The Waterloo Central Overlay District shall consist of that part of the city as depicted upon the Waterloo Central Overlay District Map and as described in the Waterloo Central Overlay District Perimeter Description.

(Ord. 1333, passed 4-25-2005)

   The zoning of the premises located in the Waterloo Central Overlay District shall be R-1, R-2, R-3, R-5, B-2, B-3, and I-1 as depicted upon the Waterloo Central Overlay District Map and as described in the legal descriptions for B-2-1, B-3-1, I-1-1, R-1-1, R-2-1, R-2-2, R-3-1, R-3-2, R-3-3, R-5-1, R-5-2, and R-5-3 zoning.

(Ord. 1333, passed 4-25-2005)

   The following regulations apply only to those premises within the Waterloo Central Overlay District other than the R-1 zoned area:

   (A)   An existing nonconforming structure may be replaced by a new structure for the same use, provided the new structure is not less conforming to the requirements of this code.

   (B)   In a B-3 or I-1 zoned district, an existing nonconforming structure may be made larger or replaced by another nonconforming structure only with approval of the City Council, provided utilities are not affected.

   (C)   In residential zoned districts, an existing nonconforming structure may be made larger or replaced by another nonconforming structure which extends further along the existing or prolonged nonconforming building line, but no closer to the property line, only with approval of the City Council and provided utilities are not affected. The Zoning Administrator shall give written notice to all adjoining property owners of such application and shall certify that he or she has done so.

   (D)   Uses in addition to those listed in § 40-2-3(B), which are compatible in the judgment of the City Council, may be approved by the City Council for specific sides within the B-3, Central Business District, and I-1, Light Industrial, zoned areas; and within the R-3, Single-Family Dwelling, zoned district on Park Street only:

      (1)   The particular site (building) is an appropriate location for such a use or business.

      (2)   The use as developed will not adversely affect the neighborhood.

      (3)   Nuisance or adverse health considerations concerning the proposed location.

      (4)   Adequate and appropriate facilities will be provided for the proper operation of the proposed use.

      (5)   The qualifications, health and background of the operator, as applicable.

   (E)   A nonconforming use may be changed to a different nonconforming use only with the approval of the City Council. The proposed nonconforming use must be compatible with the standards listed in division (D) of this section.

   (F)   The parking requirements of Article VI do not apply to businesses within this district.

(Ord. 1333, passed 4-25-2005; Am. Ord. 1354, passed 11-7-2005; Am. Ord. 1552, passed 6-28-2010)

   The City Council may act on an application under the regulations of § 40-2-3 in accordance with the following:

   (A)   All applications to the City Council shall be in writing. Every application shall refer to the specific regulation involved and shall exactly describe the structure or use for which approval is sought.

   (B)   For applications for approval for regulations as set forth in § 40-13-3(B), (C), and (D), the Zoning Administrator, at the applicant's expense, shall, at least 15 days before the scheduled City Council meeting, serve a copy of notice by certified mail, return receipt requested, on the owners, as recorded in the office of the Monroe County Recorder of Deeds and as appears from the authentic tax records of Monroe County, of all property abutting the property affected by the application, provided the area occupied by all public roads, streets, alleys, and other public ways shall be excluded in determining the location of abutting property. The Zoning Administrator shall furnish the City Council proof of service of the notice required in this section before action is taken on any application.

(Ord. 1333, passed 4-25-2005; Am. Ord. 1774, passed 3-4-2019)