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Home My WebLink About3487-06/15/1987 ORDINANCE NO. 3487 AN ORDINANCE AMENDING ORDINANCE NO. 2479 , AS AMENDED, KNOWN AS THE ZONING ORDINANCE OF THE CITY OF WATERLOO, IOWA, BY ADDING: SECTION 2A-2 A, INTERPRETATION PERTAINING TO FLOOD MANAGEMENT; AND BY REPEALING: SUBSECTIONS ( 41) FACTORY-BUILT STRUCTURE, ( 86) MOBILE HOME, AND ( 87 ) MOBILE HOME PARKS OR SUBDIVISIONS, OF SECTION 2A-3 , DEFINITIONS, UNDER PART III ; AND ENACTING IN LIEU THEREOF NEW: SUBSECTIONS ( 41 ) FACTORY-BUILT STRUCTURE, ( 86 ) MOBILE HOME, AND ( 87 ) MOBILE HOME PARKS OR SUBDIVISIONS, OF SECTION 2A-3 , DEFINITIONS, UNDER PART III ; AND BY ADDING: SUBSECTIONS ( 32a) DEPARTMENT OF WATER, AIR AND WASTE MANAGEMENT (DWAWM) , ( 41a) FACTORY-BUILT HOME PARK, ( 82a) LOWEST FLOOR, AND ( 84a) MEAN SEA LEVEL, TO SECTION 2A-3 , DEFINITIONS, UNDER PART III ; AND BY ADDING: SECTION 2A-4 B, FINDING OF FACT, TO PART IV, DISTRICT AND BOUNDARIES THEREOF; AND BY REPEALING: SUBSECTION 3 . j OF SECTION 2A-41 ; AND BY REPEALING: SUBSECTION 2b OF SECTION 2A-41A, "F-F" FLOODWAY FRINGE (OVERLAY) DISTRICT, OF PART XVII , "U-1" UNCLASSIFIED DISTRICT; AND BY ENACTING IN LIEU THEREOF A NEW: SUBSECTION 2b OF SECTION 2A-41A, "F-F" FLOODWAY FRINGE (OVERLAY) DISTRICT, OF PART XVII , "U-1" UNCLASSIFIED DISTRICT; AND BY ADDING: SUBSECTIONS 2m AND 2n TO SECTION 2A-41A, "F-F" FLOODWAY FRINGE (OVERLAY) DISTRICT, OF PART XVII , "U-1" UNCLASSI- FIED DISTRICT; AND BY REPEALING: SUBSECTION 3a OF SECTION 2A-52 , CONDITIONAL USES, APPEALS, AND VARIANCES, OF PART XXIII , BOARD OF ADJUST- MENT; AND ENACTING IN LIEU THEREOF A NEW: SUBSECTION 3a OF SECTION 2A-52 , CONDITIONAL USES, APPEALS, AND VARIANCES, OF PART XXIII , BOARD OF ADJUST- MENT; 424 N 'I) N goo 274 fuf 785 Ordinance No. 3487 Page 2 AND BY ADDING: SUBSECTION 5e TO SECTION 2A-52 , CONDITIONAL USES, APPEALS, AND VARIANCES, OF PART XXIII , BOARD OF ADJUST- MENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Section 2A-2 A, Interpretation Pertaining to Flood Management, and Section 2A-2 B, Performance Standards Pertaining to Flood Management, under Part II , Interpretation of Standards, of the Zoning Ordinance, are hereby enacted as follows: Section 2A-2 A. Interpretation Pertaining to Flood Manage- ment. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State statutes. That Subsections ( 41) Factory-Built Structures, ( 86) Mobile Homes and ( 87 ) Mobile Home Parks or Subdivisions, of Section 2A-3 , Definitions, under Part III , of the Zoning Ordinance are hereby repealed in their entirety; that new Subsections ( 41 ) Factory- Built Structure, ( 86 ) Mobile Home, and ( 87 ) Mobile Home Parks or Subdivisions, of Section 2A-3 , Definitions, under Part III , of the Zoning Ordinance, are hereby enacted in lieu thereof as follows: ( 41 ) Factory-Built Structure: Any structure, designed for residential use, which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation, on a building site. For the purpose of flood management, factory-built homes include mobile homes, manufactured homes and modular homes and also include park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. ( 86 ) Mobile Homes: Any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons; but shall include any such vehicle with motive power not registered as a motor vehicle in Iowa. A mobile home shall not be construed to be a travel trailer or other form of recreational vehicle. A mobile home shall be con- strued to remain a mobile home, subject to all regulations applying thereto whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. Nothing in this ordinance shall be construed as permitting a. mobile home in other than an approved location, as specified in this ordinance. Where found in the ordinance pertaining to flood management, this shall also mean factory-built homes . ( 87 ) Mobile Home Parks or Subdivisions : Any lot or portion of a lot upon which two ( 2 ) or more mobile homes or trailers occupied for dwelling or sleeping purposes are located regardless whether or not a charge is made for such accommo- dation. Where found in the ordinance pertaining to flood management, this shall also mean factory-built home parks or subdivisions. ;1)(1K 274 PAGE "/813 Ordinance No. 3487 Page 3 That Subdivisions ( 32a) Department of Water, Air and Waste Management (DWAWM) , ( 41a) Factory-Built Home Park, ( 82a) Lowest Floor, and ( 84a) Mean Sea Level are hereby added to Section 2A-3 , Definitions, under Part III , of the Zoning Ordinance, as follows : ( 32a) Department of Water, Air and Waste Management (DWAWM) : Where found in the ordinance pertaining to flood management, this shall mean Department of Natural Resources. ( 41a) Factory-Built Home Park: A parcel or contiguous parcels of land divided into two or more factory-built home lots for rent or sale. ( 82a) Lowest Floor: The floor of the lowest enclosed area in a building including a basement, except when all the following criteria are met: (a) The enclosed area is designed to flood to equalize hydrostatic pressure during floods with walls or openings that satisfy the provisions of Section V A4 .a; and, (b) The enclosed area is unfinished (not carpeted, drywalled, etc. and used solely for low damage potential uses such as building access, parking or storage; and (c) Machinery and service facilities (e.g. , hot water heater, furnace, electrical service) contained in the enclosed area and located at least one ( 1 ) foot above the 100-year flood level; and (d) The enclosed area is not a "basement" as defined in this section. In cases where the lowest enclosed area satisfies criteria a, b, c, and d above, the lowest floor is the floor of the next highest enclosed area that does not satisfy the criteria above. ( 84a) Mean Sea Level: Where found in the ordinance pertain- ing to flood management, this shall mean National Geodetic Datum. That Section 2A-4 B, Finding of Fact, is hereby added to Part IV, District and Boundaries Thereof , of the Zoning Ordinance, as follows : 2A-4 B. Finding of Fact. 1 . The flood hazard areas of Waterloo are subject to periodic inundation which can result in loss of life and property and health; and, safety hazards , disruption or commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base; all of which adversely affect the health, safety, and general welfare of the community. 2 . These losses, hazards and related adverse effects are caused by (i) the occupancy of flood hazard areas by uses vulnerable to flood damages which create hazardous conditions as a result of being inadequately elevated or otherwise protected from flood ( ii) the cumulative effect of flood plain construction on flood flows , which causes increases in flood heights and flood water velocities. B00#� 274flUITP Ordinance No. 3487 Page 4 3 . This ordinance relies upon engineering methodology for analyzing flood hazards which is consistent with the standards established by the Department of Natural Resources . That Subsection 3 . j of SEction 2A-41 "F-W" Floodway (Overlay) District of Part XVII , "U-1" Unclassified District, of the Zoning Ordinance, is hereby repealed in its entirety. That Subsection 2b of Section 2A-41A, "F-F" Floodway Fringe (Overlay) District, of Part XVII , "U-1" Unclassified District, of the Zoning Ordinance, is hereby repealed in its entirety; that new Subsection 2b of Section 2A-41A, "F-F" Floodway Fringe (Overlay) District, of Part XVII , "U-1" Unclassified District, of the Zoning Ordinance, is hereby enacted in lieu thereof as follows: 2A-41A. "F-F" Floodway Fringe (Overlay) District 2 . Performance Standards . b. Residential buildings - All new or substantially improved residential structures shall have the lowest floor, including basements, elevated a minimum of 1 . 0 feet above the 100 year flood level. Construction shall be upon compacted fill which shall, at all points , be no lower than 1 . 0 feet above the 100 year flood level and extend at such elevation at least 18 feet beyond the limits of any structure erected thereon. Alternate methods of elevating ( such as piers) may be allowed, subject to favorable consideration by the Board of Adjust- ment and Issuance of a Special Exception Permit, where existing topography, street grades, or other factors preclude elevating by fill. In such cases, the methods used must be adequate to support the structure as well as withstand the various forces and hazards associated with flooding. All new residential buildings shall be provided with a means of access which will be passable by wheeled vehicles during the 100-year flood. That Subsection 2m and 2n are hereby added to Section 2A-41A, "F-F" Floodway Fringe (Overlay) District, of Part XVII , "U-1" Unclassified District, of the Zoning Ordinance, as follows : 2A-41A. 2 . m. All new and substantially improved structures. a. Fully enclosed areas below the "lowest floor" (not including basements) that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: ( 1 ) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. ( 2 ) The bottom of all openings shall be no higher than one foot above grade. BOOK 274 pAGE 788 Ordinance No. 3487 Page 5 ( 3 ) Openings may be equipped with screens, lou- vers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters. b. New and substantially improved structures must be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. c. New and substantially improved structures must be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulat- ing within the components during conditions of flooding. 2A-41A. 2 . n. Factory-built homes including those placed in existing factory-built home parks or subdivisions shall be anchored to resist flotation, collapse, or lateral movement. Factory-built homes including those placed in existing factory-built home parks or subdivisions shall be elevated on a permanent foundation such that the lowest floor of the structure is a minimum of one ( 1) foot above the 100-year flood level. That Subsection 3a of Section 2A-52, Conditional Uses, Appeals, and Variances, of Part XXIII , Board of Adjustment, of the Zoning Ordinance, is hereby repealed in its entirety; that new Subsection 3a of Section 2A-52 , Conditional Uses, Appeals, and Variances, of Part XXIII , Board of Adjustment, of the Zoning Ordinance, is hereby enacted in lieu thereof as follows: 2A-52. 3 . a. No variance shall be granted for any development within the Floodway District which would result in any increase in the 100-year level. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands. That Subsection 5e is hereby added to Section 2A-52 , Condi- tional Uses, Appeals, and Variances, of Part XXIII, Board of Adjustment, of the Zoning Ordinance, as follows: 2A-52. 5.e. e. Flood proofing measures. Flood proofing measures shall be designed consistent with the flood protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The Board of Adjustment shall require that the applicant submit a plan or document certified by a registered professional engineer that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particu- lar area. B0(}K274 AGE 89 Ordinance No. 3487 Page 6 PASSED AND ADOPTED by the City Council this 15th day of June, 1987 , and approved by the Mayor this 17th day of June, 1987 . rrfv�- Bernard L. Mc in ey, ayor // ATTEST: furl . Michelle Temeyer, Deputy Clerk/Auditor CERTIFICATE I , Michelle Temeyer, Deputy Clerk/Auditor of the City of Waterloo, Iowa, do hereby certify that attached hereto is a true and complete copy of Ordinance No. 3487 , as passed and adopted by the Countil of the City of Waterloo, Iowa, on the 15th day of June, 1987 . Witness my hand and seal of office this 17th day of June, 1987 . A " f r Michelle Temeyer Deputy Clerk/Auditor INDDE D'- COMPARED T- 1800(1 PAGED tLoti BLACK HAWK COUNTY, IOWA:SS Filed for record‘9 ))10 a 919 S 7 at / M, and recorded in -Thi,4.5r_ • Book a�4-, Page rig 5 Recorder Deputy fee , o.0o /14,—,LZIn (51) _q__, GOOK 274 PAGE 790 ____------ LEGAL: ORDINANCE 3487 STATE OF IOW A, I do solemnly swear that the annexed copy of ss WATERLOO CITY OF Black Hawk County, `11t1tCCI00 LOtlt• lCr a daily newspaper printed in Waterloo, notice was published in the l �--em —ewe _---- s►- OROINANCE No:aej Black Hawk County, Iowa once J► in the issue/of --- ORDINANCE ORDINAfiCE AMENDING ORDINANAS AMENDED, NE NO. 2479 AS THE _94rel 4�14J_.------- ZONING ORDININ ANCE OF THE CITY OF WATERLOO, IOWA, J U LY 2n d + �-987 BY ADDING: SECTION 2A-2 A, INTER- PRETATION PERTAINING TO FLOOD MANAGEMENT; AND B REPEALING: of said newspaper, and that the annexed rate of SUBSECTIONS (41) FACTORY- BUILT STRUCTURE, (86) er, and that the following Is a correct bill for • MOBILE HOME, AND (87) MOBILE HOME PARKS OR advertising is the regular legal rate of saidnewsy / ✓; (/ L A-3,T DEFIINITIONS,SUBDIVISIONS, OF SECTION publishing said notice. ( 7 PART III; Printer's •Bill S AND ENACTING IN LIEU THEREOF NEW: � .� SUBSECTIONS(41) FACTORY- BUILT STRUCTURE, (86)MOBILE Signed HOME, AND MOBILE HOME PARKS (87)OR _S�G +�F—�—daY of PARTSUBD III;IS10N5 2A• , OF SECTION bscribed and sworn to before me this �.- 3, DEFINITIONS, UNDER - PART II AND BY ADDING: A.D., �9 SUBSECTIONS (32a) DEPART- MENT OF WATER, AIR AND WASTE MANAGEMENT �� BUILT(DWAWM), (41a) FACTORY- LOWESTHFLOORP q C (82a) Notary Public MEAN SEA LEVEL, TO SEC- �— UND 2PA DEFINITIONS, UNDER PART III; Received of AND BY ADDING: SECTION TAPING: FINDING OF Dollars FACT,TO PART IV, DISTRICT ANDBOUNDARIESTHEREOF; the sum of AND BY REPEALING: SUBSECTION 3.( OF SECTION in full for publication of the above notice. 2A-41;