the approved mainte-
nance plan.
15. Accessory Items and Planters:
Tables,seating,umbrellas and any other
items accessory to the parktet shall be of
a quality design and lasting materials,and
workmanship both to ensure the safety
and convenience of the users and to be
compatible with the uses in the immediate
vicinity of the parklet. If the parklet
includes planters, the planters shall be
placed within the parklet boundaries but
shall be secured to ensure that they do
not move onto the adjacent sidewalk.No
planters with wheels are to be permitted.
16. Safety Requirements: The following
safety measures shall be required for
parklets:
a. A three-foot wheel stop or other
appropriate'stops'such as planters shall
be installed one(1)foot from the curb at
the edge of the front and back of parking
spaces.When parklets are installed on a
portion of a parallel parking space,wheel
stops or other appropriate"stops"such as
planters should be set back four(4)feet
from the parklet.
b.Traffic safety devices,including but not
limited to flexible bollards may be
required depending on existing conditions
and site layout to properly protect the
parklet and its patrons.Parklets shall be
required to have soft-hit posts, wheel
stops and barriers on all edges of the
parklet platform.
c.Reflective elements are required at the
outside corners of all parklets. Soft-hit
posts are a standard solution deployed at
the outside edges;however,the city shall
consider and may require additional
safety measures including flexible bol-
lards, reflective elements or other solu-
tions incorporated into the parklet design
if warranted.
17.Fire Hydrant Clearance:Parklets shall
not be permitted in front of a fire hydrant,
over a manhole, public utility valve or
cover. A clearance of three (3) feet in
either direction of the hydrant along the
length of the street shall separate parklets
from fire hydrants.
18.Cost of Maintenance,Operation,and
Compliance: The permittee shall, at its
sole cost and expense, construct, oper-
ate, maintain, repair and remove the
parklet and perform such acts and do
such things as shall be lawfully required
by any public body having jurisdiction
over the parklet to install, construct,
operate,use,maintain,and repair in order
to comply with health and sanitary
requirements, fire hazard requirements,
zoning requirements, building code re-
quirements, city engineering standards,
environmental requirements and other
similar regulatory requirements. The city
may require the permittee to provide
additional services beneath the parklet
platform,including but not limited to pest
abatement service and clearing of catch
basin grates to allow proper storm
drainage. Such requirements shall be at
the sole cost of the permittee.
3-4H-13: TAXES, ASSESSMENTS; OP-
ERATING COSTS AND UTILITY
CHARGES:
The permittee shall pay or cause to be
paid all applicable real estate taxes,
assessments, and other similar pay-
ments,usual or unusual,extraordinary as
well as ordinary, which shall during the
term be imposed upon,become due and
payable, or become a lien upon the
parklet or any part thereof,but specifically
limited to such taxes or assessments
which accrue after the effective date of
the parklet permit. Permittee shall, upon
request, exhibit a receipt for such
payments to the City. Further, permittee
shall pay or cause to be paid all operating
expenses, such as those for light,
electricity,charges for water,and all costs
attributable to the maintenance and
operation of all parklet improvements to
be erected within the license area for the
parklet or landscaping related thereto.
3-4H-14:APPEAL:
A person may appeal a decision of the
city clerk to deny an application by filing a
written appeal to the office of the city clerk
within fourteen (14) days of the date of
the decision.An administrative fee of fifty
dollars($50.00)shall be paid at the time
the appeal is filed. Failure to file the
appeal and pay the administrative fee
shall constitute a waiver of the right to a
hearing, and the denial shall thereupon
become final. If the written appeal and
administrative fee are filed in conform-
ance with this section,a hearing shall be
scheduled and conducted pursuant to
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a-vn-iolDl.
3-4H-15: DENIAL, SUSPENSION, OR
REVOCATION OF PERMIT:
A.Any permit issued under the provisions
of this Article may be denied,suspended,
or revoked by the city clerk as follows:
1.Violation of any provision of this Article,
any other section of this Code, or has
otherwise conducted business in an
unlawful manner.
2. Fraud, misrepresentation, or false
statements made in securing a permit and
made in the course of the applicant's
business.
3.Failure to cooperate with all reasonable
requests of any official of the city.
4.A permittee or employee of a permittee
selling any unwholesome or tainted food
or food products.
5.Failure of any permittee to maintain the
appropriate insurance, or county, state,
and federal licenses and permits,during
the term of the permit.
7.Failure to pay on time any fee owed to
the city.
8. Being deemed a chronic nuisance
property pursuant to Title 5,Chapter 5 of
this Code.
9.Failing to pass an inspection or remedy
inspection violations in a timely manner.
B. Upon receipt of information alleging
grounds exist to deny,suspend,or revoke
a parklet permit,or a written appeal and
administrative fee have been received at
the office of the city clerk,the city clerk
shall cause a notice to be sent by
ordinary mail to the applicant or permittee
at the address noted in the application.
Said notice shall state that a hearing has
been set before the city council not more
than thirty(30)days from the date of the
notice. The notice shall include the
reason and grounds for the hearing,the
date and time of the hearing, and the
place where the hearing will be conduc-
ted.Upon such hearing,if the city council
determines that one or more of such
grounds do exist, it may suspend or
revoke an existing permit or uphold a
decision to deny a permit.A suspension
shall constitute a minimum period of
fourteen(14)calendar days from the date
of the hearing, during which period the
permittee may not conduct any business.
In the event such permit is revoked, no
parklet permit shall be issued to the
permittee for one(1)subsequent parklet
season following the revocation.
C. A permittee shall, within five (5)
calendar days from the date of revoca-
tion,remove the parklet.If the permittee
files an appeal,such parklet may remain
in operation through the appeal process.
If the permittee loses the appeal, the
permittee shall at its own expense,
remove the parklet within five(5)calendar
days of the date of the denial of the
appeal.
D.In the event of revocation,the city clerk
shall notify the Iowa Beer and Liquor
Control Department. The permit holder
may appeal the revocation to the Iowa
Beer and Liquor Control Department
Hearing Board, pursuant to Section
123.32, Code of Iowa. Revocation or
suspension of authorization by the city of
operation of a parklet shall not affect the
licensing of the principal establishment
unless separate action to suspend or
revoke that license or permit is also
initiated by the City Council.
3-4H-16:REMOVAL OF PARKLET:
The city reserves the right to require a
parklet to temporarily suspend or cease
operation or remove the parklet for an
emergency or any other reason so that
the city may access public right of way.
The cost to remove and clean up a
parklet shall be at the permittee's
expense.In the event that city infrastruc-
ture causes damage to the parklet, the
city shall not be liable for such damage.
Parklets shall be removed within five(5)
business days of the expiration of the
permit.If the permittee fails to remove the
parklet when directed by the city or within
fourteen(14)days after the expiration of
the permit, the city may remove the
parklet and the cost thereof shall be
assessed against the adjacent property.
3-4H-17:PENALTY:
Any person who violates any of the
provisions of this Article shall be guilty of
a municipal infraction and fined as
provided in subsection 1-3-2 of this Code.
3-4H-18:SEVERABILITY:
If any provision or clause of this Article or
its application to any person or in any
circumstances is held invalid, such
invalidity shall not affect other provisions
or applications of this Article, which can
be given effect without the invalid
provision,or application,and to this end,
the provisions of this Article shall be
severable.
Passed on January 16, 2024, and
effective upon publication of this ordi-
nance,