Loading...
HomeMy WebLinkAbout3393-06/12/1985 ORDINANCE NO. 3393 AN ORDINANCE AMENDING ORDINANCE NO. 2479, AS AMENDED, KNOWN AS THE ZONING ORDINANCE FOR THE CITY OF WATERLOO, IOWA, BY REPEALING: PART III, SECTION 2A-3, DEFINITIONS: (49) FLOOD, (51) FLOOD INSURANCE RATE MAP (FIRM), (52) FLOOD INSURANCE STUDY (FIS), (57) FLOODWAY, (58) FLOODWAY FRINGE, (89) NEW CONSTRUCTION, (93) "RESERVED", AND (125) SUBSTANTIAL IMPROVEMENTS; AN!) ENACTING IN LIEU THEREOF NEW DEFINITIONS: (49) FLOOD, (51) FLOOD INSURANCE RATE MAP (FIRM), (52) FLOOD INSURANCE STUDY (FIS), (57) FLOODWAY, (58) FLOODWAY FRINGE., (89) NEW CONSTRUCTION, (93) OFFICIAL FLOOD PLAIN ZONING MAP, AND (125) SUBSTANTIAL IMPROVEMENTS; AND REPEALING, PART IV, DISTRICT AND BDUNDARIES THEREOF: AND ENACTING IN LIEU THEREOF A NEW: PART IV, DISTRICT AND BOUNDARIES; AND REPEALING, PART V, SECTION 2A-7, GENERAL REGULATIONS, SUBSECTION B-4, NON-CONFORMING STRUCTURES, (b); AND SUBSECTION B-5, NON-CONFORMING USES OF STRUCTURES OR OF STRUCTURES AND PRE14ISES IN COMBINATION, (f) AND (g) ; AND ENACTING IN LIEU THEREOF A NEW: PART V, SECTION 2A-7, GENERAL REGULATIONS, SUBSECTION B-4, NON-CONFORMING STRUCTURES, (b); AND SUBSECTION B-5, NON-CONFORMING USES OF STRUCTURES OR OF STRUCTURES AND PREMISES IN COMBINATION, (f) AND (g); AND REPEALING, PART XVII, "U-1" UNCLASSIFIED DISTRICT; AND ENACTING IN LIEU THEREOF A NEW: PART XVII, FLOODWAY AND FLOOD PLAIN DISTRICTS; AND REPEALING, PART XXIII, BOARD OF ADJUSMENT; SECTION 2A-52, APPEALS: AND ENACTING IN LIEU THEREOF A NEW: PART XXIII, BOARD OF ALOUSTMENT; SECTION 2A-52, CONDITIONAL USES, APPEALS, VARIANCES; AND ADDING, SECTION 2A-52A, HEARINGS AND DECISIONS OF THE BOARD OF ADJUSTMENT; AND REPEALING, PART XXIV, OCCUPANCY PERMITS; AND ENACTING IN LIEU THEREOF A NEW: PART X21V, PERMITS; AND REPEALING, PART XXVI, SECTION 2A-55, AMENDOENTS, SUBSECTION C. ; AND ENACTING IN LIEU THEREOF A NEW: PART XXVI, SECTION 2A-55, AMENDMENTS, SUBSECTION C.; AND ADDING, PART XXIX, DUTIES AND RESPONSIBILITIES OF THE BUILDING OFFICIAL OR HIS OFFICIAL DESIGNEE. BOOR 262 PACE 719 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IATERLOO, BLACK HAWK COUNTY, IOWA: That Part III, Section 2A-3, Definitions, of the Zoning Ordinance NO. 2479, as amended, is hereby amended by repealing the definitions: (49) Flood, (51) Flood Insurance Rate Map (FIRM), (52) Flood Insurance Study (FIS), (57) Floodway, (58) Floodway Fringe, (89) New Construction, (93) "Reserved", and (125) Substantial Improvements; all contained in said section: and That Part III, Section 2A-3, Definitions, of the Zoning Ordinance No. 2479, as amended, is hereby amended by enacting in lieu thereof the following new definitions: (49) Flood, (51) Flood Insurance Rate Nap (FIRM), (52) Flood Insurance Study (FIS), (57) Floodway, (58) Floodway Fringe, (89) New Construction, (93) Official Flood Plain Zoning Map, and (125) Substantial Improvements, as follows: PART III 2A-3 DEFINITIONS. (49) FLOOD: A temporary rise in the Channel flow or stage that results in overflow of streams or rivers or from the unusual and rapid runoff of surface waters from any source that results in water overflowing and inundating normally dry lands adjacent to the channel. (51) FLOOD INSURANCE, RATE MAP (FIRM): The official map prepared as part of (but published separately from) the Flood Insurance Study which delineates both the flood hazard areas and the risk premium zone applicable to the community. (52) FLOOD INSURANCE STUDY (PIS): A study initiated, funded and published by the Federal Insurance Administration for the purpose of evaluating in detail the existence and severity of flood hazards, providing the City with the necessary information for adopting a flood plain management program; and establishing actuarial flood insurance rates. (57) FLOUNAY: The Channel of a river or stream and those portions of the flood plains adjoining the channel, which are reasonably reouired to carry and discharge flood waters or flood flows associated with the Regulatory Flood, so that confinement of flood flows to the floodway area will not result in substantially higher flood levels and flow velocities. (58) FLOODWAY FRINGE: The land adjacent to a body of water between the Floodway and the outer (landward) limits of the flood as defined by the Regulatory Flood as delineated on the official flood plain zoning map. (89) NEW CONSTRUCTION (new buildings, new mobile home parks) : Those structures or development for which the start of construction commenced on or after June 3, 1985. (93) OFFICIAL FLOOD PLAIN ZONING MAP: The ians on file with the City of Waterloo that indicate those portions of land known as the Floodway, Floodway Fringe, General Flood Plain and Shallow Flooding which are subject to the regulations of this ordinance. BOOK a2 mE720 2 (125) SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or ilupLovement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either (a) before the improvement or repair is started, or (b) if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. That Part IV, District and Boundaries Thereof, of the Zoning Ordinance No. 2479, as amended, is hereby repealed in its entirety; and That Part IV, District and Boundaries, of the Zoning Ordinance No. 2479, as amended, is hereby enacted in lieu thereof as follows: PART IV, DISTRICT AND BOUNDARIES 2A-4 CLASSIFICATION OF DISTRICTS. 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 limit the height and bulk of buildings hereafter erected or altered, to regulate and limit the intensity of the use of lot areas and to regulate and determine the area of yards, courts, and other open spaces within and surrounding such buildings, the City of Waterloo, Iowa, is hereby divided into thirteen (13) 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 and Two Family Residence District "R-2" One and 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 "R-P" Planned Residence Districtl 2A-4A CLASSIFICATION OF FLOOD PLAIN OVERLAY DISTRICTS. In order to classify, regulate and restrict the location of trades and industries and the location of buildings designed for specific uses, to regulate dud limit the height and bulk of buildings hereafter erected or altered, to regulate and limit the intensity of the use of lot areas and to regulate and determine the area of yards, courts and other open spaces within and surrounding such buildings within established flood prone areas, the City of Waterloo, Iowa is hereby divided into four classes of flood plain "overlay" districts. The use, height and area regulations are uniform in each class of said district, and the districts shall be known as: "F-W" Floodway (Overlay) District "F-F" Floodway Fringe (Overlay) District "F-P" General Flood Plain (Overlay) District "S-F" Shallow Flood (Overlay) District 1The "R-P" District is in conjunction with other Residential Districts, ie, R-1 (R-P), R-2 (R-P), R-3 (R-P) and R-4 (R-P). mmr' P13? QArr 721 2k-5 DISTRICT BOUNDARIES AND OFFICIAL ZONING MAPS. With the exception of the Flood Plain (Overlay) Districts, the boundaries of these districts are indicated upon the Official Zoning Map of the City of Waterloo, Iowa, which the said map is made a part of this Ordinance. The said Official Zoning Map of the City of Waterloo, Iowa, and all the notations, references and other matters shown thereon shall be as much as 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 Offical Zoning Map is on file in the office of the City Clerk, at the City Hall of the City of Waterloo, Iowa, and shall bear the signature of the Mayor attested by City Clerk, under the certification that this is the official Zoning Man referred to in this Section of the Zoning Ordinance. 2A-5A ESTABLISH:Mg OF OEVICIAL non PLAIN ZONING MAP. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "Flood Insurance Study" for the City of Waterloo, Iowa, dated June 3, 1985, with accompanying Flood Insurance Rate Naps and Flood Boundary and Floodway Maps, are hereby adopted by reference and declared to be a part of this Ordinance. Said maps shall herein be referenced as the Official Flood Plain Zoning Van. 2A-5B PURPOSE OF FLOOD PLAIN (OVERLAY) DISTRICTS. These flood plain (overlay) districts are to provide special regulations and restrictions to flood hazard areas in the City of Waterloo. It is the purpose of these flood plain provisions to promote the public health, safety and general welfare and to minimize public and private damages due to flooding in specific areas of the community. The basic purpose and objectives of this ordinance may also be identified by the following; 1 . To protect human life and health; 2. To minimize expenditure of public money for costly flood control projects; 3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; 5. To require uses vulnerable to floods, to be protected against flood damage at the tire of initial construction; 6. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize flood blight areas; 7. To ensure potential buyers are notified that property nay be in an area of special flood hazard and that those who occupy said area assume responsibility for their actions; 8. To reserve sufficient flood plain area for the conveyance of flood flows so that flood heights and velocities will not be increased substantially; 9. To assure that eligibility is maintained for property owners in the community to purchase flood insurance through the National Flood Insurance Program. 4 722 BOOK Are NM 2A-5C ITERPRETATION OF DISTRICT BOUNDARIES. 'Where uncertainty exists with respect to the boundaries of the various districts, except for the Flood Plain (Overlay) Districts, as shown on the Official Zoning Map accompanying and made a part of this ordinance, the following rules apply: 1 . The district boundaries are either street lines or alley lines unless otherwise shown, and where the districts designated on the map accompanying and made a part of this ordinance are bounded approximately by street lines or alley lines shall be construed to be the boundary of the district street and alley right-of-way not included in zoned areas. 2. In unsubdivided property, the district boundary lines on the map accompanying and made a part of the Ordinance shall be determined by use of the scale appearing on the map. 3. Publication of the legal description of the property or properties zoned or rezoned shall constitute an official amendment to the Official Zoning Hap. Said map or portion of said map need not be published. 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. That Part V, Section 2A-7, General Regulations; Subsection B-4, Non-Conforming Structures, (b); and Subsection B-5, Non-Conforming Use of Structures or of Structures and Premises in Combination (f) and (g), of the Zoning Ordinance No. 2479, as amended, is hereby repealed in its entirety; and That Part V, Section 2A-7, General Regulations; Subsection B-4, Non-Conforming Structures, (b); and Subsection B-5, Non-Conforming Uses of Structures or of Structures and Premises in Combination, (f) and (g), of the Zoning Ordinance No. 2479, as amended, is hereby enacted in lieu thereof as follows: Part V Section 2A-7, GENERAL REGULATIONS B-4. , b) Should such non-conforming structure or non-conforming portion of structure be destroyed by any nears to the extent ofr=iore than fifty (50) percent of its fair market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance. B-5. , f) Where non-conforming use status applies to a structure end premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than fifty (50)percent of the fair market value at the time of destruction. g) Structural Alterations and Enlargements. Any building in any district other than an "A", "R" "F-W" "F-F" "F-P", or "S-F" District devoted to a use made non-conforming 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 non-conforming use prior to the effective date of this ordinance. Such structural alteration and enlargement shall be subject to the review and approval of the Board of Adjustment. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accord with the provisions of this Ordinance. 5 BODE( 262 PAGE 723 That Part XVII, "U-1" Unclassified District of the Zoning Ordinance No. 2479, as amended, is hereby repealed in its entirety; and That Part XVII, Floodway and Flood Plain Districts of the Zoning Ordinance No. 2479, as amended, is hereby enacted in lieu thereof a new: Part XVII, Floodway and Flood Plain Districts 2A-40 Regulations. The regulations set forth in this part and those contained in Part V shall aptly in the Floodway and Flood Plain Districts. A. General Regulations 1 . Lands to Which Ordinance Applies. This ordinance shall apply to all lands within the jurisdiction of the City of Waterloo which uses the Flood Insurance Study (FIS) as a basis for establishing the flood plain zoning districts. These districts are shown on the Official Zoning Map as being the boundaries of the Floodway, Floodway Fringe, General Flood Plain and Shallow Flooding Overlay Districts. 2. Rules for Interpretation of District Boundaries. The boundaries of the Floodway, Floodway Fringe, General Flood Plain and Shallow Flooding Overlay Districts shall be determined by scaling distances on the Official Flood Plain Zoning Map. When an interpretation is needed as to the exact location of the boundaries, the City Planner or official designee shall make the necessary interpretation. Any person contesting the location of the district boundary shall be given a reasonable opportunity to present their case and submit technical evidence. 3. Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provision of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. 4. Larning and Disclaimer of Liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods ray occur on rare occasions. Flood heights may be increased by man-made or natural can sea, such as ice jams and bridge openings restricted by debris. This ordinance does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Uaterloo or the Board of Adjustment, or an officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. 26e PACE 724 BOOK 2A-41 "F-W" Floodway (Overlay) District. 1. Principal Permitted Uses. The following uses shall be permitted within the Floodway (Overlay) District to the extent they are not prohibited by other ordinance (or underlying zoning district) and provided they do not require placement of structures, mobile homes, fill or other obstruction, the storage of materials or other equipment, excavation, or alteration of a watercourse. a. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and crop harvesting. b. Industrial-commercial uses such as loading areas, parking areas, airport landing strips. c. Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseriding trails. d. Residential uses such as lawns, gardens, parking areas and play areas. e. Such other open-space uses similar in nature to the above uses. 2. Conditional Uses. The following uses which involve structures (temporary or permanent), fill, storage of materials or equipment may be permitted only upon issuance of a Special Exception Permit by the Board of Adjustment. Such uses must also meet the applicable provisions of the Floodway District Performance Standards. a. Uses or structures accessory to open-space uses. b. Circuses, carnivals, and similar transient amusement enterprises. c. Drive-in theaters, new and used car lots, roadside stands, signs, and billboards. d. Extraction of sands, gravel, and other material. e. arinas, boat rentals, docks, piers, wharves. f. Utility transmission lines, underground pipelines. g. Other uses similar in nature to the Principal Permitted and Conditional Uses described herein which are consistent with the Floodway District Performance Standards and the general spirit and purpose of this ordinance. 7 BOOK La, NM IC) 3. Performance Standards. All Floodway District Uses allowed as a Principal Permitted or Conditional Use shall meet the following standards. a. No use shall be permitted in the Floodway District that would result in any increase in the 100 year flood 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. b. All uses within the Floodway District shall: 1) Be consistent with the need to minimize flood damage. 2) Use construction methods and practices that will minimize flood damage. 3) Use construction materials and utility equipment that are resistant to flood damage. c. No use shall affect the capacity or conveyance of the channel or floodway or any tributary to the main stream, drainage ditch, or any other drainage facility or system. d. Structures, buildings and sanitary and utility systems, if permitted, shall meet the applicable performance standards of the Floodway Fringe District and shall be constructed or aligned to present the minimum possible resistance to flood flaws. e. Buildings, if permitted, shall have a low flood damage potential and shall not be for human habitation. f. Storage of materials or equipment that are buoyant, flammable, explosive or injurious to human, animal or plant life is prohibited. Storage of other material may be allowed if readily removable from the Floodway District within the time available after flood warning. p. Watercourse alterations or relocations (channel changes and modifications) must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, such alterations or relocations rust be approved by the Iowa DepaLLment of Water, Air and Waste Management. h. Any fill allowed in floodway must be shown to have some beneficial purpose and shall be limited to the minimum amount necessary. i. Pipeline river or stream crossings shall be buried in the streambed and banks or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering or due to the action of flood flows. j. No robile/manufactured homes shall be permitted except in existing mobile hone parks. Tie-down standards of the Floodway Fringe District must be met in such cases. 8 BOOK ai au a 2A-41A "F-F" Floodway Fringe (Overlay) District 1. Permitted Uses. All uses within the Floodway Fringe (Overlay) District shall be permitted to the extent that they are not prohibited by any other ordinance (or underlying zoning district) and provided they meet applicable performance standards of the Floodway Fringe (Overlay) District. 2. Performance Standards. All uses must be consistent with the need to minimize flood damage and shall meet the following, applicable performance standards. a. All structures shall (1) be adequately anchored to prevent flotation, collapse or lateral movement of the structure, (2) be constructed with materials and utility equipment resistant to flood damage, and (3) be constructed by methods and practices that minimize flood damage. 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 floor 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 Adjustment 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. c. Ikon-residential buildings - All new or substantially improved non-residential buildings shall have the first floor (including basement) elevated a minimum of 1 .0 foot above the 100 year flood level or together with attendant utility and sanitary systems, be flood- proofed to such a level. 1 hen floodproofing is utilized, a professional engineer registered in the State of Iowa shall certify that the floodproofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 100 year flood; and that the structure, below the 100 year flood level, is watertight with walls substantially impermeable to the passage of water. A record of the certification indicating the specific elevation (in relation to mean sea level) to which any structures are floodproofed shall be maintained by the Building Official. 9 BOOK 262 PACE 727 d. Mobile/manufactured homes which are placed in an existing mobile home park shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements are that (1) over-the-top ties be provided at each of the four corners of the mobile home with two (2) additional ties per side at intermediate locations for mobile homes 50 feet or more in length or one (1) such tie for mobile homes less than 50 feet in length; (2) frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points for mobile homes 50 feet or more in length or four (4) such ties for homes less than 50 feet in length; (3) all components of the anchoring system be capable of carrying, a force of 4800 pounds; and (4) any additions to the mobile home be similarly anchored. e. Mobile/manufactured homes not being placed in existing mobile home parks shall be placed on lots or pads elevated by means of compacted fill so that the lowest floor of the mobile home will be a minimum of 1 .0 foot above the 100 year flood level. In addition, the tie down specifications enumerated within subparagraph (d) herein must be Pet and adequate surface drainage and access for a hauler must be provided. f. New mobile home Darks, expansions to existing mobile home parks, and mobile hone parks where the repair, reconstruction or improvement of the streets, utilities, and pads equals or exceeds 50% or more of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced shall provide (1) lots or pads that have been elevated by means of compacted fill so that the lowest flood of mobile homes will be a minimum of 1 .0 foot above the 100 year flood level, (2) adequate surface drainage, (3) access for a hauler and (4) ground anchors for mobile homes. a. Utility and Sanitary Systems. a 1) All neu and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system as well as the discharge of effluent into flood waters. Wastater treatment facilities shall be provided with a level of flood protection equal to or greater than one (1 ) foot above the 100 year flood elevation. 2) On site waste disposal sytems shall be located or designed to avoid impairment to the system or contamination from the system during flooding. 3) New or replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. Water supply treat- ment facilities shall be provided with a level of protection equal to or greater than one (1) foot above the 100 year flood elevation. 4) Utilities such as gas and electrical systems shall be located and constructed to minimize or eliminate flood damage to the system and the risk associated with such flood damaged or impaired systems. 10 42,11rail BON 41UP C. PAGE 728 b. Storage of materials and equipment that are flammable, explosive or injurious to human, animal or plant life is prohibited unless elevated a minimum of one (1) foot above the 100 year flood level. Other material and equipment must either be similarly elevated or (1) not be subject to major flood damage and be anchored to prevent movement due to flood waters or (2) be readily removable from the area within the time available after flood warning. i. Flood control structural works such as levees, flood- walls, etc. shall provide, at minimum, protection from a 100 year flood with a minimum of 3 feet of design freeboard and shall Provide for adequate interior drainage. In addition, structural flood control works shall be approved by the Iowa Department of 'tater, Air and Waste Management. j. Do use shall affect the capacity or conveyance of the channel or floodway of any tributary to the main stream drainage ditch, or other drainage facility or system. k. The exemption of detached garages, sheds, fences, flag poles and similar structures from the 100 year flood elevation requirements may result in increased premium rates for insurance coverage of the structure and contents, however, said detached garages, sheds, fences, flag poles and similar accessory type structures are exempt from the 100 year flood elevation requirements when: 1) The structure shall not be used for human habitation. 2) The structure shall be designed to have low flood damage potential. 3) The structure shall be constructed and placed on the building, site so as to offer minimum resistance to the flow of floodwaters. 4) Structures shall be firmly anchored to prevent flotation which nay result in damage to other structures. 5) The structure's service facilities such as electrical and heating equipment shall be elevated or floodproofed. 1. Subdivisions shall be consistent with the need to minimize flood damages and shall have adequate drainage Provided to reduce exposure to flood damage. Development associated with subdivision proposals shall meet the applicable performance standards. Subdivision proposals intended for residential development shall provide all lots with a means of vehicular access that will remain passable by wheeled vehicles during the occurrence of the 100 year flood. 2A-42 "F-P" General Flood Plain (Overlay) District 1. Principal Permitted Uses. The following uses shall be permitted within the General Flood Plain (Overlay) District to the extent they are not prohibited by any other ordinance (or underlying zoning district) and provided they do not require placement of structures, mobile homes, fill or other obstruciton; the storage of materials or equipment: excavation; or alteration of a watercourse. a. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming and crop harvesting. b. Industrial-commercial uses such as loading areas, parking areas, and airport landing strips. OL43 11 BOO' PACE 729 c. Private and public recreation uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching tamps, swiianing areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking, and horseback riding trails. d. Residential uses such as lawns, gardens, parking areas and play areas. 2. Conditional Uses. Any use which involves placement of structures, mobile homes, fill or other obstructions; the storage of materials or equipment; excavation; or alternation of a watercourse may be allowed only upon issuance of a Special Exception Permit by the Board of Adjustment. All such uses shall be reviewed by the Iowa Department of Water, Air and Waste Management to determine (1) whether the land involved is either wholly or partly within the floodway or floodway fringe and (2) the 100 year flood level. The applicant shall be responsible providing the Depattalent of Water, Air and Waste Management with sufficient technical infoNnation to make t e determination. 3. Performance Standards. a. All conditional uses of portions thereof, to be located in the floodway as determined by the Iowa Department of Water, Air and Waste Management shall meet the applicable provisoes and standards of the Floodway (Overlay) District. b. All conditional uses, or portions thereof, to be Located in the floodway fringe as determined by the Iowa Department of Water, Air and Waste Management shall meet the applicable standards of the Floodway Fringe (Overlay) District. 2A-42A "S-PH Shallow Flooding (Overlay) District 1. Permitted Uses. All uses within the Shallow Flooding (Overlay) District shall be permitted to the extent that they are not prohibited by any other ordinance (or underlying zoning district) and provided they meet the applicable performance standards of the Shallow Flooding (Overlay) District. 2. Performance Standards. The performance standards for the Shallow Flooding (Overlay) District shall be the same as the performance standards for the Floodway Fringe (Overlay) District with the following exceptions: a. In shallow flooding areas designated as an AO Zone on the Flood Insurance Rate Tlap, the minimum floodproofing/flood protection elevation shall be equal to the number of feet as specified on the Rate Map above the crown of the nearest street. b. In shallow flooding areas designated as an AR Zone on the Flood Insurance Rate Nap, the minimum flood- proofing/flood elevation shall be equal to the elevation as specified on the Rate Map. 12 BOOK 62 PACE 730 That Part XXIII, Board of Adjustment, Section 2A-52 Appeals; of the Zoning Ordinance No. 2479, as arended, is hereby repealed in its entirety; and That Part XXIII, Board of Adjustment; Section 2A-52, Appeals; of the Zoning Ordinance No. 2479, as emended, is hereby macted in lieu thereof as follows Part XXIII, Board of Adjususent 2A-52 Conditional Uses, Appeals, and Variances. The Board of Adjustment is hereby established aril-Ch shall hear and decide 1) applications for conditional uses upon which the Board is authorized to pass under this Ordinance; 2) appeals, and 3) requests for variances to the provisions of this Ordinance; and shall take any other action which is required of the Board. 1 . Conditional Uses - iequests for Conditional Uses shall be submitted to the BuildinF Official who shall forward such to the Board of Adjustment for consideration. Such requests shall include information ordinarily submitted with applications as well as any additional information deemed necessary to the Board of Sdjusteent. 2. 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 he taken within a reasonable tine as provided by the rules of the Board by filing with the uildiny Official and with the Board of Adjustment a notice of appeal specifying the gxourds thereof. The Building Official shall forthwith transmit to the Board all 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 Atilding Official certified 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 imninent peril to life or property. In such case proceedings shall not he stayed otherwise than by a restraining order which siay be granted by the Board or by a restraining order which nay be granted by the Board or by a court of record on application of notice to the 1.;uildirr Official, and on due cause shown. 3. Variances - The Board of Adjustment may authorize upon request in specific cases such variances from the terns of this ordinance that will not be contrary to the public interest, where owing to special conditions a literal enforcerent of the provisions of this ordinance will result in unnecessary hardship. Variances granted mist see.t the following applicable standards: a) TY) variance shall be granted for any developrent within the Floodway District which would result in any increase in flood hei4,hts during the occurrence of the 100 year flood. b) Variances shall only he granted upon 1) a showing of good and sufficient cause, 2) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and 3) a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public. 13 BOOK 262 ME 731 c. Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. d. In cases where the variance involves a lower level of flood protection for buildings than what is ordinarily required by this Ordinance, the applicant shall be notified in writing over the signature of the Building Official that 1) the issuance of a variance will result in increased premium rates for flood insurance up to amounts as high as $25 for 8100 of insurance coverage and 2) such construction increases risks to life and property. e. All variances granted shall have the concurrence or approval of the Department of Water, Air and Waste i;anagement. 4. Factors upon which the decision of the Board shall be based. In passing upon applications for Conditional Uses or requests for Variances, the Board shall consider all relevant factors specified in other sections of this ordinance; and: a. The danger to life and property due to increased flood heights or velocities caused by encroachments. b. The danger that materials may be swept on to other lands or downstream to the injury of others. c. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. d. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. e. The importance of the services provided by the proposed facility to the community. f. The requirements of the facility for a flood plain location. g. The availability of alternative locations not subject to flooding for the purposed use. h. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. i. The relationship of the proposed use to the comprehensive plan and flood plain management Program for the area. j. The safety of access to the property in times of flood for ordinary and emergency vehicles. k. The expected heights, velocity, duration, rate of rise and sediment transport of the flood water exnected at the site. 1. Such other factors which are relevant to the purpose of this ordinance. 14 262 PACE 732 BOOK 5. Conditions attached to Conditional Uses or Variances - Upon consideration of the factors listed above, the Board may attach such conditions to the granting of Conditional Uses or Variances as it deems necessary to further the purpose of this ordinance. Such conditions may include, but not necessarily be limited to: a. Modification of waste disposal and water supply facilities. b. Limitation on periods of use and operation. c. Imposition of operational controls, sureties, and deed restrictions. d. Requirements for construction of channel modifications, dikes, levees, and other protective measures, provided such are approved by the Iowa Department of Water, Air and Waste Management and are deemed the only practical alternative for achieving the purposes of this ordinance. And, That Part XXIII, Board of Adjustment, Section 2A-52A, Hearings and Decisions of the Board of Adjustment, is hereby added as follows: 2A-52A Hearings and Decisions of the Board of Adjustment 1 . Hearings - The Board of Adjustment shall wive 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 Troy 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. 2. Decisions - In exercising, the above-mentioned powers, the Board may, in conformity with the provisions of law, reverse or affirm, wholly of partly, or vvdify the order, requirement, decision, or determination as it believes proper and to that end shall have all powers of the Building Official. The concurring vote of three of the members of the Board shall be necessary to reverse any order, reauirement, decision, or determination of the Building Official, or to decide in favor of the applicant on any natter upon which it is required to pass under this Ordinance; provided, however, that the action of the Board shall not become 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. 3. Appeals to the Court - Any person or persons, -jointly or severally, aggrieved by any decision of the Board of Adjustment may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the filing of the decision in the Office of the Board. 15 BOOK 2152 PAGE 733 That Part XXIV, Occupancy ?emits, of the Zonir$ Ordinance r'cl. 2479, AO amended, is hereby repealed in its entirety; and That Part XXIV, Permits, of the Zoning Orriinarxe :4o. 2479, es wended, is hereby eracted in lieu thereof es tolloefe part XXIV 2A-53 Ferrite. A. occupancy Permits - k> land 'hall he occupied or used, and no building hereafter erecter or structurally altered shall he occupiee or used in whole or in tart for any purpose enatsoever, until e certificate is issued by the Auildity, Official, stating that the building and use comply udth the provision of this orcinance nod the Ivildire end health ordinances of the City of Uaterloo, ro change of use seal.' be made in any buildine or port thereof, no or hereafter erected or structurally sitere0, without to permit lei issue therefore by the emildirw Official. i4D permit shall be issued to re a change unless the chant's*, are in conformity with the provieiors of this Ordinence. Nothine in this part snail Prevent the continuance of a non-conforeing use as hereinbefore sothorixed, uniene a discontinuance is necessary for the safety of life or property. t;ertificatee for occipancv and cceeliance shall be applied for coincidentally with the apelicetime for a wilding perit, and nhall he issued within ten (10) days after the lawfUl erectioe or alteration of the ruildine. is coxpleted. & record of all certificates shall be kept on file in the office of the &aiding Official, and copies shall 14 furnished on request to ay oerscn neving a proprietary or tenancy interest in the builan affected. o per it for excavation for, or the erection or alteration o! any building, shall be isseed before the application has been made for certificate of ocounancy and corpliance, and no building or preedsee shall he occupied until that certificate and remit is issued. A certificate ot occupancy shall be reouire6 of all non-conforminy uses. epplicetion for certificate of occuoancy for nxmonformine uses shall be filed ithin twelve (12) months fron the effective date of this ordinance, accnopanied be affidavits of proof that such non-conformine use was not establiahed in violation of Ordinance o. 1734 or avendments thereto. 1 . flood Plain 'e-veloprent Permit - A flood Plain Development Permit shall be secured prior to initiation of arN flood plain develonment. 1. Application tor a Flood Plain Development Permit shall he twin or forms supplied by the puildinv Ofticial dna shell include the following information: a. liescription of the wo6 to be covered by the permit for which application is to be nade. 10 BOY 'Ai? put 734 b. Description of the land on whiCh the proposed work is to be done (i.e., lot, block, tract, street address or similar description) that will readily identify and locate the work to be done. c. Indication of the use or occupancy for WhiCh the proposed work is intended. d. Elevation of the 100 year flood. e. Elevation (in relation to mean sea level) of the lowest floor (including basement) of buildings or of the level to which a building is to be floodproofed. f. For buildings being improved or rebuilt, the estimated cost of improvements and market value of the building prior to the improvements. g. Such other information as the Building Official deems reasonably necessary for the purpose of this ordinance. 2. Flood Plain Development Permits issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in such approved plans and applications and no other use, arrangement or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this ordinance and shall be punishable as provided within this ordinance. the applicant shall be required to submit certification by a professional engineer or land surveyor, as appropriate, registered in the State of Iowa, that the finished fill, building, floor elevations, floodproofing, or other flood protection measures were accomplished in compliance with the provisions of this ordinance prior to the use or occupancy of any structure. 3. All uses or structures in the Floodway, Floodway Fringe, General Flood Plain, and Shallow Flooding Districts requiring Special Exception Permits shall be allowed only upon application to the Building Official, with issuance of the Special Exception Permit by the Board of Adjustnent. Petitioners shall include information ordinarily submitted with applications as well as any additional information deemed necessary by the Board of Adjustment. Where required, approval of the Iowa Department of Water, Air and Waste Management shall precede issuance of the Special Exception Permit by the Board of Adjustment. G. Floodproofing measures - Floodnroofing 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 floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. Such floodproofing measures may include, but are not necessarily limited to the following: 1. Anchorage to resist flotation and lateral movement. 17 BOO 262 ?AGE 735 . - • 2. Installation of watert141t doors, bulkheads, and shutters, or similar methods of construction. 3. Reinforcement of walls to resist water pressuro4. 4. Uses of paints, uvmbranes, or mortars to reduce seepaRe of water throush 5. addition of nnas or weight structures to resist flotation. 6. Installation of puops to lower water levels in structures. 7. Construction of water supply and waste treatoent systems so as to prevent the entrance of flood waters. , eompine tacilities or comparable practices for subsurface drainage systorrts for building to relieve external foundation wall and lasement flood pressures. 9. Construction to resist rupture or collapse caused by water pressure or floatinP debris. 16. InstalLs.tion of valves or controls or sanitary and storm drains which will nerii.t the drains to he closed to prevent backup of sews9e and stornwaters into the buildings or structures. 11. Location of all electrical equipment, circuits anA installe electrical appliances in a Tranner assure they are not subject to flooding. D. Iowa Nepal-Went of 4ater, Air and Waste ',Iar.astenent Develowental Approval, In addition to the Variance and Conditional Uses, approval by the lam Department of Water, Air and Waste Managerent is reouired for, but not limited to the types of projects listed below. This approval by JAW is necessary prior to issuance of a Special Exception ?eroit _from the Board of Adjustnent. 1 . Sridges, culverts, temporary strew crossings, road embariments in or on floodway of any river or strear ,trainirr more than tu.v (2) sousre miles. 7. Construction, operation and maintenance of channel alterations on any river or strein draining ;tore than two (2) stinare 3. Construction, operation and raintenance of dais and impounding structur:,,- in the following instances: a. Any dam desimed to provide permanent 6ton-re in excess of eigt.ltetIn (18) acre-feet. h. Any danwhich has a height of ten (10) feet or more and is designed to temporarily store more than five (5) acre-feet at the tor) of dam elevation, or t7NAIDs street- draininf two (2) or I;ore square miles. 4. Construction, operation and naintenmnte of any levee or dike alone any strea or river drsinin more than two (2) square Hales. 5. i,aste or water treatment facilities on the flood plains of any river or stream draininv, Irore tnan two (2) souare 6. Construction, operation *nd rainterance of any sanitary Landfill located on a ilood plain or floodway of any river or stream dram more than two (2) sputa%) miles at the landfill site. 19 BOOK 262 PAH 738 7. Construction, operation and maintenance of any pipeline crossings on any river or stream draining more than two (2) square miles. 8. Stream bank protective devices as follows: a. Stream bank protective devices along any river or stream draining more than one hundred (100) square miles. h. Stream bank protective devices along any river or stream draining between two (2) and one hundred (100) square miles where the cross sectional area of the river or stream channel is reduced more than three percent (3%). 9. Excavation on the floodway of any stream draining more than two (2) square miles. 10. Boat docks located on any river or stream (other than a lake) other than exempted non-floating boat docks permitted by the Iowa Conservation Commission. That Part XXVI, Section 26I-55, Amendments, Subsection C. ; of the Zoning Ordinance No. 2479, as amended, is hereby repealed in its entirety; and That Part XXVI, Section 2A-55, Amendments, Subsection C. ; of the Zoning Ordinance No. 2479, as amended, is hereby enacted in lieu thereof as follows: Part XXVI Section 2A-55. Amendments C. The regulations, restrictions, and boundaries ray, from time to time, be amended, supplemented, changed, modified, or repealed. In case, however, of a written protest, a change or repeal which is filed with the City Clerk and signed by the owners of twenty percent (20%) or more of the area of the lots included in the proposed change or repeal, or by the owners of twenty percent (20%) or more of the property which is located within two hundred fifty (250) feet of the exterior boundaries of the property for which the change or repeal is proposed, the Change or repeal shall not become effective except by the favorable vote of at least three fourths (3/4) 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 rew 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 Zoning Commission until four (4) months shall have elapsed from the date of denial by the City Council. No amendment, supplement, change or modification to the flood plain overlay district boundaries and regulations shall be undertaken without prior apuroval from the Department of Water, Air and Waste Management. 1 9 600Y put '262 737 That Part XXIX, Duties and Responsibilities of the Building Official or His Official Designee, is hereby added as follows: Part XXLK Duties and Responsibilities of the Building Official or His Official Designee. 2A-59. Information to be Obtained or :oaintained. A. It shall be the responsibility of the Building Official or his official designee to: 1 . Review all flood plain development permit applications to ensure that the provisions of this ordinance will be satisfied. 2. Review all flood plain development permit applications to ensure that all necessary permits have been obtained from Federal, State or local goveLnmental agencies. 3. Obtain and record the actual elevation (in relation to mean sea level) or the lowest floor (including basement) of all new or substantially improved structures, whether or not the structure contains a basement. 4. For all new substantially improved flood-proofed structures: a. Verify and record the actual elevation (in relation to mean sea level); and b. flaintain the flood-proofing certifications required in Part XXIV, 2A-53, 13-2. 5. Naintain for public information all records pertaining to the provisions of this ordinance. 6. Submit to the Federal Insurance Administrator an annual report concerning the community's participation in the National Flood Insurance Program. 7. Review subdivision proposals to ensure such proposals are consistent with the purpose of this ordinance and advise the City Council of potential conflicts. 8. Notify adjacent communities and/or counties and the Iowa Department of Water, Air and Waste Nanagement prior to any proposed alteration or relocation of a watercourse and submit evidence of such notificatoins to the Federal Insurance Administrator. 9. Notify the federal Insurance Administration of any annexations or modifications to the City's boundaries. 20 FMK HM738 . . . . , .. . . . PASSED AND ADOPTED by the City Council this 10 day of June, '1985, and approved by the Mayor this 12 day of June, 1985. 1--- _-- .•.. ..•• .. 1,_ Del Flowers, liavor ATTEST: 01:e Larry P. rqe 7 r, City .erk/Auditor CERTIFICATE I, Larry P. Burger, City Clerk/Auditor of the City of 'Waterloo, Iowa, do 1-rrehy certify that the attached hereto is a true and complete co oi Ordinance No. 3393, as passed and adopted by the Council of the City oi- .laterloo, Iowa, on the 10th day of June, 1985. ';'ittles$ '47 ;.-And ,41-1d Seal of Office this 12th day of June, 1985. ... • _ _ ... • ___ Larry P urger, Ci erk/Auditor - 220 "hua-e- 141-AcK HAWK COUNTY, lOWA:SS oillIEXED COMPAR 4,.......) Pled for record4dita...19 eS PAGED 7Y.,- and recorded ie -...... .____Bodc l' 6 ..„.............. Pago__Zel___. 4P••,, ,,..-.4,-,24.,:„, Recorder f^,r /OS.00 eru.) • e_,3- 10 cL)4_, .•.t.e.e„.e, 262 BOV PAU 739 ...„ STATE OF IOW AlI do solemnly swear that the annexed copy of Legal - City of Water! o o SS Black Hawk County, Ordinance 3393 notice was published in the • Waterloo Croiirlcr a daily newspaper printed in Waterloo, ORDINANCE NV.44ra Black Hawk County, Iowa once; Xf4[hC X9PlQ R IXe AN ORDINANCE AMENDING ORDINANCE NO. 2479, AS AMENDED KNOWN AS THE i , 19 t h dayof ZONING ORDINANCE FOR .�V I Y 19 85 in the issuXs of — THE CITY OF WATERLOO, ii, commencing on the IOWA,BY REPEALING: PART III, SECTION 2A-3, DE- COit J t) I Y 19 t h 198 5 fINITIONS: (49) FLOOD, (51) FLOOD INSURANCE RATE pro. MAP (FIRM), (52) FLOOD IN• lows SURANCE STUDY (FIS), (57) cies, FLOODWAY, (511) FLOODWAY dlstr of said newspaper, and that the annexed rate of FRINGE,09)NEW CONSTRUC• roc T)ON,(93)"RESERVED",AND class(125)SUBSTANTIAL IMPROVE- triesadvertising is the regular legal rate of said newspaper, and that the following is a correct bill for MENTS; F-W, a AND ENACTING IN LIEU triN; publishing said notice. Printer's Bill $ THEREOF NEW DEFINI• (Ovens ✓ Ye TIONS: (49) FLOOD, ere( Ft FLOODOD INSURANCE RATE trict;"f, MAP (FIRM), (52) FLOOD IN- lay) •Dis , SURANCE STUDY (FIS), (57) TThe"R- FLOODWAY, (5$) FLOODWAY tlon with Signed FRINGE,(e9)NEW CONSTRUC• trlct, i.e, TION, (93) OFFICIAL FLOOD R•3(R-P Subscribed and sworn to before me this f day of PLAIN ZONING MAP,AND(125) 2A-5 DIS SUBSTANTIAL IMROVE• ANDOFF MENTS; With the qq- AND REPEALING, Plain (Or A.D., 19 SL— PART IV, DISTRICT AND boundaries AND EN ICS THEREOF: Indicamaacted the A ��CJ'� AND ENACTING IN LIEU Mepofthe( THEREOF A NEW: PART IV, which then, DISTRICT AND BOUNDARIES; of this Ord Notary Public AND REPEALING, tidal Zonln PART V, SECTION 2A-7, GEN• Waterloo,Ih ERAS. REGULATIONS, bons refer Received of SUBSECTION 8-4, NON-CON- tars shown, FORMING STRUCTURES, (b); much as a, AND SUBSECTION 8-65, NON- as if thenoth the sum of Dollars CONFORMING USES OF other math STRUCTURES OR OF STRUC- mapwerea! in full for publication of the above notice. TURFS AND PREMISES IN in.The said COMBINATION,(f)and(p); on file In t. AND ENACTING IN LIEU Clerk,atthk THE IEREOOF A NEW: