HomeMy WebLinkAbout3102-09.22.1980 (RECORDED) •
ORDINANCE NO. 2 / 0 -02_
AN ORDINANCE AMENDING ORDINANCE NO. 2479, AS AMENDED, KNOWN AS THE ZONING
ORDINANCE, BY REPEALING SUBSECTIONS D-l4 AND D-15 OF SECTION 2A-45, OFF-
STREET PARKING AREA REQUIRED, UNDER PART XIX, PARKING AND LOADING AREAS,
PUBLIC GARAGES, PARKING LOTS AND FILLING STATIONS, AS AMENDED BY ORDINANCE
NO. 3050 AND ENACTING IN LIEU THEREOF NEW SUBSECTIONS D-l4 AND D-15 OF
SECTION 2A-45, OFF-STREET PARKING AREA REQUIRED, UNDER PART XIX, PARKING
AND LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND FILLING STATIONS; ALSO
BY REPEALING SECTION 2A-55, AMENDMENTS, UNDER PART XXVI, ,AMENDMENTS, AND
ENACTING IN LIEU THEREOF NEW SECTION 2A-55, AMENDMENTS, UNDER PART XXVI,
AMENDMENTS; AND BY REPEALING SECTION 2A-7(E) , ACCESSORY BUILDINGS, UNDER
PART V, GENERAL REGULATIONS, AND ENACTING IN LIEU THEREOF A NEW SECTION
2A-7(E) , ACCESSORY BUILDINGS, UNDER PART V, GENERAL REGULATIONS.
BE IT ORDAINED by the City Council of the City of Waterloo, Iowa:
That Section 2A-7 (E) , Accessory Buildings, under Part V, General Regulations,
' of the Zoning Ordinance, is hereby repealed in its entirety; that new Section
2A-7(E) , Accessory Buildings, under Part V, General Regulations, of the Zoning
Ordinance, is hereby enacted in lieu thereof as follows:
"E. Accessory Buildings. No accessory building shall be erected until after
the principal permitted use is erected and shall not be erected in any required
court, or front yard. Accessory buildings shall be a distance of at least five (5)
feet from alley lines or rear lot lines; and at least five (5) feet from lot lines
of adjoining lots which are in any "R" District; and at least three (3) feet from
the principal permitted use on said lot, except that accessory buildings constructed
in the rear sixty (60) percent of the lot may be erected three (3) feet from any
interior lot line, and on corner lots they shall conform to the setback regulations
on the side street. Accessory buildings, except stables, may be erected as a part
of the principal building, 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 accessory building which is not a part of
the main building shall not occupy more than thirty (30) percent of the rear yard,
shall not exceed fifteen (15) feet in height, and any accessory buildings shall not
cover more than eight hundred (800) square feet of the rear yard in conjunction
with any one and two family residence, however, this regulation shall not be
interpreted to prohibit the construction of a four hundred forty (440) square foot
garage on a minimum rear yard."
That Subsections D-14 and D-15 of Section 2A-45, Off-Street Parking Area Required,
under Part XIX, Parking and Loading Areas, Public Garages, Parking Lots and Filling
Stations, of the Zoning Ordinance (as amended by Ordinance No. 3050) are hereby
repealed in their entirety; that new Subsections D-14 and D-15 of Section 2A-45,
Off-Street Parking Area Required, under Part XIX, Parking and Loading Areas, Public
Garages, Parking Lots and Filling Stations, are hereby enacted in lieu thereof as
follows:
"14) Restaurants.
a) Standard Type: Where customers are normally provided with an individual
menu and are served their food or beverages by a restaurant employee at
the same table or counter at which said items are consumed. One (1)
parking space for each one hundred (100) square feet.
b) Fast Food Type: Where customers are normally served their food or
beverages in disposable containers for consumption on the premises or
within a motor vehicle.
1) With a drive-up window -- one (1) parking space for every one and
seventy-five hundredths (1.75) seats with a minimum of at least
ten (10) spaces.
2) Without a drive-up window -- one (1) parking space for every one and
one-half (1.5) seats with a minimum of at least ten (10) spaces.
15) Retail Stores, Supermarkets, Drug and Sundries Stores, Department Stores, etc.
a) For stores over two thousand (2,000) square feet, five (5) parking spaces
for each and every one thousand (1,000) square feet of floor area.
b) For shops under two thousand (2,000) square feet, one (1) parking space
for each two hundred fifty (250) square feet of floor area and one (1)
space for each two (2) persons regularly employed on the premises;
CITY ASSESSOR provided, however, there shall not be less than five (5) parking spaces."
WATERLOO,Ia A BOOK 235 PAGE 873
A
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vs
That Section 2A-55, Amendments, under Part XXVI, Amendments, of the Zoning
Ordinance, is hereby repealed in its entirety; that new Section 2A-55, Amendments,
under Part XXVI, Amendments, of the Zoning Ordinance, is hereby enacted in lieu
thereof as follows:
"PART XXVI
Amendments
2A-55 AMENDMENTS.
A. The City Council may, from time to time, on its own action or on petition,
after public notice and hearings as provided by law, and after report by the Zoning
Commission, amend, supplement, or en nge the boundaries or regulations herein or
subsequently established, and such amendment shall not become effective except by the
favorable vote of a majority of all the members of the City Council.
B. 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 desire duly signed by the owners of fifty (50) per cent of the area
of all real estate included within tha 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 notify by mail all
parties concerned as shown on said plat of a hearing to be held by said Commission.
The notice of hearing shall be mailed at least ten (10) days prior to the hearing
and shall contain a 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 meeting suspend the above hearing
requirement and initiate the rezoning request.
C. in case the proposed amei dliient, supplement or change be disapproved by
the Zoning Commission 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 street of such opposite lots, such amendment shall not become
effective except by 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 regulations herein contained or subsequently established shall have been
denied by the City Council, no new petition covering the same property or the same
property and additional property or any portion of the same property shall be filed
with or considered by the City Planning Commission until four (4) months shall have
elapsed from the date of denial by the City Council.
D. 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 datgbf 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
indicating good faith to complete such construction.
E. Before any action shall be taken as provided in this part, the party or
parties proposing or recommending a change in the district regulations or district
boundaries shall deposit with the City Treasurer the sum of seventy-five dollars
($75.00) to cover the costs of this procedure and under no condition shall said sum
or any part thereof be refunded for failure of said amendment to be enacted into law.
BOOK 235 PAGE 74
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F. In the case of a request for Conditional Zoning the party or parties
proposing or recommending such amendment shall deposit with the City Treasurer
the sum of one hundred dollars ($100.00) to cover the costs of this procedure
and under no condition shall said sum or any part thereof be refunded for failure
of said amendment to be enacted into law."
PASSED AND ADOPTED by the City Council this rja day of Sap g_n--j Qj►; 1980,
and approved by the Mayor this 33 day of S aW] Q,M b , 1980.
Leo P. Rooff, yor
ATTEST:
INDEXED old 5225
COMPARED,,a; BLACK HAWK COUNTY, IOWA:SS
PAGED�� Filed for record OC;t 9 19
P. ger, City erk
at 1-4:y0 PM, and recorded in
Yf-6, -t.. Book a35
Page c9 7 3
a 33J
(1$
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II
BOflK 235 PAGE 875
STATE OF I,
IOWA, Robert J . Mc Coy
SS Waterloo Courier
Black Hawk County, Publisher of the `�
a daily newspaper printed in the English
language and published in Waterloo, Black Hawk County, Iowa do solemnly swear that
the annexed copy of Ordinance N o . 3102
notice was published in the English language only y
ORDINANCE NO.3102
AN ORDINANCE AMENDING once ,f fkg etit1GYgli �
ORDINANCE NO, 2479, AS d` l�VT (LVLCD�O
AMENDED, KNOWN AS THE
ZONING ORDINANCE, BY
REPEALING SUBSECTIONS D-14 commencing on the25 t h day of September 19 80
AND D-15 OF SECTION 2A-45,
OFF-STREET PARKING AREA in the issues of September 251 1980
REQUIRED, UNDER PART XIX,
PARKING AND LOADING AREAS,
PUBLIC GARAGES,PARKING LOTS of said newspaper, and
AND FILLING 'STATIONS, ASAMENDE
BY
3050 ANDDENACTING AINCE NO. that the annexed rate of advertising is the regular legal rate of
THEREOF NEW SUBSECTIONS D-14
AND D-15 OF SECTION 2A-45, said newspaper, and that the following is a correct bill for pub-
OFF-STREET PARKING AREA
REQUIRED, UNDER PART XIX, lishingsaid notice.
PARKING AND LOADING AREAS,
PUBLIC GARAGES,PARKING LOTS Printer's Bill $ 6 C• 7i.
AND FILLING STATIONS;ALSO BY
REPEALING SECTION 2A-55,
AMENDMENTS, UNDER PART _ -, -
XXVI, AMENDMENTS, AND _ - -
ENACTING IN LIEU THEREOF -- — — ----r
NEW SECTION 2A -55, ( \
AMENDMENTS, UNDER PART ) '
XXVI, AMENDMENTS; AND BY .5t
2
Subscribed and sworn to before me this 5
REPEALING SECTION 2A•7(E), h____day
ACCESSORY BUILDINGS, UNDER
PART V,GENERAL REGULATIONS, September 0
AND ENACTING IN LIEU of A. D., 1g3
THEREOF A NEW SECTION
2A-7(E), ACCESSORY BUILDINGS -
UNDER PART V. GENERAL _ ,•
REGULATIONS. Notary Public
BE IT ORDAINED by the City
Council of the City of Waterloo,Iowa:
That Section 2A-7 (El, Accessory Received of
Buildings, under Part V. General
Regulations,of the Zoning Ordinance,
Is hereby repealed in its entirety;that the sum of Dollars
new Section 2A-7 (E), Accessory
Buildings, under Part V, General
Regulations,of the Zoning Ordinance, in full for publication of the above notice.
' is hereby enacted in lieu thereof as
follows:
—E. Accessory Buildings. No
accessory building shall be erected Publisher until after the principal permitted use
is erected and shall not be erected in
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