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HomeMy WebLinkAboutCouncil Packet - 4/29/2024CITY OF &J�64TERLOO IOWA THE CITY COUNCIL OF WATERLOO, IOWA SPECIAL SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, April 29, 2024 5:30 PM CITY OF WATERLOO COMMUNITY VISION PLAN 1. Fly the W: To develop a sense of pride and relationship between residents and the City of Waterloo, and then leverage that pride to communicate the City's attributes to external audiences. 2. Elevate Housing: Redevelop, renovate, or improve 800 residences in Waterloo in eight years by providing access to capital. 3. Celebrate and Connect Neighborhoods: To leverage Waterloo's rich tradition of neighborhoods by celebrating and connecting them with the community and region at large. 4. Waterloo Works: Grow a diverse and skilled workforce in Waterloo that connects people and employers for mutual growth. 5. Crossroads Doubledown: Re -energize the Crossroads Mall area into a sports/recreation-themed gravitational center. 6. Power Up Downtown: Keep Waterloo's core downtown evolving to meet the needs of future generations, supporting and showcasing arts and cultural opportunities and creating an experience like no other. 7. Sportstown USA: To generate excitement, develop youth, and drive investment and economic impact from year-round visitors. 8. Community of Opportunity: Eliminate barriers that keep Waterloo residents, and the community as a whole, from reaching its true potential, creating an equitable, thriving, and sustainable community for future generations. Waterloo is a Community of Opportunity, where everyone can prosper. GENERAL RULES FOR PUBLIC PARTICIPATION SPECIAL SESSION AGENDA A. Iowa Code Chapter 21 gives the public the right to attend council meetings, but it does not require cities to allow public participation except during public hearings. The public is required to follow the rules listed in this article when speaking during any meeting of the city council. Page 1 of 85 B. At the presiding officer's discretion, individuals may address the presiding officer by stepping to the podium, and after recognition by the presiding officer, shall state their name, address, and group affiliation, if appropriate, and speak clearly into the microphone. C. Comments shall be germane and refrain from personal, impertinent, or slanderous remarks. D. Cell phones and electronic devices shall be set to silent prior to the start of the meeting. GENERAL RULES FOR PUBLIC COMMENT A. Individuals shall speak one (1) time on only one (1) issue for a maximum of three (3) minutes During the public comment section of the agenda. The public shall not be required to pre -register to speak during public comment. Individuals shall only speak on matters not listed on the regular agenda for that date. Any matter presented shall be directed to the presiding officer and addressed, if necessary, after the meeting. B. Council members may speak during public comment portion of the agenda after the public has finished speaking C. City staff shall not be required to provide an immediate answer to a matter presented during a council meeting unless it specifically pertains to an item on the agenda RULES FOR PUBLIC COMMENT DURING PUBLIC HEARINGS Individuals may speak during the public comment portion of a scheduled public hearing for a maximum of three (3) minutes or may submit written comments to the city clerk by four o'clock (4:00) P.M. on the day of the public hearing. Groups of citizens with similar viewpoints are encouraged to select a representative to share the viewpoint of the group. RULES FOR PUBLIC COMMENT DURING AGENDA ITEMS At the discretion of the presiding officer, individuals may speak for a maximum of three (3) minutes when the council discusses agenda items. This section does not apply to businesses or parties directly involved in agenda items. Roll Call. Approval of Agenda CONSENT AGENDA The consent agenda is reserved for routine resolutions and motions, acted upon by roll call vote on a single motion without discussion. Council shall either vote yea or nay when the roll is called. Council members may request that an item be removed from the consent agenda and considered separately. Such a request does not require a second. The public shall be prohibited from requesting that items listed on the consent agenda be removed and considered separately. The public may contact council members with questions regarding consent agenda items. 1-4A-16(A)(8). Page 2 of 85 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving cancellation of assessment for property located at 716 Kingsley Avenue, in the amount of $325.23, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. 3. Resolution approving cancellation of a sidewalk assessment for Parcel Number 891314351008, in the amount of $407.00, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. 4. Resolution rejecting all bids and resetting date of bid opening as May 9, 2024, and date of public hearing as May 20, 2024, in conjunction with the 2024-2025 Residential/Miscellaneous Areas Mowing and Lot Maintenance Services Contract for city - owned lots generally maintained by the Planning and Zoning Department, and instruct the City Clerk to publish notice. 5. Motion approving a Shared Mobility Device License with Bird Rides, Inc. 6. Motion to approve a Cigarette/Tobacco/Nicotine/Vapor Permit Application for Puff City Smoke & Vape, 1916 E. Mitchell Avenue. PUBLIC HEARINGS 1. Amendment to the City of Waterloo Zoning Ordinance No. 5079 to update terms and regulations as they apply to the floodplain regulations. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendations of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an ordinance amendment to the City of Waterloo Zoning Ordinance No. 5079 to update terms and regulations as they apply to the floodplain regulations. Motion to suspend the rules. Motion to receive, file, consider and pass for the second and third times and adopt the ordinance. Submitted by: Noel Anderson, Community Planning and Development Director RESOUTIONS 1. Resolution approving Supplemental Agreement No. 1 with Entrust Solutions Group (Magellan), of Denver, Colorado, in conjunction with the FY 2023 Construction of a Fiber -to - the -Premise Feeder/Distribution and Backbone Network Project, Contract No. 1088, and authorizing the Mayor to execute said document. ADJOURNMENT Motion to adjourn. Kelley Felchle Page 3 of 85 City Clerk Page 4 of 85 4/23/24, 12:45 PM Beacon - Black Hawk County, IA- Report: 891327457012 Neighborhood Black Hawk County, IA Summary Parcel ID Alternate ID Property Address Sec/Twp/Rng Brief Tax Description Deed Book/Page Contract Book/Page Adjusted CSR Pts Class District School District 891327457012 716 KINGSLEY AVE WATERLOO IA 50701 N/A HOME PARK SECOND ADDITION LOT 13 BLK 9 (Note: Not to be used on legal documents) 202200003569 (8/16/2021) 0 R-Residential (Note: This is for assessment purposes only. Not to be used for zoning.) 940001- WATERLOO CITY/WATERLOO SCH WATERLOO COMMUNITY SCHOOLS `,�C�uxlcs can-�;rrnrl ®0311/2-e- do-cs \ - owe- \ h s Neighborhood CWTLO-02 Owner information Deed BARKER,TAREN 716 KINGSLEY AVE WATERLOO IA 50701 Address Change Form Mail To BARKER, TAREN 716 KINGSLEY AVE WATERLOO IA 50701 Lin to the Address Change Form Sales Date Seller Buyer 8/10/2021 EQUITY TRUST BARKERTAREN COMPANY 2/18/2020 BRUESSWILMAE Show Deed/Contract Show Deed/Contract Land EQUITY TRUST CO CUST FBO VICKI M SCHILDRATH IRA Lot Dimensions Regular Lot: 50.00 x 122.00 Lot Area 0.14Acres;6,100 SF (Note: Land sizes used for assessment purposes only. This is not a survey of the property) Residental Dwellings Recording 2022- 00003569 2020- 00015022 Sale Condition - N UTC NORMAL NORMAL Multi Type Parcel Amount Deed $140,000.00 Deed $70,000.00 https://beacon.schneidercorp.com/Application.aspx?AppID=1110&LayerID=27729&PageTypelD=4&PageID=11312&Q=1915177473&KeyValue=glge.5 Ofi,$5 4/23/24, 12:45 PM Beacon - Black Hawk County, IA - Report: 891327457012 Residential Dwelling Occupancy Single-Family/Owner Occupied Style 1 Story Frame Architectural Style N/A Year Built 1931 Exterior Material Vinyl Total Gross Living Area 1,158 SF Attic Type 3/4Finished; 342 SF Number of Rooms 5 above; 3 below Number of Bedrooms 3 above; 1 below Basement Area Type Full Basement Area 816 Basement Finished Area 700- Minimal Finish Plumbing 2 Standard Bath; Central Air Yes Heat Yes Fireplaces 1 Masonry; Porches Decks Wood Deck (124 SF); Additions 1 Story Frame (56 SF) (56 Bsmt SF); Garages 480 SF (20F W x 24F L) - Det Frame (Built 1963); Permits Permit # Date Description Amount WA 05697 05/07/2020 Int-Remodel 20,000 WA 07362 10/11/2012 Roof 4,960 WA 2781 12/11/2002 Ext-Remodel 3,500 WA HA 0988 07/30/2001 A/C 1,590 Valuation 2024 2023 2022 2021 2020 Classification Residential Residential Residential Residential Residential + Assessed Land Value $16,800 $16,800 $16,800 $16,800 $13,200 + Assessed improvement Value $0 $0 $0 $0 $0 + Assessed Dwelling Value $100,830 $100,830 $86,000 $86,000 $74,530 = Gross Assessed Value $117,630 $117,630 $102,800 $102,800 $87,730 - Exempt Value $0 $0 $0 $0 $0 = Net Assessed Value $117,630 $117,630 $102,800 $102,800 $87,730 Taxation 2022 2021 2020 Pay 2023-2024 Pay 2022-2023 Pay 2021-2022 + Taxable Land Value $9,181 $9,094 $7,446 + Taxable Improvement Value $0 $0 $0 + Taxable Dweiling Value $46,999 $46,552 $42,042 = Gross Taxable Value $56,180 $55,646 $49,498 Military Exemption $0 $0 $0 Net Taxable Value $56,180 $55,646 $49,488 x Levy Rate (per $1000 of value) 40.18730 39.49908 40.15223 Gross Taxes Due $2,257.72 $2,197.97 $1,987.05 Ag Land Credit $0.00 $0.00 $0.00 - Family Farm Credit $0.00 $0.00 $0-00 - Homestead Credit $0.00 $0.00 $0.00 Disabled and Senior Citizens Credit $0.00 $0.00 $0.00 Business Property Credit $0.00 $0.00 $0.00 Net Taxes Due $2,257.72 $2,197.97 $1,987.05 Tax History Year Due Date Amount Paid Date Paid 2022 March 2024 $1,129 Yes 3/18/2024 September 2023 $1,129 Yes 9/20/2023 2021 March 2023 $1,099 Yes 3/14/2023 September 2022 $1,099 Yes 9/21/2022 2020 March 2022 $994 Yes 3/14/2022 September 2021 $994 Yes 8/25/2021 2019 March 2021 $842 Yes 2/2/2021 September 2020 $842 Yes 9/4/2020 2018 March 2020 $854 Yes 2/21/2020 September 2019 $854 Yes 9/26/2019 Receipt 553051 421670 369868 219206 054035 https://beacon.schneidercorp.com/Application .aspx?AppI D=1110&LayerlD=27729&PageTypelD=4&PageID=11312&Q=1915177473&KeyVal ue= ,Ne64485 Black Hawk County Black Hawk County, IA - Treasurer 316 E 5th Street, Room 140 Waterloo, IA 50703 (319) 833-3013 CITY OF WATERLOO 715 MULBERRY ST WATERLOO, IA 50703 Tax Charge Information Sheet Amount Due if Paid By: 04/30/2024 Parcel Number: 891314351008 Situs: Owner: CITY OF WATERLOO Legal: SECOND ADD TO GRAND VIEW PLACE LOT 12 BLK 14 Taxes Due lst Half 2nd Half Additional Year Type Bill Number 1st Half Tax Interest 2nd Half Tax Interest Costs Total Due 2024 Special WA35=20221012-01 SID... $185.00 $33.00 $0.00 $0.00 $5.00 $223.00 2025 Special WA35=20221012-01 SID... $184.00 $0.00 $0.00 $0.00 $0.00 $184.00 Total Taxes Due for Parcel Number 891314351008: $369.00 $33.00 $0.00 $0.00 $5.00 $407.00 Tax Charge Summary for 1 Parcel Total Unpaid Charges: First Half Due: $407.00 Second Half Due: $0.00 Total Due: $407.00 Grand Total Unpaid: $407.00 4/23/2024 12:17:42 PM Amounts are subject to change Page 1 of 1 Page 7 of 85 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE April 29, 2024 AGENDA ITEM TITLE Resolution rejecting all bids and resetting date of bid opening as May 9, 2024, and date of public hearing as May 20, 2024, in conjunction with the 2024-2025 Residential/Miscellaneous Areas Mowing and Lot Maintenance Services Contract for city -owned lots generally maintained by the Planning and Zoning Department, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo through its Dilapidated Housing Task force has acquired properties over the last several years using Iowa Code 657A and other means. A majority of the properties have been demolished and are vacant lots, but some still have homes or other structures on them. Lots owned by the City of Waterloo must be maintained, including mowing. This bid will select a mowing contractor for the lots for the 2024 and 2025 mowing seasons. There are approximately 245 lots, 13 of which are over an acre. The city of Waterloo received three bids, however there were issues with the low bidder, and they have withdrawn their bid. Of the remaining two bidders, one was low bidder on the price per lot under an acre, and the other was low bidder on the price per hour for lots one acre or more. Staff was recommending we split the contract into two parts and award each part to the respective low bidder, however based on that plan of action, another bidder has withdrawn there bid. Therefore, staff is proposing that we reject all bids, and rebid the contract. NEIGHBORHOOD IMPACT The request will have a positive impact on neighborhoods by ensuring City owned lots are properly mowed and do not become a nuisance to neighborhoods. DATA, ANALYSIS, AND STRATEGIES Property Maintenance IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 8 of 85 Nuisance abatement ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1 2024 and 2025 Planning and Zoning Mowing RFB 2. Exhibit A Master Mowing List Updated 03-01-24 3. Exhibit B MowingListMap-3-5-24 4. Bid Tab- 2022 Mowing Contract City Owned Lots Page 9 of 85 CITY OF WATERLOO, IOWA Planning and Zoning Department Notice of Public Hearing on the Proposed Specifications and the Notice to Public Bidders For the 2024 and 2025 Residential Lots /Miscellaneous Areas Mowing and Lot Maintenance Services Contract. General Description The City of Waterloo Planning and Zoning Department is soliciting bids for mowing of city owned lots and miscellaneous areas. The City of Waterloo Planning and Zoning Department has approximately 245 properties to be mowed and maintained (see attached Exhibit "A" for the list of properties and attached Exhibit "B" for a map of the properties). The City's intent for these properties are for rehabilitation or demolition to remove blighted properties from neighborhoods and provide infill lots for new homes, or to sell to an adjacent homeowner. Most lots are vacant, although some still have a structure or structures that must be mowed around. The attached Exhibit "A" indicates what lots are vacant. SCOPE OF WORK The Contractor shall provide all labor and equipment necessary for mowing, trimming and removal and disposal of various debris. Assigned areas shall be mowed on an as needed basis while maintaining a mowing height not to exceed four inches (4") in height. Prior to each mowing, the Contractor shall remove all trash and debris including paper, branches, rocks, and other portable objects. All trash and debris shall be legally disposed of, off site, at no additional expense to the Planning and Zoning Depailinent (except larger illegal dumping items noted below). Additionally, the contractor shall be responsible for cleaning up and repairing all damage created by mowing operations which may include adding soil and seeding damaged areas as needed. Along with each mowing, the Contractor shall trim around trees, shrubs, poles, fences and other objects to match the height and appearance of the surrounding vegetation. Only upon request of the project manager will you be required to edge vegetation growing over curb and sidewalk. A good -faith attempt will need to be made to keep all voluntary vegetation to a minimum in and around any buildings, fences, along alleyways, sidewalks and other rights -of -way and particularly in areas where there are blind spots being created. Occasionally, illegal dumping occurs on city owned lots in which case the City will be in charge of removing larger items such as stoves, mattresses, tires, furniture etc. The contractor will submit either by letter, fax or email to the project manager the location and a detailed list of the items needing to be picked up. The bidder shall bid a per unit price (per lot/per occurrence price) for lots under one (1) acre and an hourly rate for lots one (1) acre or more, for all city owned lots under the control of the Planning and Zoning Depailinent. All bidders should know that the list of properties fluctuates as the city is continually acquiring and selling properties. The contract will be for a two year period, covering the 2024 and 2025 mowing season. RECEIVING OF BIDS All bids must be received in a sealed mailing container or envelope and be plainly marked on the outside with the notation `SEALED RFB FOR 2024 AND 2025 RESIDENTIAL LOTS/MISCELLANEIOUS AREAS MOWING AND LOT MAINTENANCE SERVICES CONTRACT — in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street, Waterloo, IA 50703 (date and time stamped) by Thursday April 4, 2024 at 1:00 p.m. (our clock), Central Time, in order to be considered for the 2024 and 2025 mowing season. Bids sent electronically or via facsimile will not be accepted. OPENING OF BIDS All proposals received will be opened in the Harold E. Getty Council Chambers in City Hall of said City, on the 4th day of April, 2024 at 1:00 p.m. The bid opening will be livestreamed on YouTube and made available on the city website. Bids will be evaluated promptly after opening. The awarding of the contract is expected to be at the City Council meeting on Monday April 15, 2024. PUBLIC HEARING The Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2024 and 2025 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Services contract at the City Council Meeting, Monday April 15, 2024 at 5:30 p.m. Page 10 of 85 The contract documents are on file on the first floor in the City Clerk's office, City Hall, 715 Mulberry Street, and in the Planning and Zoning Department, second floor in Waterloo City Hall, 715 Mulberry Street, Waterloo, Iowa for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposals may be withdrawn any time prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) calendar days thereafter. CONTRACT PERIOD The period of time covered under this proposed contract shall be approximately May 1, 2024 to October 31, 2025. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Planning and Zoning Department with the exception that the required list of adequate equipment available for the proposed project may be submitted as a separate attachment and the bid bond can be supplied by the bidding company's insurance provider. The bidder shall bid a per unit price (per lot/per occurrence price) for all city owned lots and miscellaneous areas that are under 1 acre, and per hour price per occurrence for all city owned lots and miscellaneous areas that are over 1 acre. BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States or the State of Iowa, a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States or the State of Iowa, or a bid bond payable to the City of Waterloo, Iowa, in the sum of Fifteen Hundred Dollars ($1,500.00), which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the mowing work and will furnish the required bonds, and in case the successful bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained by said City as agreed liquidated damages. If a bid bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. CONTRACT AWARD The City shall award one contract to the lowest responsible Bidder whose bid conforms to the Specifications listed in this RFB and is most advantageous to the City, and the Planning and Zoning Department, price and other factors considered. The City reserves the right to award a contract for any single Option, any combination of Options, or all Options together. They city may award the contract at the time of bid hearing, however, the City and the Planning and Zoning Department may need time to review the contract bids and bidder information, in which case the award would be made within sixty (60) days after bid opening. The City reserves the right to waive any and all parts of a specific bid. BOND The successful Bidder shall furnish a Performance Bond, within ten (10) days after notification of acceptance of the bid, in the amount of Twenty Thousand Dollars ($20,000.00). The Bond is to be issued by a responsible surety approved by the City Clerk's office and City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operation of the Contractor. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Actions Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000 in city projects during the current calendar year. METHOD OF PAYMENT TO CONTRACTOR Payment to the contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual number of times each lot is mowed (and hours spent mowing for lots over 1 acre), keeping in mind that this is an as needed basis contract and that the residential lots/miscellaneous areas need only be maintained (mowed) at a height of (4") or less and shall not be mowed unless the average grass on a site exceeds 6". Lots shall not be mowed more than once per week regardless. A detailed bill of completed work must be received and approved by the Planning and Zoning Department (project manager) located at 715 Mulberry St., Waterloo, Iowa before payments will be made. The billing shall include: • Property addresses and/or description of where work was performed • Number of times and the date each property was mowed each month Page 11 of 85 CITY OF WATERLOO, IOWA Planning and Zoning Department INSTRUCTION TO BIDDERS I. EXPLANATION TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Request for Bids must be requested in writing via email or letter, and with sufficient time allowed for a reply to reach all bidders before submission of their bids. Any interpretation or changes made to the RFB will be in the form of an addendum of the Request for Bids and will be furnished to all prospective bidders. All prospective bidders will receive mail or email notifications of any addendums by the Project Manager. All bidders must acknowledge in the space provided on the Bid Form acknowledgement of such addendums received by the Project Manager prior to the 1:00 p.m. bid deadline set for the opening of bids. Oral explanations or instructions given before the award of the contract will not be accepted. II. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Planning and Zoning Department. Before submitting a bid, each bidder shall carefully read the specifications and all other contract documents. Each bidder shall be fully informed, prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in its bid a sum to cover the cost of all items necessary to perform the work as set forth in the contract documents. No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Request for Bids and Notice to Bidders after the exact time set for closing of bids_(Thursday, April 4, 2024, at 1:00 p.m.) will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City, will be considered at any time it is received and may thereafter be accepted. Bids may be withdrawn by written request received from bidders prior to the time set for closing of bids. IV. PUBLIC HEARING The Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2024 and 2025 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Services Contract at the City Council Meeting, Monday April 15, 2024 at 5:30 p.m. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. V. COLLUSIVE AGREEMENTS A. Each bidder submitting a bid shall execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that it has not colluded with any other person, firm, or corporation in regard to any bid submitted. B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that it has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. VI. MBE/WBE CONTRACT COMPLIANCE PROGRAM All Bidders have the responsibility to comply with the City of Waterloo MBE/WBE Contract Compliance Program. City of Waterloo Contract Compliance Officer is Rudy D. Jones, Director of Community Development, located at: 620 Mulberry Street Suite 202, Waterloo, Iowa 50703, (319) 291-4429 Page 12 of 85 VII. EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The project area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. VIII. STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall, upon request of the Planning and Zoning Department submit on the form furnished a statement of the Bidder's qualifications, his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested, a detailed financial statement. The Planning and Zoning Department shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish the Planning and Zoning Department all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the Planning and Zoning Department that the Bidder is qualified to carry out properly the terms of the Contract. IX. EXECUTION OF AGREEMENT, BOND, AND CERTIFICATE OF INSURANCE A. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in such number of copies as the City, may require. B. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall, within the period specified in paragraph "A" above, furnish a surety bond in a penal sum of $20,000, as security for the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by it in performing the work. Such bond shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bond. C. The successful bidder shall, within the period specified in paragraph "A" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Conditions. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Named Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the same amounts for approval before each commences work. The contractor shall carry or require that there be Worker's Compensation insurance for all its employees and those of its subcontractors engaged in work at the site, in accordance with State Worker's Compensation Laws. D. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds and certificate(s) of insurance within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City, may grant, based upon reasons determined sufficient by the City, may either award the contract to the next lowest responsible bidder or re -advertise for bids, and may charge against the bidder the amount of the bid guaranty. If a more favorable bid is received by re -advertising, the defaulting bidder shall have no claim against the City of Waterloo, or Planning and Zoning Department for a refund. Page 13 of 85 CITY OF WATERLOO, IOWA Planning and Zoning Department GENERAL CONDITIONS Definitions Whenever used in any of the Contract Documents, these terms shall be defined as follows: Contract - means the Contract or Agreement executed by and between the City of Waterloo and the Contractor. Owner or Local Public Agency (LPA) - means the Planning and Zoning Department of the City of Waterloo. Project Manager — Aric Schroeder, City Planner for the City of Waterloo, or designee. Phone: (319) 291-4366. Contractor - means the person, firm or corporation entering into the Contract with the City of Waterloo, to maintain properties as described in the Specifications provided. Contract Documents - means and shall include the following: Executed Contract or Agreement, Addenda (if any), Request for Bids, Instructions to Bidders, Signed copy of Bid, General Conditions, Special Conditions, Specifications (and Plans or Drawings when required). Superintendence by Contractor Except where the Contractor is an individual and gives personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the Planning and Zoning Department, who shall generally be on the work site at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all information before proceeding with the work and be held responsible for any error resulting from failure to do so. Other Contracts The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that to be performed under other Contracts as may be directed by the Planning and Zoning Department. The Contractor shall not commit or permit any act in which will interfere with the performance of work by any other Contractor as scheduled. Fitting and Coordination of the Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. Care of Work The Contractor shall be responsible for all damages to person or property that occur as result of negligence in connection with the execution of work under this contract and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Planning and Zoning Department. The Contractor shall provide sufficient security, both day and night, including weekends and holidays, from the time the work is commenced until final completion and acceptance, except when work being performed does not require protection. The Contractor shall be responsible for any loss of work, materials, equipment or time due to acts of any person on the project site. Therefore, it is the responsibility of the Contractor to determine when security is needed. The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. Page 14 of 85 General Requirements The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed. No extra allowance will be made because of lack of such examination or knowledge. Contractor shall not disturb (damage) existing walks, drives, parking areas, trees, shrubs, or turf within or areas outside the limits of the project. If disturbed, these items shall be replaced by the Contractor at no cost to the City or the Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and equipment during time of performing services. Upon request, the City Forester will determine the extent of protection necessary for the trees. Permits and Codes The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. Liability Insurance The Contractor shall at all times during the term of the contract maintain in full force and effect, at its own expense, Employer's Liability, Worker's Compensation, Automobile, Public Liability and Property Damage Insurance, and other insurance and bonds as set forth below, including contractual liability coverage for the indemnity and hold harmless provisions of this Agreement. Each policy shall require at least 30 days' advance written notice to the City in the event of cancellation or material change in terms. The City of Waterloo, Iowa shall be specifically named as an additional insured on all insurance. Such coverages shall be primary, non-contributing and contain waivers of subrogation against any coverage held by the City. Before commencement of work hereunder, the Contractor agrees to furnish the City with certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. Insurance coverages shall comply with the limits specified below: Coverages Worker's Compensation Employer's Liability Bodily Injury Liability (Except automobile) Property Damage Liability (Except automobile) Automobile Bodily Injury Liability Excess Liability Automobile Property Damage Liability Limits of Liability Statutory $500,000 $1,000,000 each occurrence $1,000,000 each occurrence $1,000,000 each occurrence $ 5, 000, 000 $1,000,000 each occurrence Page 15 of 85 CITY OF WATERLOO, IOWA Planning and Zoning Department Bid Specifications for 2024 and 2025 Residential Lots Mowing/Miscellaneous Areas Mowing and Lot Maintenance Services Contract (May 1, 2024-October 31, 2025) SCOPE OF WORK The Contractor shall provide all labor and equipment necessary for mowing, trimming and removal and disposal of various debris. Assigned areas shall be mowed on an as needed basis when the average height of grass on a site exceeds (6"), while maintaining a mowing height not to exceed four (4") in height. Prior to each mowing, the Contractor shall remove all trash and debris including paper, branches, rocks, and other portable objects. All trash and debris shall be legally disposed of, off site, at no additional expense to the Planning and Zoning Department. Additionally, the contractor shall be responsible for cleaning up and repairing all damage created by mowing operations which may include adding soil and seeding damaged areas as needed. Along with each mowing, the Contractor shall trim around trees, shrubs, poles, fences and other objects to match the height and appearance of the surrounding vegetation. Only upon request of the project manager will you be required to edge vegetation growing over curb and sidewalk. A good -faith attempt will need to be made to keep all voluntary vegetation to a minimum in and around the any buildings, fences, along alleyways, sidewalks and other rights -of -way and particularly in areas where there are blind spots being created. Occasionally, illegal dumping occurs on city owned lots in which case the City will be in charge of removing larger items such as stoves, mattresses, tires, furniture etc. The contractor will submit either by letter, fax or email to the project manager the location and a detailed list of the items needing to be picked up. DAMAGE PROTECTION The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, signs, mailboxes, fences, benches, utilities, and other fixtures. Any damage caused by the Contractor shall be completely repaired at no additional cost to the Planning and Zoning Department. At no time shall any mowing equipment come in contact with any privately owned tree or shrub during mowing. Any tree or shrub damaged by the Contractor shall be replaced at the direction of the Planning and Zoning Department with no additional cost to the Planning and Zoning Department. The Contractor shall avoid damage to turf grass and underlying soil and grade. Any rutting and related turf loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction of the Planning and Zoning Department with no additional cost to the Planning and Zoning Department. The Contractor shall take all necessary precautions to protect pedestrians and motorists from personal injury and property damage. All equipment safety guards shall remain intact and serviceable. The Contractor shall carry liability insurance as detailed in the GENERAL CONDITIONS to cover any damage claims. SCHEDULING OF WORK The Planning and Zoning Department may add or delete mowing of areas based on growing conditions, budget constraints or some lots may be sold or acquired throughout the year. The Planning Department will provide the Contractor with notification of any changes to the list of lots covered under the Contract. REQUIRED EQUIPMENT The Contractor shall provide a complete inventory of sufficient and proper equipment to perform all work in a safe and timely manner. Equipment listed on the Bid Form will be verified by the Planning and Zoning Department to determine whether it is adequate for this mowing contract. A portfolio of existing or past contracts with letters of recommendations would be helpful in verifying the bidder's qualifications. Types of mowing equipment required for this contract: Line trimmers Walk -behind mowers Utility tractors with heavy-duty mowers Page 16 of 85 Types of other equipment required for this contract in addition to equipment listed above: Pull behind trailer or usable truck bed Tarps or enclosed trailer for hauling brush when required Hedge trimmers Note: City ordinance requires all loads being transported must be completely covered. The City is not responsible for paying any fines you may be issued. For larger parcels that are overgrown, contractor shall have access to a brush hog type of mower so that contractor can meet the city's timeframe requirements. Excess amounts of cut grass and vegetation will need removed and not left on parcels or blown onto the sidewalk or into the street right-of-way. CONTRACTOR OR THEIR DESIGNEE MUST BE REACHABLE BY PHONE MONDAY THROUGH FRIDAY 8:00 A.M. TO 5:00 P.M. Page 17 of 85 CITY OF WATERLOO, IOWA Planning and Zoning Department 2024 and 2025 Residential Lots /Miscellaneous Areas Mowing and Lot Maintenance Services Contract REQUEST FOR BIDS The City of Waterloo Planning and Zoning Department is soliciting bids to provide equipment and labor for mowing and lot maintenance of City of Waterloo properties (the "Services") on an as -needed basis. All bids shall include a completed price quote. Conditions governing the Services are contained in the proposed form of Contract, attached to this RFB and by this reference incorporated herein. A. SUBMITTING AND OPENING PROPOSALS All proposals must be received in a sealed envelope in the City's Clerk's office (date and time stamped) by Thursday, April 4, 2024 at 1:00 p.m., Central Time (our clock) in order to be considered. The City Clerk's office is located at 715 Mulberry St., Waterloo, Iowa 50703. Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation "SEALED RFB FOR 2024 AND 2025 RESIDENTIAL LOTS/MISCELLANEOUS AREAS MOWING AND LOT MAINTENANCE SERVICES CONTRACT," and the name of the company submitting the proposal. The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Bidder. Similarly, the City is not responsible for, and will not open, any bid responses that are received later than the date and time stated above. Late proposals will be retained in the RFB file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. All proposals received by the bid deadline will be opened in the Harold E. Getty Council Chambers in City Hall, at 1:00 p.m., and the proposals will be acted upon at such later time and place by the City Council. The bid opening will be livestreamed on YouTube and made available on the city website. The main purpose of this opening is to reveal the name(s) or the Proposer(s), not to serve as a forum for determining the award of bids. The City of Waterloo will conduct a public hearing on the proposed specifications and form of contract for the 2024 and 2025 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Services Contract at the City Council Meeting, Monday April 15, 2024 at 5:30 p.m. The contract documents are on file on the first floor in the City Clerk's office, City Hall, 715 Mulberry Street, and in the Planning and Zoning Department, second floor in Waterloo City Hall, 715 Mulberry Street, Waterloo, Iowa for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. After an award is made, a bid summary will be sent to all companies who submitted a bid. Bids may be withdrawn any time prior to the scheduled closing time for receipt of bids; no bid may be modified or withdrawn for a period of sixty (60) calendar days thereafter. B. SCOPE OF SERVICES Services to be performed by the successful respondent (the "Contractor") for the City will be those described in the form of Contract attached hereto and these Specifications, which generally include but are not limited to mowing properties on an as -needed basis. C. REQUIRED INFORMATION: 1. All bids must be submitted on the included bid form, and include the noted required information. Page 18 of 85 2. Important Exceptions to Contract Documents — The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating the proposals. Companies are cautioned that exceptions taken to this RFB may cause their proposal to be rejected. 3. Incomplete Information — Failure to complete or provide any of the information requested in this RFB may result in disqualification by reason of non -responsiveness. D. AWARD OF CONTRACT 1. Final selection of a contractor will be made of the responsive and responsible firm whose proposal, conforming to these documents, is most advantageous and offers the greatest overall value to the City of Waterloo with regard to the criteria detailed and the specifications set forth herein. The City will evaluate proposals in light of all factors it considers relevant, including but not limited to price, prior dealings, reputation, knowledge, skills, demonstrated commitment of the humane treatment of animals, demonstrated experience in managing and working with animals, nature and quality of facilities, and other information provided by the proposer in response to this RFB. 2. The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any proposer. The City reserves the right to defer acceptance of any proposal for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving proposals. 3. The City may select a proposer based on an "all or none" proposal, on individual responses, or as is otherwise deemed to be in the best interest of the City. 4. A Proposer's submission of a proposal constitutes its acceptance of the City's evaluation technique described in this section and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5. Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 6. After award, the Proposer will be required to enter into a written contract with the City that is substantially in the form attached hereto. 7. In the event a contract is terminated between both parties for any reason, the City of Waterloo will award the contract by offer to the next qualified bidder. The City of Waterloo reserves the right to award only those proposals that were opened in the Harold E. Getty Council Chambers on the second floor of City Hall, 715 Mulberry Street, Waterloo, Iowa on Thursday, April 4, 2024. E. MISCELLANEOUS 1. Questions regarding miscellaneous items will be directed to Aric Schroeder in the Planning and Zoning Department, 319.291.4366, Monday through Friday from 8:00 a.m. to 5:00 p.m. 2. This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. CONTRACTOR OR THEIR DESIGNEE MUST BE REACHABLE BY PHONE MONDAY THROUGH FRIDAY 8:00 A.M. TO 5:00 P.M. Page 19 of 85 F. GENERAL TERMS AND CONDITIONS OF PROPOSAL 1. LANGUAGE, WORDS USED INTERCHANGEABLY — The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should be clearly shown on each document. 4. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 5. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 6. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officials, officers, employees and agents, from and against any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or company whatsoever, including the parties hereto and their employees, that may arise, occur, or grow out of any acts, actions, work or other activity done by the Contractor, its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of the contract. 7. PROPOSAL CURRENCY/LANGUAGE - All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the contract regardless of the exchange rate. All proposal responses must be submitted in English. 8. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 60 days after acceptance and on receipt of an original invoice. 9. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the contract documents and shall be acknowledged and dated on the signature page. 10. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated herein by reference. 11. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 12. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposers will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service, or other means. 13. CANCELLATION - Either party may cancel the contract in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 14. ASSIGNMENT - Proposer shall not assign the contract or any monies to become due thereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 15. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 16. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognizes this and waives any claim against the City of Waterloo and any of its officials, officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its officials, officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. Page 20 of 85 Page 21 of 85 CITY OF WATERLOO, IOWA Community Planning and Development Department 2024 and 2025 Residential Lots Mowing/Miscellaneous Areas Mowing and Lot Maintenance Services Contract BID FORM BIDDER: ADDRESS: COMPANY NAME PHONE: ( ) 1. The undersigned, being a Corporation existing under the laws of the State of , or a limited liability company existing under the laws of the State of , or a Partnership consisting of the following partners: having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all the Contract Documents now on file in the offices of the City Clerk, City Hall, 715 Mulberry Street, Waterloo, Iowa, and the Planning and Zoning Department, 715 Mulberry Street, Waterloo, Iowa hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services required to complete the proposed MOWINGS, in accordance with the contract documents and for the unit price in place for the following amount: Bid Price: Price per Lot/Area per occurrence for mowing and lot maintenance services for city owned lots under 1 acre for approximately 232 Properties. dollars ($ ) Written Price Per Lot/Occurrence: Bid Price: Price per Hour per occurrence for mowing and lot maintenance services for city owned lots 1 acre or more for approximately 13 Properties. dollars ($ Written Price Per Hour/Occurrence: 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit price for the work done shall govern the actual payment to the Contractor. 3. In submitting this bid, the Bidder understands that the City reserves the right to reject any or all bids and to award one or more contracts for a single Option, all Options together, or any combination of Options. If written notice of acceptance of this Bid is mailed or delivered to the undersigned within sixty (60) days after Bid Opening, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of insurance within ten (10) days after the agreement is presented for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of dollars ($ ) in the form of , is submitted herewith in accordance with NOTICE TO BIDDERS. 5. Attached is a Non -Collusion Affidavit of Prime Contractor. 6. The Bidder is prepared to submit a financial and experience statement upon request. Page 22 of 85 7. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 8. The Bidder has received the following Addendum or Addenda: Addendum No. Date: / / / / / / 9. The Bidder shall list the MBE/WBE subcontractors, amount of subcontracts and bid items listed on the City of Waterloo Minority and /or Women Business Pre -bid Contract Information Form submitted with this Bid Form. The apparent low bidder shall submit a list of all other subcontractor(s) to be used on this project to the City of Waterloo by 5:00 p.m. the business day following the day bids on this project are due along with the Non -collusion Affidavits of ALL Subcontractor(s). The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons. 1. The City of Waterloo does not approve the subcontractors. 2. The subcontractors submit in writing that they cannot fulfill their subcontracts 10. The Contractor shall provide a complete inventory of sufficient and proper equipment to perform all work in a safe and timely manner. Equipment list may be submitted below or as a separate attachment: 11. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. 13. The owner (City of Waterloo) reserves the right to select alternatives, delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. SIGNED: DATE: / / Name and Title Page 23 of 85 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of County of , being first duly sworn, deposes and says that: 1. He/She is (Owner), (Partner), (Officer), (Representative), or (Agent) of , the Bidder that has submitted the attached Bid; 2. He/She is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title Stths-c4 dyed/ cuvi& -worn/ to- lWefo-re/ ww/thiik day of , 2024. S u -vouti re/ Titte/ My e/s- Page 24 of 85 NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) County of ) , being first duly sworn, deposes and says that: 1. He/She is (Owner), (Partner), (Officer), (Representative), or (Agent) of , hereinafter referred to as the "Subcontractor"; 2. He/She is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to , contract pertaining to the 2024 and 2025 Residential/Miscellaneous Areas mowing and Lot Maintenance Services in Waterloo, Black Hawk County, Iowa; 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title Stcbs r bed aru' jvorry to- befor& m thr;J- day of , 2024. Stare, r Page 25 of 85 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractor, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship. 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program — Contract Compliance Provisions relative to Resolution No. 24664 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by Page 26 of 85 the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. Signed: Appropriate Official Title Date Page 27 of 85 DRAFT CONTRACT CITY OF WATERLOO, IOWA 2024 and 2025 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Services Contract CONTRACT PROVISIONS This Contract for mowing (the "Contract") is made and entered into effective May 1, 2024 and ending October 31, 2025, by and between the City of Waterloo, Iowa (the "City"), and (the "Contractor"). 1. The Contractor shall furnish all supervision, technical personnel, labor, materials, supplies and equipment to perform all work required for the Contract work as described in the Specifications. 2. The Contract Documents shall consist of the following: a. This Contract b. Request for Bids c. Notice of Public Hearing d. Instruction to Bidders e. Signed copy of Bid Form f. Non -Collusion Affidavit of Prime Bidder g. Non -Collusion Affidavit of Sub -Contractor h. Equal Opportunity i. General Conditions j. Bid Specifications These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. In the event of any conflict or ambiguity among the Contract Documents, the document in the order set forth above that first addresses the issue or provision in question shall govern. 3. The Contractor agrees to be ready to commence the work within twenty-four (24) hours after the City issues a "Notice to Proceed" and to complete the work within the given time frame. Time is of the essence in the performance of duties under this Contract. The Contractor also agrees to the following: a. Contractors will abide by ordinance sections 7-1-2B(1). Contractor will not be permitted to transfer grass onto or across any city street or alley. In the event grass is transferred into any street or alley it shall be removed by the Contractor. b. Contractor will abide by ordinance sections 7-1-2F Contractors will not be permitted to blow weeds/grass onto or across any street or alley. In the event weeds/grass is transferred into the street it shall be removed by the Contractor. c. Contractors shall bag all weeds/grass taller than 12" in residential areas and dispose of the rubbish properly. Disposal can be done at the City of Waterloo Yard Waste Site located at 2749 Independence Ave., Waterloo, Iowa. d. Contractors are not to mow or trim any flowers or gardens unless specified by the Planning and Zoning Department. e. Contractors will trim around all trees, telephone poles, fences, structures, curbs and on the backside of alleys. f. In the event the Planning and Zoning Department finds that the Contractor did not fulfill its obligation, the Contractor will be required to go back to the property at no additional cost to the city or owner of the property. Page 28 of 85 g. Contractor shall remove all involuntary vines, brush, or trees along any fence and the portion of property to the alley when referral is given by the Project Manager. h. Properties found in compliance upon arrival of the contractor, will not result in additional charges to the City of Waterloo from the Contractor. 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo relating to the obstruction of streets and alleys, keeping open passageways for water and traffic, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness. 5. Except as to any negligence of City, its officials, officers, employees or agents in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in performing the work contemplated by this Contract. 6. Contractor shall be responsible for all damage to public or private property. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. The Contractor shall have no cause of action against the City on account of delays and execution of work, if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. 8. The City, at its sole discretion and without waiving any claims or rights, may allow for partial payment for the work included on an invoice for which all services have not been delivered or accepted. The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third -party claims filed or reasonable evidence that a claim will be filed, or other reasonable cause. 9. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor, then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice of termination, and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this Contract upon seven (7) days' advance written notice. In the event of termination, the Contractor shall be compensated for all necessary services satisfactorily performed through the termination date. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 10. In addition to paragraph 9 above, this Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time without cause by delivering to Contractor twenty-one (21) days' advance written notice of termination. 11. Contractor may not assign, delegate or subcontract any of its duties hereunder without the prior written consent of City. Page 29 of 85 12. Because time is of great importance when completing mowing work, the Contractor must notify the City of Waterloo at least two (2) weeks in advance including who will be filling in for them for any planned time off. 13. Any notice under this Contract shall be in writing and shall be delivered in person or by United States registered or certified mail, postage prepaid and addressed: City: Contractor: City of Waterloo, Iowa 715 Mulberry St. Waterloo, Iowa 50703 Attn: Planning Department Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed as stated above. 14. Nothing in this Contract shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the parties nor, except as expressly set forth herein, to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. Contractor is an independent Contractor. 15. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 16. In the event any provision of this Contract is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 17. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except by the mutual written agreement of the parties. 18. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work, the City agrees to pay the Contractor as set forth on Exhibit "A" (Bid Form) attached hereto. IN WITNESS WHEREOF, the parties have executed this Contract for Mowing by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR Quentin Hart - Mayor Name of Company Kelly Felchle -City Clerk By: Title: Page 30 of 85 Exhibit "A" 2024-2025 Mowing List as of 3/1/24 Property Lot Sq ft Sidewalk PIN Note Between 1305 & 1311 W 2nd St 2,115 y 891326307003 formerly 1309 W 2nd St NW of 434 Bayard St 3,585 59,959 3,276 y 891326357005 formerly 430 Bayard St NW of 714 La Porte Rd n 891336253035 891326129029 891326129028 891326129034 891326129026 891326128015 Former voleball courts of bowling alley. Over 1 acre. West of 133 University Av y Formerly 135 University Av. West of 133 University Av 3,276 y Formerly 137 University Av. East of 157 University Av 4,651 y East of 157 University Av 6,552 y Consider combining these four parcels. West of 226 Leland Av 6,505 y someone is parking on it...they should mow, or stop parking on it. Formerly 232 Leland Av Between 704 & 710 W 1st St 4,231 y 891326177011 formerly 706 W 1st St East of 139 Dawson St 3,899 y 891314486006 formerly 121 Cutler St, south of corner lot South side of Dawson St at Lincoln St 1,134 y 891314485010 891322155008 891322155018 891314483009 East of 516 Upton Av 4,862 n East of 516 Upton Av 2,616 n Consider combining both parcels. North of 1003 Logan Av 6,450 y formerly 1007 Logan Av North of 130 St Albans St 6,017 y 891323284001 formerly 201 Lincoln St West of 318 Center St 6,850 y 891323229014 formerly 326 Center St SE Cor. of Conger St & Broadway St 6,370 y 891323204001 Note there is a traffic box on part of this lot, so we could not sell the entire lot East of 122 W Parker St 5,000 y 891314433013 formerly 116 W Parker St East of 424 Dawson St 4,166 y 891314458011 formerly 420 Dawson St East of 851 Dawson St 6,552 y 891314358004 formerly 847 Dawson St South of 1015 Lincoln St 6,450 y 891314476008 formerly 1013 Lincoln St South of 725 Fairview Av 7,646 y 891323127013 formerly 717 Fairview Av East of 514 Bratnober St 2,080 y 891323207007 Formerly 508 Bratnober St. Demoed summer 2021. NE of 627 W 2nd St 4,995 y 891326253011 formerly 623 W 2nd St West of 651 Kern St 9,780 y 891314381031 Formerly 663 Kern St. Demoed fall 2021. North of 3127 Logan Av 26,227 n 891302476048 East of 3338 W Airline Hwy 7,480 , n 891305476015 Lot 2 of Wesport Addition. NE Cor. of Ansborough Av & Upton Av 30,213 n 891322153032 West of 917 Hartman Av 5,616 n 891328229001 North of 1021 Chalmers Av 6,777 257,411 73,822 14,001 n 891328229021 700 Blk of University Av West of US Hwy 63 n 891327226002 Former Weissman Iron & Metals. Over 1 acre. Lafayette St between Colorado St and Indiana St y 891230328011 Formerly 2265 Lafayette St, Lafayette School. Over 1 acre. West of 1330 Dearborn Av & 1127 Calhoun St n 891229306012 SW Cor. of Courtland St & Elm St 3,910 y 891325207006 formerly 326 Courtland St Between 806 Gilbert St & 1310 Cottage Grove Av 7,616 n 891229303009 West of 1919 Lafayette St 3,672 y 891230157007 formerly 1915-1917 Lafayette St. Under development agreement, soon to be conveyed. East of 1903 Lafayette ST 4,466 y 891230157008 Under development agreement, soon to be conveyed. SE of 1202 Sycamore St 5,734 y 891325181003 formerly 1218 Sycamore St SW of 1202 Sycamore St 5,475 y 891325181007 formerly 118 E 10th St SE of 1202 Sycamore St 4,778 y 891325181002 SE of 1202 Sycamore St 12,184 y 891325181004 North of 515 Independence Av 6,447 n 891324479019 formerly 519 Independence Av, alley access only Between 319 & 327 Glenwood St 3,992 y 891324454007 Between 222 & 232 Gable St 6,998 y 891313379004 formerly 230 Gable St Page 31 of 85 Exhibit "A" 2024-2025 Mowing List as of 3/1/24 Property Lot Sq ft Sidewalk PIN Note Between 314 & 328 E 1st St 8,968 y 891323478017 formerly 320 E 1st St NE of 117 E 9th St 2,520 y 891325176017 formerly 121 E 9th St NE of 117 E 9th St 4,682 y 891325176016 corner of E 9th St and Sycamore St NE of 117E 9th St 7,202 y 891325176005 NE of 117E 9th St 6,246 y 891325176004 Behind 117 E 9th St 7,454 y 891325176012 formerly 116-118 E 8th St West of 1335 Mulberry St 6,292 y 891325251007 formerly 1331 Mulberry St SW Cor. of Franklin St & Linden Av 6,826 y 891325278006 formerly 1828 Franklin St North of 506 Elm St 5,428 y 891325212016 formerly 510 Elm St South of 326 Fowler St 3,758 y 891325211007 formerly 515 Elm St Between 868 & 876 Fowler St 3,136 y 891230106013 891325211001 891325211002 891325212002 SE Cor. of Fowler St & Lane St 2,106 y formerly 302 Fowler St East of SE Cor. of Fowler St & Lane St 2,106 y formerly 304 Fowler St. Consider combining these two parcels East of 402 Fowler St 2,613 y Formerly 404 Fowler St. South of 608 Vinton St 3,501 y 891325227017 formerly 602 Vinton St West of 606 Independence Av 7,006 y 891325227001 This parcel acquired in 1988 by CLD 597197, presumably for intersection imp. Should Planning mow? SW Cor. of N Barclay St & Salisbury St 3,626 y 891324184009 This parcel acquired in 1972 by DEED 501897, presumably for road. Should Planning mow? North of 724 Vinton St 6,601 y 891324480002 formerly 728 Vinton St South of 733 Vinton St 4,389 y 891324479008 formerly 731 Vinton St North of 724 Vinton St 7,679 y 891324480001 formerly 734 Vinton St South of 749 Vinton St 6,583 y 891324479005 formerly 745 Vinton St North of 439 Cherry St 3,920 y 891324458009 formerly 449-447 Cherry St West of 718 Glenwood St 860 y 891324482001 small triangular lot west of parcel 891324482002 North of 508 Mobile St 8,200 y 891324477001 891323434003 891323434002 11 formerly 520 Mobile St, at dead end of Mobile Across from 81 Lafayette St 2,825 y Across from 81 Lafayette St 2,825 y Consider combining these 2 parcels. North of 221 Ash St 8,456 y 891324429005 South of 239 Ash St 8,458 y 891324429004 formerly 233 Ash St NE Cor. of Mulberry St & Oak Av 3,916 y 891323428020 Portion needed for right-of-way North of 1015 Mobile St 4,773 n 891324260010 formerly 1017 Mobile St North of 235 Jackson St 5,463 y 891324257010 formerly 239 Jackson St Between 155 & 167 Harrison St 7,044 y 891323288003 891323288005 891323288006 891323288007 891324183008 891323285009 891323285010 'Consider 891219205007 East of 155 Harrison St 7,044 y East of 155 Harrison St 9,391 y West of 137 Harrison St 4,696 y Consider combining these three parcels South of the SW Cor. Of N Barclay St & Oneida St 4,669 y formerly 213 N Barclay St 400 Blk Logan Av South of 105 Lincoln St 4,020 y 400 Blk Logan Av South of 105 Lincoln St 7,059 y combining both parcels. Formerly 421 Logan Av South of 2306 City View St 7,357 n East of 122 Sumner St 4,717 y 891324179005 Used as parking lot, look at selling. Formerly 132 Sumner St 100 Blk Sumner St West of 211 Linn St 8,472 y 891324176010 formerly 121 Sumner St West of 410 Adams St 8,794 y 891324134009 formerly 402 Adams St East of 418 Adams St 8,819 y 891324134013 formerly 426 Adams St West of 519 Adams St 3,519 y 891324207008 formerly 509 Adams St Page 32 of 85 Exhibit "A" 2024-2025 Mowing List as of 3/1/24 Property Lot Sq ft Sidewalk PIN Note NW Cor. of Adams St & E 4th St 17,049 y 891324107006 South of 120 Peek St 5,630 y 891324208016 formerly 116 Peek St North of 806 Logan Av 7,480 y 891324101009 formerly 812 Logan Av West of 123 Conger St 7,509 y 891323228002 formerly 125 Conger St South of 328 Ricker St 5,219 y 891313383009 formerly 821 Manson St West of 437 Ricker St 7,115 y 891313381010 East of 119 Ricker St 5,343 y 891313356010 formerly 129 Ricker St NE Cor. of Ricker St & Hwy 63 4,888 y 891313354020 North of 1809 E 4th St 7,755 y 891313356007 East of 307 Gable St 7,347 y 891313377012 formerly 315 Gable St 300 Blk Gable St West of 1009 Manson St 7,344 y 891313377010 East of 306 Charles St 7,340 y 891313331003 formerly 312 Charles St West of 220 Independence Av 8,339 y 891325202003 West of 824 Fowler St 8,424 y 891230106005 formerly 820 Fowler St East of 307 Adams St 3,410 y 891324132026 300 Blk Adams St East of 307 Adams St 8,579 y 891324132025 West of 327 Adams St 8,581 y 891324132024 consider combining these three parcels West of 117 Smith St 2,522 y 891324458021 formerly 115 Smith St East of 518 Cottage St 6,709 y 891324251005 formerly 520 Cottage St East of 620 Fowler St 7,006 y 891325234005 formerly 622 Fowler St North of 902 Logan Av 9,167 y 891313357007 902 Logan Av 14,208 y 891313357008 Dunsmore house. Consider combining these two parcels East of 126 Dearborn Av 8,541 y 891230305006 formerly 134 Dearborn Av 700 Blk Willow St East of 522 Beech St 13,858 y 891324427002 formerly 710 Willow St East of 217 Independence Av 3,252 y 891324457014 formerly 223 Independence Av South of 415 State St 8,380 y 891230151008 formerly 409 State St 200 Blk Courtland St South of 206 Irving St 2,261 y 891325202010 formerly 211 Courtland St NE Cor. of Courtland St & Irving St 3,944 y 891325202011 Consider combining these two parcels North of 1804 E 4th St 4,211 y 891313379013 Formerly 1808 E 4th St 1804 E 4th St 5,760 y 891313379012 Consider combining these two parcels. Home demolished in 2023. 700 Blk Vinton St North of 711 Vinton St 6,583 y 891324479011 formerly 717 Vinton St 700 Blk Vinton St North of 711 Vinton St 6,583 y 891324479010 Consider combining these two parcels 200 Blk of Hopkins Ct SE of 208 Salisbury St 4,495 n 891324184016 Formerly 220 Hopkins Ct. Demoed fall 2021. East of 3116 Franklin St 9,015 n 891229276008 formerly 3126 Franklin St West of 918 Newell St 52,380 n 891324203003 Formerly 820 Newell St. Over 1 acre. 1027 Sycamore St 2,389 y 891325137011 Building demolished in 2021 NW of 1027 Sycamore St 2,090 y 891325137012 formerly 1025 Sycamore St NE of 1027 Sycamore St 4,479 y 891325137010 1000 Blk of Sycamore SE of 204 E 8th St 8,958 y 891325137013 consider combining these 4 parcels East of 215 Sumner St 5,658 y 891324177016 formerly 219 Sumner St West of 225 Sumner St 5,656 y 891324177015 Formerly 223 Sumner St. Consider combining these two parcels. North of 415 Lane St 7,149 y 891324457010 formerly 419 Lane St 00 Blk of Lane St, across street from 82 Lane St 4,120 y 891325251003 NE of 410 Thompson Av 4,225 y 891323431012 formerly 414 Thompson Av Page 33 of 85 Exhibit "A" 2024-2025 Mowing List as of 3/1/24 Property Lot Sq ft Sidewalk PIN Note South of 326 Oak Av 1,754 y 891323430018 formerly 310 Oak Av SW of 406 E 10th St 2,626 y 891325209011 formerly 1201 Mulberry St South of 41 John St 6,233 n 891313351036 formerly 27 John St South of 414 Logan Av 7,971 y 891324156007 formerly 408-410 Logan Av South of 114 Warneka St 11,096 y 891313459019 formerly 915 Newell St NE of 409 E 8th St 9,519 y 891325127007 formerly 411 E 8th St SE of 906 Franklin St 2,785 y 891325127002 East of 124 Center St 31,007 y 891323231002 Formerly 120 Center St. Demoed fall of 2021. 100 Blk of Sumner St West of 211 Linn St 8,400 y 891324176011 891229358002 891229358003 891229358021 891229358001 891229226026 I 891229226025 891229226024 891313307009 Formerly 115 Sumner St. Demoed summer 2021. 1000 Blk of Fulton St across from 1013 Fulton St 10,400 n Formerly 1004 Fulton Av. Demoed fall 2021. 1000 Blk of Fulton St across from 1013 Fulton St 5,200 n 1000 Blk of Fulton St across from 1013 Fulton St 3,180 n 1000 Blk of Fulton St across from 1013 Fulton St 5,070 n consider combining these four parcels South of 171 Rebecca Ln 11,548 n Formerly 179 Rebecca Ln. Demoed fall 2021. South of 171 Rebbecca Ln 12,067 147,668 82,291 n East of 171 Rebbecca Ln n Consider combining these three parcels. Over 1 acre. 111.1.111111101111WRWIPIIIMPryard only. Under 1 acre. h . Mow front yard only. Under 1 acre. 123 E Parker St y 2127 E 4th St 126,154 y 891313307026 1526 E 4th St 7,263 y 891324129013 Formerly 1526 E 4th. Demoed 2022. 1527 E 4th St 4,271 y 891324105007 Formerly 1527 E 4th. Demoed 2022. 100 Blk of Shilliam Av across from 209 Jackson St 5,164 y 891324405003 Formerly 118 Shilliam Av. Demoed fall 2021. West of 218 Cottage St 8,441 y 891324176002 891324476004 891324476003 I 891324476009 Formerly 214 Cottage St. Demoed fall 2021. 900 Blk of Linden Av North of 751 Glenwood St 6,046 y Formerly 915 Linden St. Demoed fall 2021. 900 Blk of Linden Av North of 751 Glenwood St 6,047 y Consider combining these two parcels West of 729 Glenwood St 6,300 y Formerly 725 Glenwood St. Demoed fall 2021. West of 150 Harrison St 4,346 y 891323285027 891230308009 891230308008 IConsider 891324410001 Formerly 154 Harrison St. Demoed fall 2021. West of 246 Hogle St 5,473 y Formerly 242 Hogle St. Demoed fall 2021. West of 246 Hogle St 5,501 y combining these two parcels SE Cor. of Merriman St & Halstead St 3,564 y Formerly 200 Merriman St. Demoed fall 2021 105 E 11th St 26,880 y 891325181005 r lumber On demo list. Parcel used by bridge contractor. Removed from list for now. yard. 307 Sumner St 4,722 y 891324178017 Formerly 307 Sumner St. Demoed 2022 335 Sumner St 5,072 y 891324178010 Formerly 335 Sumner St. Demoed 2022 East of 402 Courtland St 10,200 y 891325208002 Formerly 408 Courtland St. Demoed 2022. 70 Sycamore St 39,636 y 891323476001 Former Crystal Ice building. 90 Sycamore St 15,228 y 891323476002 Former Crystal Ice building. 516 Pine St 3,810 y 891324310002 Soon to be sold to developer to be rehabed. 521 Pine St 4,601 y 891324307010 Soon to be sold to developer to be rehabed. West of 508 Adams St 8,743 y 891324210001 East of 427 Rath St 4,056 y 891230303007 East of 2012 Lafayette St 7,554 94,009 10,272 y 891230304006 1515 Sycamore St y 891325259002 Former Rath Administration building. Over 1 acre. East Cor. of Sycamore St & E 10th St y 891325180014 NW of 1217 Sycamore St 6,688 y 891325180013 formerly 1211 Sycamore St Between 508 & 526 Locust 1,927 y 891326331006 formerly 520 Locust St Page 34 of 85 Exhibit "A" 2024-2025 Mowing List as of 3/1/24 Property Lot Sq ft Sidewalk PIN Note Between 1128 & 1206 Washington St. 9,380 y 891325307007 Adj. to 622 W 9th St 2,774 y 891326432012 formerly 626-628 W 9th St West of 1129 South St 7,323 y 891325307024 East of 1023 South St 3,566 y 891326433006 formerly 1029 South St NW of 1316 Washington St 3,167 y 891325354049 City acquired from State CLD 623 Pg 63. Is planning responsible to mow? NE of 622 W 9th St 2,854 y 891326432010 East of 1421 Hawthorne Av 5,415 y 891336105018 formerly 1423 Hawthorne Av West of 1133 Bertch Av 6,362 y 891335226017 Formerly 1131 Bertch Av. This property should be a high priority to sell SE of 1018 Wellington St 8,423 y 891326476006 891325153003 891325153002 891325307032 891325307033 891325307003 formerly 1020 Wellington St SE of 915 Commercial St 6,784 y formerly 919-925 Commercial St (Castle Apartments) 100 Blk W 8th St SE of 915 Commercial St 3,618 n Consider combining these two parcels SE of 1218 Washington St 6,853 y NW Cor. of W 11th St & South St 10,832 y Consider combining these two parcels NW of 1124 Washington St 8,447 y formerly 1120 Washington St NE of 620 W 7th St 2,421 y 891326426007 formerly 614 W 7th St NE of 619 W 7th St, behind 908-910 South St 3,000 n 891326431002 Formerly 613 W 7th St. Alley access only. NW of 1108 Grant Av 6,981 y 891326481001 formerly 1100 Grant Av SW of 326 W 14th St 4,210 y 891325377008 formerly 328 W 14th St 742 Grant Av 3,936 y 891326411007 Building demolished in 2021 NE of 326 W 14th St 8,540 y 891325377006 817 Bluff St 20,517 y 891326283016 Quonset Hut part of former Johnstone Supply. Includes sidewalk along W 7th St SE of 1103 Commercial St 8,395 y 891325155013 NW Cor. of Williston Av & US Hwy 218 8,239 y 891325382012 891325354011 891325354012 891325354013 891313382019 SE of 1426 Washington St 7,233 y SE of 1426 Washington St 7,030 y SE of 1426 Washington St 6,995 y Consider combining these three parcels. 232 Ricker St 3,570 y Parcel number was changed, used to be parcel 891313382006 North of 208 Denver St 5,040 y 891326305017 Home demolished in 2023. Home demolished in 2023. Home demolished in 2023. Home demolished in 2023. Over 1 acre. Approximatly half of the site is parking lot. 207 Lafayette St 4,050 y 891323478013 208 Sunnyside Av 2,205 y 891326108007 212 Sunnyside Av 2,205 y 891326108008 637 Ankeny St 6,432 228,559 31,102 119,224 6,300 n 891313352021 N of 250 Westfield Ave, part of Lot 1 of Techworks Add y 891323378017 SE of 250 Westfield Ave, part of Lot 1 of Techworks Add n 891323378018 Entire parcel is parking lot. Mow areas of right-of-way of Westfiled Av and W Jefferson St. E Cor. of W Commercial St & River Rd, Lot 3 Techworks Add n 891323455001 Over 1 acre. West of 215 Oneida St y 891324181014 Parcel added 2/17/23, previously was missed 1318 Martin Rd 32,000 101,059 101,059 101,059 6,400 n 891332476007 Parcel added 4/24/23, home will eventually be tore down N of 3620 Wagner Rd n 891303151009 Parcel added 4/24/23. Mow front 300 feet only. Over 1 acre. S of 3620 Wagner Rd n 891303151012 Parcel added 4/24/23. Mow front 300 feet only. Over 1 acre. N of 3488 Wagner Rd n 891303151013 Parcel added 4/24/23. Mow front 300 feet only. Over 1 acre. W of 306 Madison St y 891230129024 Parcel added 4/27/23. SW of 321 E 1st St 9,000 y 891323436006 Parcel added 4/27/23. E of 912 Newton St 6,050 y 891314351008 Parcel added 4/27/23. N of 914 Linden Av 14,644 n 891219351018 Parcel added 6/13/23 Page 35 of 85 Exhibit "A" 2024-2025 Mowing List as of 3/1/24 Property Lot Sq ft Sidewalk PIN Note 54 Lane St 56,933 y 891325254013 Parcel # changed, was 891325254010 Parcel added 8/1/23. Mow area under 1 acre. 1335 Mulberry Street 2,475 y 891325251006 Parcel added 9/11/23. Has a house. N of 1335 Mulberry Street 4,635 y 891325251004 Parcel added 9/11/23 200 E Mullan Av 8,025 y 831323477012 Parcel added 1/4/24 617 W 1st St 2,100 y 891326178016 Parcel added 2/8/24 708 W 3rd St 9,000 y 891326183004 Parcel added 2/8/24 324-326 W 7th St 4,875 y 891326283003 Parcel added 2/8/24. Sidewalk on W 7th and Bluff 1003 Vine St 7,000 y 891219307012 891325133001 891325133003 891325133004 891325133005 891325133018 891325180018 Parcel added 2/8/24. Sidewalk on Vine and Steely NW of 924 Lafayette St, corner of Lafayette & E 7th 4,730 y Parcel added 2/8/24 NW of 924 Lafayette St, corner of Lafayette & E 7th 3,870 y Parcel added 2/8/24 NW of 924 Lafayette St, corner of Lafayette & E 7th 6,000 y Parcel added 2/8/24 NW of 924 Lafayette St, corner of Lafayette & E 7th 4,500 y Parcel added 2/8/24 NE of 204 E 7th St, corner of Lafayette & E 7th 3,200 y Parcel added 2/8/24. Consider combining these 5 parcels NW of 1217 Sycamore St 4,080 y Parcel added 2/8/24 W of 532 Dawson St 4,290 y 891314457018 Parcel added 2/8/24 NW of 1112 Sycamore St 12,600 y 891325179008 formerly 1100 Sycamore St. Parcel added 2/8/24 E of 1320 Mulberry St, corner of Mulberry and Lane 13,724 y 891325251008 Parcel added 2/8/24 S of 542 Indiana St 71,000 5,600 n 891230329029 Previously missed. Parcel added 2/8/24 1712 E 4th St y 891313382015 Parcel added 3/1/24. Includes a home. 1738 Flower St 15,000 n 891321377012 Parcel added 3/1/24. Includes an appartment complex. 408 Vermont St 8,400 y 891326355002 Parcel added 3/1/24. Includes a home. 724 Lincoln St 6,721 y 891323227002 Parcel added 3/1/24. Includes a home. 418 Oak Av 5,200 y 891323428019 Parcel added 3/1/24. Includes a home. 110 Chestnut St 4,500 y 891323237027 Parcel added 3/1/24. Includes a home. 318 Bratnober St 4,270 y 891323235010 Parcel added 3/1/24. Includes a home. 309 E 2nd St 7,350 y 891323478009 Parcel added 3/1/24. Includes a home. Page 36 of 85 1 City of Waterloo Planning Department Mowing Lots 0 8 Waterloo Corp_Li its Over 1 Acre IR Under 1 Acre 0 0.3 0.6 1.2 Miles • 11 2024/2025 Residential Lots/Miscellaneous Mowing Lot Maintenance Services City Owned Lots Bid Estimate: $18.00 A: Per lot/occurrence - lots under 1 acre $75.00 B: Per Hour/Per occurrence — lots 1 acre or more NAME & ADDRESS OF BIDDER Bid Security A: Lots under 1 acre B: Lots over 1 acre P&J Lawn Care Waterloo, IA 5% $11.00 $25.00 Cedar Valley Lawn Care Waterloo, IA 5% $47.75 $95.27 B&B Lawn Care, Inc. Waterloo, IA 5% $12.45 $191.00 Page 38 of 85 CITY OF ATERLOO J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE April 29, 2024 AGENDA ITEM TITLE Amendment to the City of Waterloo Zoning Ordinance No. 5079 to update terms and regulations as they apply to the floodplain regulations. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Staff is proposing an amendment to the Zoning Ordinance that will update terms, definitions, and regulations as they apply to the floodplain regulations to make them meet DNR minimum requirements, which a community must adopt to be compliant and remain a participating member in the National Flood Insurance Program. FEMA has prepared a new set of floodplain maps for Black Hawk County, including all jurisdictions within Black Hawk County. The new floodplain maps will become effective May 8, 2024, and FEMA requires that the community adopt the new maps and updated regulations prior to the effective date to remain program compliant. NEIGHBORHOOD IMPACT The regulations are minimum requirements from FEMA and the DNR and will keep the community compliant with and remain a participating member in the National Flood Insurance Program (NFIP). Not being a participating member in the NFIP would mean the city would not be eligible for Public Assistance funding after a disaster, and property owners would not be alible to purchase flood insurance under the NFIP. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS The Planning, Programming, and Zoning Commission will hold a public hearing on the amendment on April 9th, and the Council will hold a public hearing. SOURCE OF EXPENDITURES N/A Page 39 of 85 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Zoning amendments (floodplain) 04-09-24 final draft Page 40 of 85 CITY OF ktj L WATERLOO Planning & Zoning MEMORANDUM 715 Mulberry St, Waterloo, IA 50703 0 Phone: (319) 291-4366 t. CITYOFWATERLOOIOWA.COM To: Planning, Programming and Zoning Commission From: Aric A. Schroeder, City Planner Date: 3/25/24 RE: Proposed Zoning Ordinance Amendment: Floodplain Regulations and Map. Staff is proposing an amendment to the Zoning Ordinance that will update terms and definitions as they apply to the floodplain regulations to make the regulations compliance with the DNR Model Ordinance, which are the minimum requirements that a community must adopt to be compliant and remain a participating member in the National Flood Insurance Program. FEMA has prepared a new set of floodplain maps for Black Hawk County, including all jurisdictions within Black Hawk County. The new floodplain maps will become effective May 8, 2024, and FEMA requires that the community adopt the map and updated regulations prior to the effective date to remain program compliant. Please let Planning staff know if you have any questions or need any additional information regarding the proposed amendment. Amendment to the City of Waterloo Zoning Ordinance Changes and Updates to the City of Waterloo Zoning Ordinance to refer to the new floodplain maps, and to make changes to the floodplain requirements to meet minimum floodplain require- ments provided by FEMA and the IDNR, including: - Section 10-3-1 Definitions, editing and adding definitions to meet minimum floodplain re- quirements - Section 10-4-5 Establishment of Official Flood Plain Zoning Map, adding proper reference to the new floodplain maps and the map effective date of May 8, 2024. - Section 10-22-2(C) Floodway Performance Standards, changes to meet minimum floodplain re- quirements - Section 10-23-3 Floodway Fringe District, changes to meet minimum floodplain requirements - Section 10-22-4(B) General Floodplain District Conditional Uses, changes to meet minimum floodplain regulations - Section 10-22-5(A) Shallow Flooding District Permitted Uses, changing word "use" to "develop- ment" to meet minimum floodplain requirements. - Section 10-22-5(B) Shallow Flooding District Performance Standards, changes to meet minimum floodplain requirements - Section 10-30-1(B) Flood Plain Development Permit, changes to meet minimum floodplain re- quirements - Section 10-33-1 Information to be Obtained or Maintained, changes to meet minimum floodplain requirements Ordinance No. Amending Ordinance No. 5079 Planning and Zoning Commission Hearing: City Council Approval: Page 42 of 85 CHAPTER 1 TITLE AND PURPOSE 10-1-1 TITLE AND PURPOSE. CHAPTER 1 TITLE AND PURPOSE [Ordinance 3196, 2/22/82] 10-1-1 TITLE AND PURPOSE. A. Title. This Ordinance shall be known and may be cited and referred to as the "Zoning Ordi- nance" of the City of Waterloo, Iowa. B. Purpose. The purpose of this Ordinance shall be to promote the health, safety, morals, order, convenience, prosperity and general welfare; to conserve and protect the value of property throughout the City and to encourage the most appropriate use of land; to lessen con- gestion in the streets; to prevent the over- crowding of land; to avoid undue concentra- tion of population; and to facilitate the ade- quate provision of transportation, water, sewerage, schools, parks and other public requirements. C. Authority. This Ordinance is adopted in accordance with the City of Waterloo Comprehensive Plan, as amended, and as permitted and spe- cifically authorized in Chapter 414, City Zon- ing, Code of Iowa, as amended. CHAPTER 2 INTERPRETATION OF STANDARDS 10-2-1 INTERPRETATION OF STANDARDS. In their interpretation and application, the provisions of this Ordinance shall be held to be the 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. Where provisions or requirements of this Ordinance conflict, the most restrictive provision or requirements applies, unless otherwise specified. 10-2-2 INTERPRETATION PERTAINING TO FLOOD PLAIN MANAGEMENT. [Ordinance 3487, 6/15/87] In their interpretation and application, the provisions of this Ordinance shall be held to be the 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. Where provisions or requirements of this Ordinance conflict, the most restrictive provision or requirement applies, unless oth- erwise specified. [Ordinance 5049, 6/20/11] CHAPTER 3 DEFINITIONS [Ordinance 3175, 12/14/81] [Ordinance 3378, 12/17/84] 10-3-1 DEFINITIONS. For the purpose of this Ordinance, certain terms and words are hereby defined. Words used in the present tense shall include the future, the singular number shall include the plural and the plural number includes the singular; the word "shall" is mandatory, the word "may" is permissive; and the word "person" includes a firm, association, organi- zation, partnership, trust, company, or corpo- ration as well as an individual; the words "used" or "occupied" include the words in- tended, designed, or arranged to be used or occupied. The word "lot" includes the words plot or parcel. 1 Page 43 of 85 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. Abutting: Having property or district lines in common, adjoining. [Ordinance 5417, 8/28/17] Accessory Structure: A structure located on the same lot with the principal use or principal structure, occupied by or devoted to an accessory use, or on an abutting vacant lot when legally combined to the lot with the principal use or principal structure with a recorded restrictive covenant. Where an ac- cessory structure is attached to the principal structure in a substantial manner, as by a wall or roof, such accessory structure shall be considered part of the principal structure, and subject to all yard requirements con- tained herein. Accessory Use: A use customarily inci- dental and subordinate to the principal use or structure and located on the same lot there- with. In no case shall such accessory use dominate, in area, extent, or purpose the principal lawful use or structure. Actuarial Rates: Or "risk premium rates" are those rates established by the Administra- tor pursuant to individual community stud- ies and investigations which are undertaken to provide flood insurance in accordance with 42 U.S.C. 4014 and the accepted actuari- al principles. Actuarial rates include provi- sions for operating costs and allowances. Adjacent: Nearby, not distant, may or may not have common property or district lines. Adult Businesses/Adult Uses: [Ordinance 3642, 5/1/89] The following definitions shall govern the interpretation of the regulations of adult uses. 1. Adult book or video store. An estab- lishment having twenty-five (25) per- cent or more of the retail floor space presently being used by said business or twenty-five (25) percent or more of the gross business income derived from or attributable to printed matter, pictures, slides, records, audio tapes, video tapes or motion picture films, which are distinguished or character- ized by an emphasis on matter depict- ing, describing or relating to "speci- fied sexual activities" or "specified anatomical areas," as hereinafter de- fined. A building or portion thereof, that engages in the renting, selling, presen- tation, publication, or distribution of adult products as described herein shall not publicly display such mate- rials and/or products so that they are described, displayed, visible, or ad- vertised from the exterior of the build- ing if said use is to be operated as a non -adult book or video store with less than twenty-five (25) percent of floor space/ gross income as described herein. 2. Adult cabaret. Any establishment which excludes minors by virtue of age wherein the entertainment is dis- tinguished or characterized by an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified ana- tomical areas." 3. Adult conversation parlor. Any estab- lishment which excludes minors by reason of age and which provides the service of engaging in or listening to conversation, talk or discussion, if such service is distinguished or char- acterized by an emphasis on "speci- fied sexual activities" or "specified anatomical areas." 4. Adult health/sport club. A health/sport club which excludes mi- nors by reason of age, or if such club is distinguished or characterized by an emphasis on "specified sexual ac- tivities" or "specified anatomical are- as." 2 Page 44 of 85 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. 5. Adult massage parlor. A massage par- lor which restricts minors by reason of age, or if such club is distinguished or characterized by an emphasis on "specified sexual activities" or "speci- fied anatomical areas." 6. Adult mini -motion picture theater. A building or portion of a building with a capacity for less than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on the depiction or descrip- tion of "specified sexual activities" or "specified anatomical areas" for ob- servation by patrons therein. 7. Adult motion picture theater. A building or portion of a building with a capacity of 50 or more persons used for presenting material if such build- ing or portion of a building as a pre- vailing practice excludes minors by virtue of age, or if such material is dis- tinguished or characterized by an emphasis on the depiction or descrip- tion of "specified sexual activities" or "specified anatomical areas" for ob- servation by patrons therein. 8. Adult steam room/bathhouse facility. A building or portion of a building used for providing a steam bath or heat bathing room used for the pur- pose of pleasure, bathing, relaxation, reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a build- ing restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distin- guished or characterized by an em- phasis on "specified sexual activities" or "specified anatomical areas." 9. Adult uses. Adult uses include, but are not limited to, adult book and video stores, adult motion picture theaters, adult mini -motion picture theaters, adult massage parlors, adult steam room/bathhouse facilities, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, and other premises, enterprises, busi- nesses, private clubs/establishments or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified ana- tomical areas" which are capable of being seen by members of the public. No adult use shall display, describe or make visible from the exterior of the premises any product, medium of communication, or activity that de- picts or describes "specified sexual ac- tivities" or "specified anatomical are- as." 10. Protected uses. Protected uses as here- in defined. 11. "Specified anatomical areas" shall in- clude the following: a. Less than completely and opaque- ly covered: (a) human genitals, (b) pubic region; (c) buttock, and (d) female breast below a point im- mediately above the top of the areola; and b. Human male genitals in a discern- ible rigid state even if completely and opaquely covered. 12. "Specified sexual activities" shall in- clude the following: a. Human genitals in a state of sexu- al stimulation or arousal; b. Acts of human masturbation, sex- ual intercourse or sodomy; or 3 Page 45 of 85 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. c. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. Alcohol Sales Uses: The following defini- tions shall govern the interpretation of the regulation of alcohol sales uses: 1. Alcohol - Protected Uses: Protected uses as herein defined. 2. Alcohol Sales: The sale of alcohol and alcoholic beverages, as each such term is defined in Chapter 123 of the Iowa Code, including but not limited to (i) liquor, beer or wine in closed contain- ers intended for off -premise con- sumption, and (ii) liquor, cocktails, shots, wine, beer and any part of an alcoholic beverage intended for on - site consumption. 3. Alcohol Sales Use: Any business that derives income from alcohol sales. Alcohol sales uses shall be classified as one of the following: a. Incidental Alcohol Sales Use, which shall include (i) a club or hotel or motel as such terms are defined in Section 3-2-2 of the Code of Ordinances, (ii) an open- air event of not more than five days' duration that is open to the general public, (iii) golf courses and publicly owned sports com- plexes or facilities, (iv) non-profit educational institutions or muse- ums hosting special events in support of the organization, or (v) other similar incidental alcohol sales uses as determined by the City Planner or designee. No reg- ulations under this Ordinance that are applicable to alcohol sales uses generally shall apply to an inci- dental alcohol sales use. b. Limited Alcohol Sales Use (off - premise consumption), which shall include an alcohol sales use such as a convenience store, gas station, grocery store, or pharmacy, pro- vided that more than sixty (60) percent of its gross income is de- rived from, and more than seven- ty-five (75) percent of its retail floor space is devoted to, the sale of merchandise, services for on - premises enjoyment, food, and beverages other than alcoholic beverages, in either case not in- cluding the sale of tobacco prod- ucts, lottery tickets, or pumped vehicle fuels such as gasoline, die- sel and similar products, and pro- vided further that not more than twenty-five (25) percent of its gross income as so determined is derived from the sale of alcoholic beverages other than beer or wine. c. Limited Alcohol Sales Use (on - premise consumption), which shall include (i) a restaurant that is an alcohol sales use, provided that more than fifty (50) percent of its gross income shall be derived from the sale of prepared food and non-alcoholic beverages, and (ii) an alcohol sales use providing facility and product or services rental, such as a bowling alley, in which case more than fifty (50) percent of its gross income shall be derived from the facility, prod- uct, or service rental and the sale of prepared food and non- alcoholic beverages. This use clas- sification shall not include dance halls, night clubs or similar facili- ties that provide no or limited rentals, prepared food or product sales other than alcoholic beverag- es. For purposes of this Ordi- nance, any alcohol sales use with on -premise consumption that fails 4 Page 46 of 85 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. to meet the gross income stand- ards stated above shall be classi- fied as a bar/tavern/night club and regulated as a non -limited al- cohol sales use (on -premise con- sumption). d. Non -Limited Alcohol Sales Use (off -premise consumption), which shall include any alcohol sales use for off -premise consumption that does not meet the definition of ei- ther an incidental alcohol sales use or a limited alcohol sales use (off - premise consumption), commonly known as a liquor store or similar establishment. e. Non -Limited Alcohol Sales use (on -premise consumption), which shall include any alcohol sales use with on -premise consumption that does not meet the definition of ei- ther an incidental alcohol sales use or a limited alcohol sales use (on - premise consumption), commonly known as a bar, tavern, night club, dance hall or similar establish- ment. Alley: A public way, other than a street, affording secondary means of access to abut- ting property. Animals, Farm: Animals other than household pets, such as livestock, that, where permitted, are kept and maintained for com- mercial production and sale, family food or by-product production, and/or educational or recreational purposes. Animals, Household Pet: Includes, but is not limited to, dogs, cats, rabbits (when housed within a dwelling), birds, hamsters, and other similar animals kept for family en- joyment or companionship, and not for commercial or economic reasons. See also "Kennel". [Ordinance 5417, 8/28/17] Animals, Livestock: Includes, but is not limited to, horses, cows, pigs, sheep, chickens and poultry (excluding roosters), goats, os- triches, rheas, emus, farm deer, and other similar animals that are typically raised for meat, wool, eggs, milk or other functional or economic uses. Roosters, camel, guinea, fal- con, or any exotic animals as determined in the reasonable discretion of the City Planner or designee shall be prohibited within the City of Waterloo. Swine (including pot belly pigs) shall be prohibited within the City of Waterloo except as provided in Section 5-1-2 of the Code of Ordinances [Ordinance 5417, 8/28/17] Amendment: A change, supplement, re- vision or reclassification in the Zoning Ordi- nance. An amendment can take three (3) forms: (1) a comprehensive revision or modi- fication of the zoning text and map; (2) a text change in zone requirements; and (3) a change in the map, i.e., the zoning desig- nation of a particular parcel or parcels. Apartment: A dwelling unit in a multiple dwelling. Apartment Hotel: A building containing both dwelling units and rooming units, used primarily for permanent occupancy. Apartment House: See Dwelling, Multi- ple. Appurtenant Structure: A structure which is on the same parcel of the property as the principal structure to be insured and the use of which is incidental to the use of the princi- pal structure. Auction Establishments: Any property or structure devoted to public auction or sales, two (2) or more times a year, for selling of private property or consigned goods, ex- cept as provided in Section 3-4A-2 of the City Code. Base Flood: The flood having one (1) percent chance of being equaled or exceeded 5 Page 47 of 85 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. in any given year. (See One Hundred (100) Year Flood). [Ordinance 5049, 6/20/11] Base Flood Elevation (BFE): The eleva- tion floodwaters would reach at a particular site during the occurrence of a base flood event. Basement: A story having part but not more than one-half (1/2) of its average height below grade. A basement is counted as a sto- ry for the purpose of height regulations. A basement may be used as a habitable floor subject to the requirements of the currently adopted Building Code. For floodplain man- agement purposes only, a basement shall mean any enclosed area of a building having its floor or lowest level below ground level (subgrade) on all sides. [Ordinance 5049, 6/20/11] Bed and Breakfast: A building other than a hotel where, for compensation, meals or lodging are provided on a short-term basis. Short-term shall be defined as two weeks or less. Billboard: "Billboard" as used in this Ordinance shall include all structures regard- less of the material used in the construction of the same, that are erected, maintained or used for public display of posters, painted signs, wall signs, whether the structure is placed on the wall or painted on the wall it- self, pictures or other pictorial reading matter which advertise a business or attraction which is not carried on or manufactured in or upon the premises upon which said signs or billboard are located. Also referred to as an Off -Premise Advertising Sign. [Ordinance 5395, 04/10/17] Board of Adjustment: A Board, who un- der appropriate conditions and safeguards, makes special exceptions to the terms of the Ordinances in harmony with its general pur- pose and intent. This is to be done in accord- ance with general or specific rules therein contained and provide that any property owner aggrieved by the action of the City in adoption of such regulations and restrictions may petition the said Board directly to modi- fy regulations and restrictions as applied to such property owners. Boarding or lodging House: A building other than a hotel where for compensation, meals or lodging and meals are provided for three (3) or more persons. Borrow Pit: Any place or premises where dirt, soil, sand, gravel, or other materi- al is removed below the grade of surround- ing land, for any purpose other than that nec- essary and incidental to site grading or build- ing construction on the same property or con- tiguous property of the same ownership. [Or- dinance 5288, 06/15/15] Building: Any structure designed or in- tended for the support, enclosure, shelter, or protection of persons, animals or property, but not including signs or billboards. Building, Height of The vertical distance from the average grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof. Building Line: A line, usually fixed paral- lel to the lot line, beyond which a building cannot extend under the terms of the Zoning Ordinance. See also "Setback, Required". Bulk Stations: Distributing stations commonly known as bulk or tank stations commonly used for the storage and distribu- tion of flammable liquids or liquefied petro- leum products where the aggregate capacities of all storage tanks is more than twelve thou- sand (12,000) gallons. This however is not limited to flammable liquids, but also could contain milk, syrups, vinegars and non- flammable chemicals. Carport: A roofed structure providing space for the parking of motor vehicles and enclosed on not more than two (2) sides. For the purposes of this Ordinance, a carport at- tached to a principal building shall be con- 6 Page 48 of 85 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. sidered as part of the principal building and subject to all yard requirements herein. Car Wash: A building or portion thereof containing facilities for washing automobiles or trucks, using production -line methods with a chain conveyor, blower, steam - cleaning device, or other mechanical devices or providing space, water, equipment or soap for the complete or partial hand washing of such automobiles or trucks, whether by oper- ator or by customer. Cellar: That portion of a building having more than one-half (1/2) of its average height below grade. A cellar is not included in com- puting the number of stories for the purpose of height measurement. A cellar may be used as a habitable floor subject to the require- ments of the currently adopted Building Code. Channel: A natural or artificial water- course of perceptible extent, with a definite bed and banks to confine and conduct con- tinuously or periodically flowing water. Channel flow thus is that water which is flowing within the limits of a defined chan- nel. Child Day Care Center: See Day Nursery or Nursery School. Clinics: A building or buildings used by physicians and/or dentists, osteopaths, chi- ropractors and allied professions for out- patient care of persons requiring such profes- sional service. Commission: Where found in this Ordi- nance, unless otherwise indicated, this shall mean the City of Waterloo Planning, Pro- gramming and Zoning Commission. Common Land: A parcel or parcels of land, together with the improvements there- on, whether retained in private ownership for the shared use and enjoyment of the owners and occupants of the individual building units in a planned unit development, or dedi- cated to the general public. Comprehensive Plan: The document or series of documents prepared and adopted by the Commission and City Council setting forth the policies for the future growth and development of the community. It serves as the guide for many growth related decisions, including land use changes, zoning changes, growth management and capital improve- ments programming. Condominium: Individual ownership of a unit in a multi -unit structure with certain parts of a building which would normally be used by all occupants such as yard, founda- tions, basements, floors, walls, roofs, hall- ways, stairways, elevators and all other relat- ed common elements. Conditional Zoning: The attachment of special conditions of a rezoning request which are not specifically spelled out in the text of the Zoning Ordinance (Section 10-5-1 (N))• Day Care: Day Care, as used in this Or- dinance, shall be defined as either Family or Group Day Care, as defined by the Code of Iowa: 1. Family Day Care means a person or program which provides child day care to fewer than seven (7) children at any one time or fewer than twelve (12) children at any one time for a pe- riod of less than two (2) hours, but shall not do so unless the home does not provide care at any one time for more than six (6) children who are not attending school full time on a regular basis. In determining the number of children cared for at any one time in a registered or unregistered day care home, if the person who operates or establishes the home is a child's par- ent, guardian, relative, or custodian and the child is not attending school full time on a regular basis, the child 7 Page 49 of 85 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. shall be considered to be receiving child day care from the person and shall be counted as one of the children cared for in the home. 2. A Group Day Care means a facility providing child day care for more than six (6) but fewer than twelve (12) children, with no more than six (6) children at one time being less than six (6) years of age. [Ordinance 3755, 12/10/90] Day Care Center, Adult: Any private agency, institution, establishment or place which provides supplemental care and/ or educational work, other than lodging over- night, for six (6) or more unrelated individu- als. Deck: A non -enclosed platform structure without a solid floor system and without a roof. Said platform will be comprised of a permeable plank or board system for the flooring. For decks located in the front yard, if a wall is built, it will be comprised of a non - solid spindle or board design with openings between boards to provide that no more than sixty (60) percent of the wall area is enclosed. For decks not located in the front yard, if a solid wall is built, it shall not extend more than forty-two (42) inches above the floor of the deck. Structures not meeting the defini- tion of a deck shall be considered an unen- closed porch or an addition, and shall meet the requirements as such. [Ordinance 4386, 10/18/99] Delayed Deposit Service Use: Any indi- vidual, group of individuals, partnership, association, corporation, or any other busi- ness unit or legal entity that, for a fee, accepts a check dated subsequent to the date it was written or accepts a check dated on the date it was written and holds the check for a period of time prior to deposit or presentment pur- suant to an agreement with, or any represen- tation made to, the maker of the check, whether express or implied. The purposes of this chapter, "check" means a check, draft, share draft, or other instrument for the pay- ment of money Such uses are also known as payday lenders. Department of Natural Resources (DNR): Where found in the Ordinance pertaining to flood management, this shall mean the Iowa Department of Natural Resources (IDNR), the State agency that has underlying flood plain permit authority for the State of Iowa. [Ordinance 3487, 6/15/87] [Ordinance 5049, 6/20/11] Development: Any man-made change to improved or unimproved real estate, includ- ing but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations, or storage of equipment or materials. Drive -In Establishment: See Restaurant. Dwelling: Any building or portion there- of which is designed or used exclusively for residential purposes but not including a tent, cabin, trailer, mobile home, recreational vehi- cle, or similar motor vehicle. Dwelling, Multiple: A residence de- signed for or occupied by three (3) or more families, with separate bathroom or cooking facilities for each. Dwelling, Row: Any one of two or more attached dwellings in a continuous row, each such dwelling designed and erected as a unit on a separate lot and separated from one an- other by an approved wall or walls. Such dwellings shall be required to maintain a compatible exterior appearance of both sides in terms of the colors and types of siding, roofing landscaping and other additions such as shutters, doors, and windows. Any minor changes shall be similar in design to the de- sign of the adjoining dwelling unit. Further- more, any type of damage or destruction to the dwelling unit, as a part or whole, which activates an insurance policy shall be first applied to the replacement, repair, and 8 Page 50 of 85 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. maintenance of the dwelling unit. All new structures or existing converted structures shall be required to meet all applicable codes and ordinances regarding building, fire, wa- ter and utility connections, subdivision, etc. [Ordinance 4618, 6/16/03] For the purposes of this Ordinance such individual unit on a sep- arate lot shall not have to meet minimum bulk requirements, including lot area, lot width, lot frontage, dwelling width, and side yard setback, however the overall row dwell- ing and total area for all lots to said row dwelling shall meet all minimum bulk re- quirements. [Ordinance 5288, 06/15/15] Dwelling, Single -Family: A detached res- idence designed for or occupied by one fami- ly only. Dwelling, Two -Family: A residence de- signed for or occupied by two (2) families on- ly, with separate bathroom or cooking facili- ties for each. All residences must meet build- ing and zoning regulations for proper design, separation, density, parking, etc. for the number of dwelling units, including resi- dences that are converted to add additional units. Dwelling Units: A room or group of rooms which are arranged, designed or used as living quarters for the occupancy of one family containing bathroom or kitchen facili- ties. Existing Construction: For floodplain regulation only, any structure for which the "start of construction" commenced before 07/03/85, the effective date of the first flood - plain management regulations adopted by the City of Waterloo. May also be referred to as "existing structure". [Ordinance 5049, 6/20/11] Factory -Built Home Park or Subdivision: A parcel or contiguous parcels of land divid- ed into two or more factory -built home lots for rent or sale. [Ordinance 3487, 6/15/87] Any such development that will classify the struc- tures as non -real estate will require a Special Permit, as a mobile home park or subdivi- sion. [Ordinance 5049, 6/20/11] Factory -Built Home Park or Subdivision, Existing: A factory -built home park or subdi- vision for which the construction of facilities for servicing the lots on which the factory — built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the first floodplain management regulations adopted by the community. Factory -Built Home Park or Subdivision, Expansion of Existing: The preparation of additional sites by the construction of facili- ties for servicing the lots on which the facto- ry -built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Factory -Built Home Park or Subdivision, New: A factory -built home park or subdivi- sion for which the construction of facilities for servicing the lots on which the factory - built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the first floodplain management regulations adopted by the community. Factory -Built Housing: A factory -built structure designed for long-term residential use. For the purposes of these regulations, factory -built housing consists of three (3) types: modular homes, mobile homes, and manufactured homes. Factory -Built Structure: Any structure, designed for residential use, which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facili- ties for installation or assembly and installa- tion, on a building site. For the purpose of this Ordinance, including floodplain man- 9 Page 51 of 85 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. agement, 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. [Ordinance 5049, 6/20/11] Family: One or more persons occupying a single dwelling unit, provided that unless all members are related by blood, marriage, or adoption, no such family shall contain over four (4) persons. This provision shall not re- strict children under foster care or exchange students. Family Home: Family home providing care for the mentally or physically dependent under Iowa Code Chapter 135C or as a child foster care facility under Iowa Code Chapter 237 to provide room and board, personal care, rehabilitation services, and supervision within a family home for not more than eight (8) mentally or physically dependent indi- viduals. [Ordinance 3959, 7/26/93] [Ordinance 4554, 6/3/02] Family Home shall also refer to homes for other individuals protected by the Fair Housing Amendments Act. Farm: An area comprising thirty-five (35) acres or more which is used for the growing of usual farm products, such as vegetables, fruits, and grain and their storing on the area, as well as for the raising thereon of the usual farm poultry and farm animals. The term "farming" includes the operation of such area for uses for treating or storing the food pro- duce, provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities and such accessory uses do not include the feed- ing of garbage or offal to swine or other ani- mals. Farm, Hobby: See Urban Animal Hobby Farm (UAHF). [Ordinance 5417, 8/28/17] Farm House: A house located on land operated as a farm which is, or will be, occu- pied by a person engaged in agriculture on that same unit. Fast Food: See Restaurant. Feed Lot: Any parcel of land or premises on which the principal use is the concentrat- ed feeding within a confined area of cattle, hogs, or sheep. After January 1, 2018 no new feed lot shall be established, and no existing feed lot shall be expanded in area, except those meeting Urban Animal Hobby Farm (UAHF) requirements. [Ordinance 5417, 8/28/17] Fence, Non -Residential: A barrier and/or structure erected accessory to a non- residential use and not located in an "R" Dis- trict intended to provide security, mark a boundary or a means of landscaping with no portion of fence extending onto adjacent property or right-of-way. No such fence shall be constructed of salvaged material or use barbed wire, concertina wire, or similar wire closer than six (6) feet to the ground ex- cept a fence used purely for agricultural pur- poses. [Ordinance 4508, 9/4/01] Fence, Residential: A barrier and/or structure erected accessory to a residential use or in an "R" District intended to provide security, mark a boundary, or as a means of landscaping with no portion of fence extend- ing onto adjacent property or right-of-way. Such fence shall be constructed of materials commonly used for landscape fencing such as masonry block, lumber, chain link, but shall not include corrugated sheet metal, slats, tarp, cloth, mesh or similar coverings, barbed wire, concertina wire or similar wire, salvage material, or electrified. [Ordinance 4508, 9/4/01] [Ordinance 5395, 04/10/17] Five Hundred (500) Year Flood: A flood, the magnitude of which has a two -tenths (0.2) percent chance of being equaled or exceeded in any given year or which, on average, will be equaled or exceeded at least once every five hundred (500) years. Flood: A temporary rise in the channel flow or stage that results in overflow of streams or rivers or from the unusual and 10 Page 52 of 85 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. rapid runoff of surface waters from any source that results in water overflowing and inundating normally dry lands adjacent to thc channel. [Ordinance 3393, 6/10/85]A gen- eral and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of streams or rivers or from the unusual and rapid run- off of surface waters from any source. Flood Elevation Determinations: A de- termination of the water surface elevations of the 100 Year Flood; that is, the level of flood- ing that has a one percent (1 %) chance of oc- currence in any given year. Flood Insurance Rate Map (FIRM): The official map prepared as part of (but pub- lished separately from) the Flood Insurance Study which delineates both the flood hazard areas and the risk premium zone applicable to the community. [Ordinance 3393, 6/10/85] Flood Insurance Study (FIS): A study ini tiatcd, funded and published by the Federal Insurance Administration for the purpose of evaluating in detail the existence and severity of flood hazards, providing thc City with the nccc,sary information for adopting a flood plain management program; and establishing actuarial flood insurance rates. [Ordinance 3393, 6/10/85]A report published by FEMA for a community issued along with the com- munity's Flood Insurance Rate Map(s) (FIRM). The study contains such background data as the base flood discharge and water surface elevations that were used to prepare the FIRM. Flood Plainplain: The relatively flat arca of low lands adjoining the channel of a river, stream, or watercourse which has been or may be covered by floodwatcrAny land area susceptible to being inundated by water as a result of a flood. Flood Plain Management: The operation of an overall program of corrective and pre- ventive measures for reducing flood damage, including but not limited to emergency pre- paredness plan, flood control works and flood plain management regulations. Flood Protection System: Those physical structural works constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard." Such a system typical- ly includes levees or dikes. These specialized modifying works are those constructed in conformance with sound federal engineering standards. Flood Proofing: Any combination of structural and non-structural additions changes or adjustments to structures, includ- ing utility and sanitary facilities, which would preclude the entry of water. Structural components shall have the capability of re- sisting hydrostatic and hydrodynamic loads and the effect of buoyancy. Floodway: The channel of a river or stream and those portions of the flood -plains adjoining the channel, which are reasonably required to carry and discharge flood waters or flood flows associated with thc Regulatory Flood, so that confinement of flood flows to the floodway area will not cumulatively in- crease the water surface elevation of the base flood by more than one (1) footrcsult in sub stantially higher flood levels and flow vcloci tic:,. [Ordinance 3393, 6/10/85] Floodway Fringe: The land adjacent to a body of water between the Floodway and the outer (landward) limits of the flood as de- fined by the Regulatory Flood as delineated on the official flood plain zoning map. [Ordi- nance 3393, 6/10/85] Floor Area: Is the area included within the surrounding exterior walls of building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exte- rior walls shall be the useable area under the horizontal projection of the roof or floor above. 11 Page 53 of 85 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. Floor Area Ratio: The gross floor area of all buildings on a lot divided by the lot area on which the building or buildings are locat- ed. Floor Space: As to adult uses and alcohol sales uses for which this Ordinance imposes a limitation on allowable floor space dedicated to such uses, the percentage of floor space so used shall be determined by a fraction, the numerator of which is the total square foot- age of interior retail floor space occupied by free-standing adult materials or alcohol products and by shelving, counters and other displays on which such adult materials and alcohol products are stored, stacked, ar- ranged, displayed or otherwise advertised for sale or available for rental or purchase, and the denominator is the total square footage of interior retail floor space in the establish- ment. No area that is not within an enclosed structure shall be included in determining retail floor space. Retail floor space includes enclosed display cases. The numerator shall include one-half of the open floor space be- tween shelving, counters, cases and other displays, and all floor space lying beneath and within the outer edges of any shelving, counter, case or other display, regardless of the actual floor space that is physically occu- pied. Foster Child Care: Care and education of not more than five (5) children unrelated to the residents by blood or adoption. Freestanding Commercial Parking Lot: A parking area that is the principal permitted use of a property and is not primarily acces- sory to any other principal permitted use. [Ordinance 5288, 06/15/15] Front Lot Line: The narrowest dimension of the lot lines abutting a street, or the lot line that the principal structure faces if no lot line abuts a street, public or private. For double frontage lots, the front lot line shall be the street lot line that the principal structure faces or is addressed from. Gaming Facility: A facility for the use of gaming, pari-mutuel gaming, gambling, and/or the entertainment through use of games, including but not limited to, poker, roulette, slot machines, blackjack, and other games of chance, etc. This definition shall include those gaming facilities both licensed by the State of Iowa Racing & Gaming Com- mission and other gaming facilities which may not be licensed by the State of Iowa Rac- ing & Gaming Commission. [Ordinance 4735, 10/18/04] Garage, Private: An enclosed structure intended for and used for the parking of the private motor vehicles of the families resident upon the premises. For the purposes of this Ordinance, a garage attached to a principal structure shall be considered as part of the principal structure and subject to all yard re- quirements contained herein. Gas Stations: Any building or premises used for the retail sale of liquefied petroleum products for the propulsion of motor vehicles and may include such products as kerosene, fuel oil, packaged naphtha, lubricants, tires, batteries, anti -freeze, motor vehicle accesso- ries, and other items customarily associated with the sale of such products; for the render- ing of services and making of adjustments and replacement to motor vehicles, and the washing, waxing, and polishing of motor ve- hicles, as incidental to other services ren- dered; and the making of repairs to motor vehicles except those of major type. Repairs of a major type are defined to be spray paint- ing, body, fender, clutch, transmission, dif- ferential, axle, spring and frame repairs, ma- jor overhauling of engines, requiring the re- moval of engine cylinder head or crankcase pan, repairs to radiators requiring the remov- al thereof, or complete recapping or retread- ing of tires. Group Home: A facility that is not regu- lated under Chapters 135C or 237 of the Iowa Code or other state law and which, regardless of size, provides living arrangements with 12 Page 54 of 85 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. shared use of kitchen and/or bathrooms for individuals not related to the owner, tenant or administrator within the third degree by blood, marriage or adoption and who either are (a) receiving frequently recurring person- al assistance and/or daily -living activities from home or community -based services be- cause they are unable to adequately or properly care for themselves by reason of physical or mental disability, illness or dis- ease, (b) in need of temporary housing due to abuse, homelessness or emergency need or (c) a group of people who do not meet the definition of family under this Ordinance but who occupy a single dwelling unit as a single housekeeping unit. A group home shall also include substance abuse facilities and juve- nile centers, but does not include a bed and breakfast, boarding or lodging house, room- ing house, or halfway (rehabilitation) house, as such terms may be defined in this Ordi- nance. A group home may be one of the fol- lowing types: 1. Voluntary supervised. This group home is occupied by individuals not placed therein involuntarily and shall be supervised 24 hours a day, 7 days a week, and the organ- ization needs to demonstrate funding for such supervisory per- sonnel. [Ordinance 4554, 6/3/0212. 2. Voluntary unsupervised. This group home is occupied by indi- viduals not placed therein invol- untarily and lacks 24-hour super- vision. [Ordinance 4554, 6/3/02] 3. Involuntary supervised. This group home shall be supervised 24 hours a day, 7 days a week, and the organization needs to demon- strate funding for such superviso- ry personnel. For this definition, "involuntary" means that some- one in a position of legal authority has sent the individual(s) to the group home. [Ordinance 4554, 6/3/02] Habitable Floor: Any floor used for liv- ing, which includes working, sleeping, eat- ing, cooking or recreation or combination thereof. A floor used only for storage purpos- es is not a "habitable floor." Halfway (Rehabilitation) House: An es- tablishment for adolescents convicted as adults or adults who are serving a deferred judgment, are in a pre-trial status, or have been institutionalized or jailed for various reasons and released to a facility that pro- vides shelter, supervision and short-term re- habilitative services; usually not licensed by state or local agency but may be subject to provisions of local building and health codes. Facility usually sponsored by health or wel- fare agency, or sectarian organization. [Ordi- nance 4554, 6/3/02] Health/Sport Clubs: A non -medical ser- vice establishment intended to maintain or improve the physical condition of persons. Contains exercise facilities, game equipment, steam baths, saunas, tanning equipment and/or similar facilities. Highest Adjacent Grade: The highest nat- ural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic Structure: [Ordinance 4125, 9/11/95] Any structure that is: 1. Listed individually in the National Historic Register of Historic Places (a listing maintained by the De- partment of Interior) or prelimi- narily determined by the Secretary of the Interior as meeting the re- quirements for individual listing on the National Register; 2. Certified or preliminarily deter- mined by the Secretary of the Inte- rior as contributing to the historic 13 Page 55 of 85 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic dis- trict; 3. Individually listed on the State In- ventory of Historic Places; 4. Individually listed on the local in- ventory of historic places. Home Occupation: A home occupation is an accessory use of a dwelling unit, conduct- ed entirely within the dwelling unit, carried on by one or more persons, all of whom re- side within the dwelling unit and where no persons living outside the home are em- ployed other than resident and domestic help. The use is clearly incidental and sec- ondary to the use of the dwelling for resi- dence purposes and does not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part. There shall be no outside storage of any kind; and any indoor storage, con- struction, alterations, or electrical or mechan- ical equipment used shall not change the fire rating of the structure of the fire district in which the structure is located. The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time. It shall not cause an increase in the use of one or more utilities (water, sewer, electricity, tel- ephone, or garbage) so that the combined to- tal use of dwelling and home occupation purposes of the one or more utilities exceeds the average for residences in the neighbor- hood. When a use is a home occupation, it means that the owner, lessee, or other per- sons who have a legal right to the use of the dwelling unit also have the vested right to conduct the home occupation without secur- ing special permission to do so. However, such person shall be subject to all conditions, which are applied in this Ordinance general- ly, such as off-street parking, and to all other permits required under the City code, such as Building Permits and Business Licenses. Hotel: A building containing twenty (20) or more individual sleeping rooms or suites having each a private bathroom attached thereto for the purpose of providing over- night lodging facilities to the general public for compensation with or without meals ex- cluding accommodation for employees and in which ingress and egress to and from all rooms is made through an inside office or lobby supervised by a person in charge at all hours. Where a hotel is permitted as principal use, all uses customarily and historically an accessory thereto for the comfort, accommo- dation and entertainment of the patron, in- cluding the service of alcoholic beverages shall be permitted. [Ordinance 3050, 11/1/79] Impound Lot: See Recycling, Junk or Sal- vage Yard. [Ordinance 5426, 11/20/17] Junk Vehicle, Salvage Vehicle: A motor vehicle or other vehicle, or portion thereof not in running condition or not licensed for the current year as provided by law. No junk vehicle shall be kept, stored, or otherwise lo- cated anywhere except in an enclosed build- ing or in an approved and licensed recycling, junk or salvage yard, except as provided in City Code Section 4-4-7. [Ordinance 5288, 06/15/15] Junk Yard: See Recycling, Junk or Salvage Yard Juvenile Center: See Group Home (Super- vised or Unsupervised) [Ordinance 4554, 6/3/02] Juvenile Detention Center: See Halfway (Rehabilitation) House [Ordinance 4554, 6/3/02] Kennel: Any building or lot on which five (5) or more dogs or five (5) or more cats six (6) months old or older are housed, bred, boarded, trained, groomed or sold. This would allow for up to 4 dogs and up to 4 cats in a residential setting. Kennel, Boarding: A place or establish- ment other than a pound or animal shelter 14 Page 56 of 85 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. where dogs or cats not owned by the proprie- tor are sheltered, fed and watered in return for a consideration. Lot: For the purposes of this Ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area to provide such yards and other open space as are herein re- quired. Such lot shall have frontage on a pub- lic street or private street and may consist of: (a) a single lot of record; (b) a portion of a lot of record; (c) a combination of complete lots of record; of complete lots of record and por- tions of lots of record; or of portions of lots of record; and (d) a parcel of land described by metes and bounds; provided that in no case of division or combination shall any residen- tial lot or parcel be created which does not meet the requirements of this Ordinance; and further provided that any lots created after January 1, 1978 shall be done so in conform- ance with the Waterloo Subdivision Ordi- nance and Chapter 409 of the Code of Iowa. A lot may also be referred to as a property. Lot, Corner: A lot abutting upon two (2) or more streets at their intersection. Lot Depth: The mean horizontal distance between the front and rear lot lines. In the case of a corner lot, the lot depth is the great- er of the mean horizontal distances between the front lot lines and the respective side lot line opposite each. Lot, Double Frontage: A lot having a frontage on two (2) non -intersecting streets, as distinguished from a corner lot. Lot, Interior: A lot other than a corner lot. Lot Lines: The property lines bounding a lot. For property along a public street dedi- cated by easement, for Zoning purposes the street right-of-way line shall be considered the lot line. In all districts, lot area and set- back requirements shall be computed exclu- sive of any public street right-of-way, includ- ing right-of-way established by easement. [Ordinance 5288, 06/15/15] Lot of Record: A lot which is a part of a subdivision recorded in the Office of the County Recorder of Black Hawk County pri- or to February 3, 1969, or a lot or parcel de- scribed by metes and bounds prior to Febru- ary 3, 1969, the description of which has been so recorded. Lot, Reversed Frontage: A corner lot, whose frontage is considered along the long- er dimension street frontage. Lot Width: The width of a lot measured at the required building line and at right an- gles to its depth. Lowest Adjacent Grade: The lowest natu- ral elevation of the ground surface prior to construction next to the proposed walls of a structure. Lowest Floor: The floor of the lowest en- closed area in a building including a base- ment or cellar, except when all the following criteria are met: 1. The enclosed area is designed to flood to equalize hydrostatic pres- sure during floods with walls or openings that satisfy the provi- sions of Section 10-22-3(B)(13); and, 2. The enclosed area is unfinished (not carpeted, dry walled, etc.) and used solely for low damage potential uses such as building ac- cess, parking or storage; and 3. 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 4. The enclosed area is not a "base- ment" or "cellar" as defined in this Section. 15 Page 57 of 85 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. 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. [Ordinance 3487, 6/15/87] Main Body: Is the area included within the surrounding exterior walls of the dwell- ing. Used for living, sleeping, eating, cooking, recreation or a combination thereof. Manufactured Home: A factory -built sin- gle-family structure, which is manufactured or constructed under the authority of 42 U.S.C. Sec 5403, National Manufactured Home Construction and Safety Standards Act of 1974, and is to be used as a place for hu- man habitation, but which is not constructed with a permanent hitch or other device allow- ing it to be moved other than for the purpose of moving it to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A mobile home is not a manufactured home, unless it has been converted to real property and is taxed as a site -built dwelling. For the purpos- es of these regulations, a manufactured home built after June 15, 1976, shall bear the seal certifying that it is in compliance with the National Manufactured Home Construction and Safety Standards Act of 1974. For the purpose of these regulations, manufactured homes shall be subject to the same standards as site -built dwellings. Maximum Damage Potential Develop- ment: Hospitals and like institutions; build- ings or building complexes containing docu- ments, data, or instruments of great public value; buildings or building complexes con- taining materials dangerous to the public or fuel storage facilities; power installations needed in emergency or other buildings or building complexes similar in nature or use. Mean Sea Level: Whcrc found in the Or dinancc pertaining to flood management, this, shall mean National Geodetic Datum. [Ordi nance 3487, 6/15/87] Mini -storage: The commercial rental of multiple storage spaces on a single site. Such developments generally have multiple exte- rior doors for separate entrance to individual rental spaces. [Ordinance 4683, 4/12/04] Mobile Home: Any vehicle without mo- tive power used or so manufactured or con- structed as to permit its being used as a con- veyance upon the public streets and high- ways and so designed, constructed or recon- structed as will permit the vehicle to be used as a place for human habitation by one or more persons; but shall include any such ve- hicle 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 construed 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 (see Section 10-27-1(M)). A mobile home shall not be used as an accesso- ry structure. Where found in this Ordinance pertaining to flood management, this shall also mean factory -built homes. [Ordinance 3487, 6/15/87] 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 accommodation. Where found in the Ordinance pertaining to flood management, this shall also mean factory -built home parks or subdivisions. [Ordinance 3487, 6/15/87] The location or development of a mobile home park or subdivision shall only be permitted upon the issuance of a Special Permit by the Board of Adjustment after review by the 16 Page 58 of 85 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. Commission. This shall also include a facto- ry -built home park or subdivision if the structures are not classified as real estate. Modular Home: Factory -built housing certified as meeting the State Building Code as applicable to modular housing. For the purposes of these regulations, once certified by the State, modular homes shall be subject to the same standards as site -built dwellings. Motel: A building or group of buildings which: (a) contains living or sleeping accom- modations and (b) has individual entrances from outside the building to serve each living or sleeping unit. Where a motel is permitted as a principal use, all uses customarily and historically accessory thereto for the comfort, accommodation and entertainment of the pa- tron, including the service of alcoholic bever- ages shall be permitted. [Ordinance 3050, 11/1/79] [Ordinance 4592, 1/6/03] New Construction (new buildings, new factory -built home parks): For floodplain management purposes only, those structures or development for which the start of con- struction commenced on or after July 3, 1985. [Ordinance 3393, 6/10/85] [Ordinance 5049, 6/20/11] Non -Conforming Use: Any building or land lawfully occupied by use as of the adop- tion of any zoning ordinance or amendment thereto which does not conform after the adoption of said ordinance or amendment with the regulations of the district in which it is situated. (Improvements constructed after the adoption of a zoning ordinance or amendment thereto which do not meet re- quired parking and loading regulations, height regulations, area regulations and resi- dential flood area regulations for the district in which they are located are not non- conforming uses as defined above.) The date on which a lot, structure, use of land and structure, or characteristics of use became or becomes non -conforming is referred to in this Ordinance as the "date of non -conformity." Nursing or Convalescent Home: A build- ing or structure having accommodation and where care is provided for invalid, infirm, aged, convalescent, physically disabled, or injured persons, not including insane and other mental cases, inebriate, or contagious cases. Obstruction: Any dam, wall, wharf, em- bankment, levee, dike, pile, abutment, projec- tion, excavation, channel, rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, junk, solid waste refuse, fill or other analogous structure or matter in, along, across or projecting into any floodway which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the natural flow of the water would carry the same downstream to the damage or detriment of either life or property. Official Flood Plain Zoning Map: The maps on file with City of Waterloo that indi- cate 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. [Ordi- nance 3393, 6/10/85] One Hundred (100) Year Flood: A flood, the magnitude of which has a one (1) percent chance of being equaled or exceeded in any given year or which, on the average, will be equaled or exceeded at least once every one hundred (100) years. [Ordinance 5049, 6/20/11] Overlay District: A district which acts in conjunction with the underlying zoning dis- trict or districts. Parking Lot, Off -Street: A parcel of land devoted to unenclosed parking spaces for more than five (5) vehicles, plus necessary maneuvering space for the parking of a mo- tor vehicle. Space for maneuvering, incidental to parking or unparking, shall not encroach upon any public right-of-way. 17 Page 59 of 85 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. Parking Space: An area of not less than one hundred sixty-two (162) square feet plus necessary maneuvering space for the parking of a motor vehicle. Space for maneuvering, incidental to parking or unparking, shall not encroach upon any public right-of-way. Pawnbroker Use: Any person, partner- ship, corporation, company or other entity that is subject to licensure as a pawnbroker under Title 3 of the code of ordinances. Pharmacy: A retail establishment in which prescription drugs and medicines are compounded and/ or sold by a licensed pharmacist. Planned Unit Development: A tract of land planned and developed as an integrated unit under single ownership or control. Con- trol in this context may, in addition to single ownership, be vested in partnerships, corpo- rations, syndicates or trusts comprised of owners of separate and contiguous tracts of land who join together in a good and suffi- cient agreement for the purposes of develop- ing their respective properties according to one integrated plan. Porch, Unenclosed: A roofed projection which has no more than sixty (60) percent of each outside wall area enclosed by a building or siding material other than meshed screens. If said unenclosed porch extends over a re- quired front or rear setback as provided here- in then the outside wall shall be a non -solid wall utilizing a spindle or board design with openings between boards to provide that no more than sixty (60) percent of the wall area is enclosed, or a solid wall when extending not more than forty-two (42) inches above the floor of the porch. Principal Permitted Use: The main use of land or structures, as distinguished from a secondary or accessory use, or Special Permit use. Protected Uses: Protected uses include a building in which a majority of floor space is used for residential purposes; a property lo- cated within a residentially zoned district; a day care center where such day care center is a principal use; a preschool; an elementary, middle or high school (public, private or pa- rochial); a house of worship; a mission; a public library; a museum or cultural arts cen- ter or facility; a public park; a publicly owned or operated recreation center or athletic facili- ty; a privately operated recreational use; a civic/convention center; a community resi- dential facility; a hospital; a dental, medical or mental health facility; a building or office operated by any governmental entity. How- ever, this definition shall not apply if the pro- tected use is a legal non -conforming use. Whether a given use is a protected use as de- fined herein shall be determined by the city planner in his reasonable discretion. Public Utility: Public or quasi -public dis- tributing or operating equipment for related services for telephone, cable television, elec- tricity, gas, sewer and water, and other essen- tial commodities or services such as transpor- tation or communication. This includes pri- vately owned structures and equipment when used to provide an essential commodi- ty or service to the public. Rear Lot Line: Ordinarily that line of a lot which is opposite and farthest from the front lot line. In triangular or other odd - shaped lots the rear lot lines shall be deter- mined by the City Planner or designee. Recreational Vehicle: [Ordinance 4125, 9/11/95] A vehicle which is: 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projection (this provision is for floodplain management purposes only); [Ordinance 5049, 6/20/11] 18 Page 60 of 85 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. 3. Designed to be self-propelled or permanently towable by a light duty truck; and 4. Designed primarily not for use as a permanent dwelling but as tem- porary living quarters for recrea- tional, camping, travel or seasonal use. Recycling, Junk or Salvage Yard: Any place where materials that would otherwise be considered waste, are collected, separated, or processed to be used as raw materials. Ma- terials would include, but not be limited to: scrap iron or other metals, motor vehicles not in running condition and not being actively restored to running condition, parts of vehi- cles, plastic bottles or containers, rags, paper cardboard, glass and tires. [Ordinance 3864, 6/3/92] This would also include any area where waste, discarded, or salvaged materi- als are bought, sold, exchanged, baled or packed, disassembled, kept, stored or han- dled, including house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not in- cluding areas where such uses are conducted entirely within a completely enclosed build- ing, and not including the processing of used, discarded or salvaged materials as part of manufacturing operations, and not including contractors storage yards, and not including rubble fill deposited on property in compli- ance with 4-3B of the Code of Ordinances. For the purpose of this Ordinance, the term "actively restored to running condition" in other than a recycling, junk or salvage yard shall mean if within the last thirty (30) days the owner of the business or premises on which the vehicle is located has spent at least ten (10) hours of labor in the repairing, re- building or reconstruction of the motor vehi- cle. The burden shall be on the owner to prove that it is being actively restored which may include receipts for the purchase of parts and supplies during the last thirty (30) days which have been installed in the vehicle. This exception for motor vehicles being actively restored shall not extend to vehicles from which parts are being taken to restore anoth- er vehicle. Parts being used in the restoration of a motor vehicle must be stored in an en- closed building while restoration work is not taking place. For the purposes of this Ordi- nance, the term "recycling yard" shall in- clude a "junk yard", "salvage yard", or "auto salvage yard". Impound yards to which ve- hicles are taken for temporary or long term storage until control of vehicle can be re- turned to the owner, or the vehicles are recy- cled or auctioned off shall be considered re- cycling, junk or salvage yards. [Ordinance 5426, 11/20/17] Regulatory Flood: A flood which is rep- resentative of large floods known to have oc- curred generally in the area and reasonable characteristic of what can be expected to oc- cur in a particular stream. The regulatory flood has a frequency of approximately 100 years determined from an analysis of floods on a particular stream and other streams in the same general region. Regulatory Flood Protection Elevation: The elevation to which uses regulated by this Ordinance are required to be elevated or floodproofed. 19 Page 61 of 85 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. Restaurants: 1. Drive -In Establishment: An es- tablishment which by design or physical facilities or by service or packaging procedures, encourages or permits customers to receive or obtain a product which may be used or consumed in an automo- bile on the premises or to be enter- tained while remaining in an au- tomobile. This term does not in- clude sidewalk or patio cafes where service is provided to tables only. 2. Fast Casual Type: Where cus- tomers are normally served at the same table or counter at which items are consumed but customers are served with disposable dishes and cutlery which are expected to be disposed of by the customer. 3. 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. 4. Standard Type: Where customers are normally provided with an in- dividual menu and are served their food or beverages by a res- taurant employee at the same ta- ble or counter at which said items are consumed. Rooming House: A building where a room or rooms are provided for compensa- tion to three (3) or more persons. Rubble Disposal Site or Rubble Fill Site: The premises where rubble fill is placed, set down or deposited for the purpose of, or which has the result or effect of changing the existing contour or raising the elevation of said land with 25 cubic yards or more of fill. A fill site is also where the owner/operator advertises "fill wanted" regardless of the volume. Temporary above -ground storage during construction and rubble fill in con- junction with an approved development plan would not be considered a rubble disposal site or rubble fill site. [Ordinance 3590, 10/17/88] Rubble Fill: Material or refuse such as dirt, rock, stone, brick or similar inorganic material. [Ordinance 3590, 10/17/88] Salvage Yard: See Recycling, Junk or Sal- vage Yard. Screen: A wall or fence or area of planting that provides an effective visual barrier. For a single row the screen shall consist of Spruce, Firs, or Pines spaced at a maximum spacing of 15 feet or a double staggered row of Spruce, Firs, or Pine spaced at a maximum spacing of 20 feet within each row; for Ar- borvitae and Juniper the spacing shall be a double staggered row with maximum spac- ing of 10 feet within each row, or a single row with maximum spacing of 6 feet. In the case of a wall or fence, it shall be solid with a min- imum height of six (6) feet; in the case of plantings, the minimum height shall be four (4) feet at the time of planting. Alternative plantings and spacings may be approved by the City Planner or designee and still consti- tute a screen. Setback: The minimum distance between the lot line and the foundation of a building or any projection thereof, excluding the pro- jection of the usual steps, overhanging balco- nies or other ordinary projections in accord- ance with 10-27-1(F) or and unenclosed porches and decks in accordance with 10-27- 1(G) and other necessary approaches to the building. Setback, Average: Averaging the setback distance of one or more existing structures to modify the required setback as stated in the yard requirements for a particular district, as provided in Section 10-5-1(H). 20 Page 62 of 85 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. Setback Line: A line which determines the minimum location of a building or struc- ture with respect to any lot line based on the required setback. Setback, Required: The setback as stated in the yard requirements for a particular dis- trict, except as modified by the average set- back requirement or other requirement of this Ordinance. See also "Building Line". Side Lot Lines: Any lot lines which meet the end of a front lot line. Sign: Any structure or device designed or intended to convey information to the public in written or pictorial form for the purpose of bringing the subject thereof to the attention of the public. Flags displayed from flagpoles or staffs will not be considered to be signs. See Outdoor Advertising Signs and Billboards, Section 10-26-1. [Ordinance 4724, 9/20/04] Site Plan: A plan, to scale, showing uses and structures proposed for a parcel of land as required by the regulations involved. It includes lot lines, streets, building sites, re- served open space, building, major landscape features, and the location of proposed utility lines. Site Plan Amendment: A change in the site plan of any "planned" or site plan specif- ic zoning district after the Council has ap- proved the site plan. The R-P, C-Z, S-1, C-P, B-P and M-2,P District require Site Plan Amendment, which shall be approved as ei- ther a minor Site Plan Amendment or major Site Plan Amendment as provided in this Or- dinance. Special Flood Hazard Area (SFHA): The land within a community subject to the " 1-00- yearbase flood". This land is identified on the community's Flood Insurance Rate Map (FIRM) as Zone A„ A1-30, AE, AH, AO, AR, and/or AE A99.on the Flood Insurance Rate. map. [Ordinance 5049, 6/20/11] Special Permit: A use allowed in any dis- trict, where permitted by this Ordinance, af- ter a public hearing by the Board of Adjust- ment and recommendation of the Commis- sion, that meets the necessary conditions and safeguards for its operation, including a pub- lic or private use which possesses unique characteristics that may affect the community or surrounding area, and therefore deserves special consideration and permission before being established. Such use may also be re- ferred to as a "special exception," "use excep- tion" or "conditional use". [Ordinance 4735, 10/18/04] Stable, Private: A building or structure used or intended to be used for housing horses belonging to the owner of the proper- ty only for non-commercial purposes. Stable, Public and Riding Academy: A building or structure used or intended to be used for the housing only of horses on a fee basis. Riding instructions may be given in connection with a public stable or riding academy. Stable, Riding Club: A building or struc- ture used or intended to be used for the hous- ing only of horses by a group of persons for non-commercial purposes. Start of Construction: Includes substan- tial improvement, and means the date the development permit was issued, provided the actual start of construction, repair, recon- struction, rehabilitation, addition, placement, or other improvement, occurs within 180 days of the permit date. The actual start means either the first placement or perma- nent construction of a structure on a site, such as pouring of a slab or footings, the in- stallation of pile, the construction of columns, or any work beyond the stage of excavation; or the placement of a factory -built home on a foundation. Permanent construction does not include land preparation, such as clearing, grading or filling; nor does it include the in- stallation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection 21 Page 63 of 85 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occu- pied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of the building, whether or not that alteration affects the external dimensions of the building. [Ordinance 5049, 6/20/11] Story: That portion of a building includ- ed between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling or roof next above it. Story, Half A space under a sloping roof which has the line of intersection of roof decking and wall face not more than four (4) feet above the top floor level. Street Line: The right-of-way line of a street. Street, Private: Any private way, which has not been dedicated to the public or deed- ed to the City for street purposes and has been approved by the City Council after rec- ommendation by the Commission and City Engineer. Street, Public: Any thoroughfare or pub- lic way which has been dedicated to the pub- lic or deeded to the City for street purposes and which has been approved by the City Council after recommendation by the Com- mission and the City Engineer. Strip Development or Strip Mall: Any commercial development, including profes- sional office, where multiple uses or units are designed and erected as individual buildings attached in a continuous row. Any type of damage or destruction to the structure, as a part or whole, which activates an insurance policy shall be first applied to the replace- ment, repair, and maintenance of the struc- ture. Such structures shall be permitted in any Zoning District where the proposed use or uses are a permitted use. In addition, the uses or units within the overall structure shall be permitted on separate lots with diverse ownership when separated from one another by an approved wall or walls, and shall not be required to meet the side yard setback re- quirements of the district in which it is locat- ed where the structure abuts another use or unit. All new structures or existing convert- ed structures on separate lots with diverse ownership shall be required to meet all appli- cable codes and ordinances regarding build- ing, fire, water and utility connections, drain- age, subdivision, etc., and shall provide per- manent cross easements for access, parking, and utilities and permanent maintenance agreements for shared infrastructure, such as the parking and vehicular use areas, storm water detention, utility connections, etc. [Or- dinance 4774, 06/06/05] Structural Alterations: Any replacement or changes in the types of construction or in the supporting members of a building such as bearing walls or partitions, columns, beams, or girders, beyond ordinary repairs and maintenance. Structure: Anything constructed or erect- ed on the ground or attached to the ground, including, but not limited to, buildings, facto- ries, sheds, cabins, mobile homes, factory built homes, storage tanks, grain storage fa- cilities and/or other similar uses. fences, bill boards and signs. [Ordinance 4725, 09/20/04] Structure, Height of The vertical distance from the average grade to the highest point. See "Building, Height of" for buildings. Structure, Principal: The main or primary structure on a lot used or intended for use for a principal use. This shall not prohibit more than one principal structure on a lot if all oth- er requirements of this Ordinance are met. Substance Abuse Facility: See Group Home (Supervised or Unsupervised) [Ordi- nance 4554, 6/3/02] 22 Page 64 of 85 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before - damage condition would equal or exceed fif- ty 150)% percent of the market value of the structure before the damage occurred. [Ordi- nance 3810, 8/19/91] Volunteer labor and do- nated materials shall be included in the esti- mated cost of repair. Substantial Improvement: Any im- provement to a structure which satisfies ei- ther of the following criteria: 1.) Any repair, reconstruction, rehabilitation, addition or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either (a) before the start of con- struction of the improvement, or (b) if the structure has been substantially damaged and is being restored, before the damage oc- curred. The term does not, however, include either (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code speci- fications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions or (2) any alteration will not pre- clude the structure's continued designation as a "historical structure." [Ordinance 3810, 8/19/91] 2.) Any addition that increases the original floor area of a building by 25 percent or more. All additions constructed after July 3, 1985 shall be added to any proposed addi- tion in determining whether the total increase in original floor space would exceed 25 per- cent. [Ordinance 5049, 6/20/11] Trailer: See "Mobile Home." Trailer Park: See "Mobile Home Park." Urban Animal Hobby Farm (UAHF): A small gathering of farm animals kept for commercial production and sale, family food or byproduct production, and/or educational or recreational purposes, but not as a primary source of income. Animals not allowed as part of a UAHF include swine (including pot belly pigs), camels, roosters, guinea, falcon, or any exotic animals as determined in the reasonable discretion of the City Planner or designee. Horses shall not be regulated as part of a UAHF. [Ordinance 5417, 8/28/17] Used Car Lot: A designated location wherein proper and adequate facilities shall be maintained for displaying, reconditioning and repairing any motor vehicle of a type subject to registration under the laws of the State of Iowa. Use, Principal: The main or primary purpose for which a building, structure or lot is designed, arranged, or intended, or for which they may be used, occupied, or main- tained under this Ordinance. Variance: A device which grants a prop- erty owner relief from certain provisions of this Ordinance which the Board of Adjust- ment is permitted to grant in cases where strict enforcement of said provisions would cause undue hardship owing to circumstanc- es unique to the individual property on which the Variance is sought. Vehicle: Any device in, upon or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used ex- clusively upon stationary rails or tracks, and shall include, without limitation, a motor ve- hicle, automobile, truck, trailer, motorcycle or any combination thereof. Violation: The failure of a use, structure, or other development to be fully compliant with the terms of this Ordinance, as may be amended or modified. Yard: An open space on the same lot with a building or structure unoccupied and un- obstructed by any portion of a structure ex- cept as provided herein. In measuring a yard for the purpose of determining the depth of a front, side, or rear yard, the least distance be- tween the lot line and the foundation of a principal building shall be used. 23 Page 65 of 85 CHAPTER 4 DISTRICT AND BOUNDARIES 10-4-1 CLASSIFICATION OF DISTRICTS. Yard, Front: A yard extending across the full width of the lot and measured between the front lot line and the foundation of a principal building or any projection thereof, other than the projection of the usual steps, overhanging balconies other ordinary projec- tions in accordance with 10-27-1(F) or unen- closed porches and decks in accordance with 10-27-1(G). Yard, Rear: A yard extending across the full width of the lot and measured between the rear lot line and the foundation of a prin- cipal building or any projections thereof, oth- er than the projection of the usual steps, overhanging balconies, other ordinary projec- tions in accordance with 10-27-1(F) or unen- closed porches and decks in accordance with 10-27-1(G). On both corner lots and interior lots the rear yard shall be the opposite end of the lot from the front yard. Yard, Side: A yard extending from the front yard to the rear yard and measured be- tween the side lot lines and the foundation of a principal building or any projection thereof, other than the projection of the usual steps, overhanging balconies or other ordinary pro- jections in accordance with 10-27-1(F). Zero Lot Line: A development approach in which a building is situated on one or more lot lines with no yard. CHAPTER 4 DISTRICT AND BOUNDARIES [Ordinance 3393, 6/10/85] 10-4-1 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 sixteen (16) classes of districts. [Ordinance 4709, 8/9/04] The use, height and area regula- tions are uniform in each class of district, and said districts shall be known as: "A-1" Agricultural District "R-R" Rural Residence District "R-1" One and Two Family Residence Dis- trict "R-2" One and Two Family Residence Dis- trict "R-3" Multiple Residence District "R-4" Multiple Residence District "R-P" Planned Residence District "C-Z" Conditional Zoning District "S-1" Shopping Center District "C-1" Neighborhood Commercial District "C-2" Commercial District "C-P" Planned Commercial District "B-P" Business Park District "C-3" Central Business District "M-1" Light Industrial District "M-2" Heavy Industrial District "M-2,P" Planned Industrial District The "R-P" District is in conjunction with oth- er Residential Districts, i.e., R-1,R-P; R-2,R-P; R-3,R-P; and R-4,R-P. The "C-Z" District is in conjunction with other Districts, i.e., R-1,C-Z; R-2,C-Z; R-3,C-Z; R-4,C-Z; C-1,C-Z; C-2,C-Z; and M-1,C-Z. 10-4-2 CLASSIFICATION OF FLOOD PLAIN OVERLAY DISTRICTS. [Ordinance 3393, 6/10/85] In order to classify, regulate and restrict the location of trades and industries and the location of buildings designed for specific 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 with- 24 Page 66 of 85 CHAPTER 4 DISTRICT AND BOUNDARIES 10-4-3 FINDING OF FACT. in established flood prone areas, the City of Waterloo, Iowa is hereby divided into four (4) classes of flood plain "overlay" districts. The use, height and area regulations are uni- form in each class of said district, and the dis- tricts 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 10-4-3 FINDING OF FACT. [Ordinance 3487, 6/15/87] A. 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, ex- tra ordinary 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. B. 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 inade- quately elevated or otherwise protected from flooding (ii) the cumulative effect of flood plain construction in flood flows, which causes increases in flood heights and flood water velocities. C. This Ordinance relies upon engineering methodology for analyzing flood hazards which is consistent with the standards es- tablished by the Department of Natural Resources. 10-4-4 DISTRICT BOUNDARIES AND OFFICIAL ZONING MAPS. [Ordinance 3393, 6/10/85] With the exception of the Flood Plain (Overlay) Districts, the boundaries of these districts are indicated upon the Digital Offi- cial Zoning Map of the City of Waterloo, Io- wa, which map is made a part of this Ordi- nance. Said Digital Official Zoning Map of the City of Waterloo, Iowa, and all the nota- tions, references and other matters shown thereon shall be as much as a part of this Or- dinance as if the notations, references and other matters set forth by said map were all fully described herein. Said Digital Official Zoning Map is on file in the office of the City Planner, at the City Hall of the City of Water- loo, Iowa, and shall bear the signature of the Mayor attested by City Clerk, under the certi- fication that this is the official Zoning Map referred to in this Section of the Zoning Ordi- nance. The Digital Official Zoning Map shall show all amendments or changes and shall indicate the date of each amendment or change. It shall be the responsibility of the City Planner or designee to see that the Zon- ing Map is kept current at all times. [Ordi- nance 4795, 12/12/05] 10-4-5 ESTABLISHMENT OF OFFICIAL FLOOD PLAIN ZONING MAP. [Ordinance 3393, 6/10/85] The Flood Insurance Rate Map (FIRM) for Black Hawk County and Incorporated Areas, City of Waterloo, Panels 19013C0158F19013C0167F, 0159F, 0166F, 0167F, 0168F, 0169F, 0180F, 0186F, 0187F, 0188F, 0189F, 0193F, 0194F, 0215F, 0281F, 0282F, 0283F, 0284F, 0291F, 0292F, 0301F, 0302F, 0303F, 0304F, 0306F, 0307F, 0308F, and 0309F, 0311F, 0312F, 0316F, 0317F, dated July 18, 2011, and Panels 19013C0158G, 0159G, 0166G, 0168G, 0180G, 0187G, 0193G, 0194G, 0195G, 0215G, 0281G, 0283G, 0284G, 0291G, 0292G, 0303G, 0304G, 0311G, 0312G, 0316G, and 0317G dated May 8, 2024, which were prepared as part of the Flood Insurance Study for Black Hawk County, is (are) hereby adopted by reference and declared to be the Official Floodplain Zoning Map. The flood profiles and all explanatory material con- 25 Page 67 of 85 CHAPTER 4 DISTRICT AND BOUNDARIES 10-4-6 PURPOSE OF FLOOD PLAIN (OVERLAY) DISTRICTS. tained with the Flood Insurance Study are also declared to be a part of this Ordinance. [Ordinance 5049, 6/20/11] 10-4-6 PURPOSE OF FLOOD PLAIN (OVERLAY) DISTRICTS. [Ordinance 3393, 6/10/85] 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 provi- sions 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 mon- ey for costly flood control projects; 3. To minimize the need for rescue and re- lief 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 time of initial construction; 6. To help maintain a stable tax base by providing for the sound use and devel- opment of areas of special flood hazard so as to minimize flood blight areas; 7. To ensure potential buyers are notified that property may 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 Na- tional Flood Insurance Program. 10. Restrict or prohibit uses which are dan- gerous to health, safety or property in times of flood or which cause excessive increases in flood heights or velocities. [Ordinance 5049, 6/20/11] 10-4-7 INTERPRETATION OF DISTRICT BOUNDARIES. [Ordinance 3393, 6/10/85] 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 accompa- nying and made a part of this Ordinance, the following rules apply: 1. The district boundaries are either street center lines or alley center lines, unless otherwise shown. [Ordinance 3595, 11/7/88] Boundaries indicated as approx- imately following corporate limits shall be construed as following corporate lim- its. Boundaries indicated as approximate- ly following railroad lines shall be con- strued to be midway between the main tracks. Boundaries indicated as approxi- mately following the centerlines of rivers, streams, creeks or other waterways shall be construed to follow such centerlines. 2. In unplatted property, the district bound- ary lines on the map accompanying and made a part of the Ordinance shall be de- termined 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 Map. Said map or por- tion of said map need not be published. 26 Page 68 of 85 CHAPTER 22 FLOODWAY AND FLOOD PLAIN DISTRICTS 10-22-1 REGULATIONS. terior street connections or major traffic changes. A change in use may go through the minor ap- proval process as long as the change is similar to the type of use approved with the development plan. b. Minor A site plan shall be prepared in accordance with Section 10-21- 1(C) (Required Conditions) and Section 10-21-1(D) (Procedure) for any change to an approved site plan located in a "M-2,P" Planned Industrial District. Minor Site Plan Amendments shall be admin- istratively reviewed by Planning staff. If the change is considered insignificant in nature, staff may approve the change without a re- view and public hearing before the Commission and City Council. [Ordinance 4165, 5/13/96] Examples of minor changes may include, but are not limited to the following: the location, construc- tion, replacement or change in type of signage; change in use to a similar use approved with the de- velopment plan; minor change in building locations; or change in the locations of access, driveways, or parking areas. These examples may be carried out through the administrative review and ap- proval of the Planning staff. Minor changes may include addi- tions to an existing building which do not increase the floor area by more than fifty (50) percent of the floor area of the building pro- posed to be added on to, or new buildings with a floor area not ex- ceeding ten (10) percent of the floor area of all existing or ap- proved principal buildings. If staff determines that the magni- tude of any such change is signifi- cant in nature or could become significant in nature, the change shall be deemed major and the change shall be resubmitted and considered in the same manner as the original site plan in accord- ance with Section 10-21-1(C) (Re- quired Conditions) and Section 10-21-1(D) (Procedure), including a public hearing before the Com- mission and City Council. In de- termining if a change is significant in nature the Planning staff shall consider, among other things, the overall design of the proposed change and its compatibility to the existing development and sur- rounding development, as well as impact on the neighborhood due to changes in parking, traffic, etc. or changes in visibility or aesthet- ics from the public roads or ad- joining properties caused by the proposed change. CHAPTER 22 FLOODWAY AND FLOOD PLAIN DISTRICTS [Ordinance 3393, 6/10/85] 10-22-1 REGULATIONS. The regulations set forth in this Chapter and those contained in Chapter 5 shall apply 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 es- 92 Page 69 of 85 CHAPTER 22 FLOODWAY AND FLOOD PLAIN DISTRICTS 10-22-2 "F-W" FLOODWAY (OVERLAY) DISTRICT. tablishing the flood plain zoning dis- tricts. These districts are shown on the Official Zoning Map as being the boundaries of the Floodway, Flood - way Fringe (designated as Zone AE on the Official Flood Plain Zoning Map), General Flood Plain (designat- ed as Zone A on the Official Flood Plain Zoning Map) and Shallow Flooding (designated as Zone AO or AH on the Official Flood Plain Zoning Map) Overlay Districts. [Ordinance 5288, 06/15/15] Within these districts, all uses not allowed as Principal Per- mitted Uses or permissible as Condi- tional Uses are prohibited unless a Variance to the terms of this Ordi- nance is granted after due considera- tion by the Board of Adjustment. [Or- dinance 5049, 6/20/11] 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 ex- act location of the boundaries, the City Planner or official designee shall make the necessary interpretation. The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any require- ment, decision, or determination made by the City Planner or designee in the enforcement or administration of this Ordinance. [Ordinance 5049, 6/20/11] 3. Abrogation and Greater Restrictions. It is not intended by this Ordinance to repeal, abrogate or impair any ex- isting easements, covenants, or deed restrictions. However, where this Or- dinance imposes greater restrictions, the provision of this Ordinance shall prevail. All other ordinances incon- sistent with this Ordinance are hereby repealed to the extent of the incon- sistency only. 4. Warning and Disclaimer of Liability. The degree of flood protection re- quired by this Ordinance is consid- ered reasonable for regulatory pur- poses and is based on engineering and scientific methods of study. Larger floods may occur on rare occa- sions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings re- stricted by debris. This Ordinance does not imply that areas outside the flood plain districts or land uses per- mitted within such districts will be free from flooding or flood damages. This Ordinance shall not create liabil- ity on the part of the City of Waterloo or the Board of Adjustment or an of- ficer or employee thereof for any flood damages that result from reli- ance on this Ordinance or any admin- istrative decision lawfully made there under. 10-22-2 "F-W" FLOODWAY (OVERLAY) DISTRICT. A. Principal Permitted Uses. The following uses shall be permitted within the Floodway (Overlay) District to the extent they are not prohibited by other ordi- nance (or underlying zoning district) and provided they do not require placement of structures, factory built homes, fill or other obstruction, the storage of materials or other equipment, or excavation or alteration of a watercourse. [Ordinance 5395, 04/10/17] 1. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticul- ture, truck farming, forestry, sod farming, and crop harvesting. 93 Page 70 of 85 CHAPTER 22 FLOODWAY AND FLOOD PLAIN DISTRICTS 10-22-2 "F-W" FLOODWAY (OVERLAY) DISTRICT. 2. Industrial -commercial uses such as loading areas, parking areas, airport landing strips. 3. 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 horse riding trails. 4. Stormwater detention or retention fa- cilities. [Ordinance 5395, 04/10/17] 5. Residential uses such as lawns, gar- dens, parking areas play areas. 6. Such other open -space uses similar in nature to the above uses. B. Conditional Uses. The following uses which involve struc- tures (temporary or permanent), fill, storage of materials or equipment, or excavation or alteration of a watercourse 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 Stand- ards. [Ordinance 5395, 04/10/17] 1. Uses or structures accessory to open - space uses. 2. Circuses, carnivals, and similar tran- sient amusement enterprises. 3. Drive-in theaters, new and used car lots, roadside stands, signs, and bill- boards. 4. Extraction of sands, gravel, and other material. 5. Marinas, boat rentals, docks, piers, wharves. 6. Utility transmission lines, under- ground pipelines. 7. Other uses similar in nature to the Principal Permitted and Conditional Uses described herein which are con- sistent with the Floodway District Performance Standards and the gen- eral spirit and purpose of this Ordi- nance. C. Performance Standards. All Floodway District Uses allowed as a Principal Permitted or Conditional Use shall meet the following standards: 1. No use development shall be permit- ted 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 as- sumption that an equal degree of de- velopment would be allowed for simi- larly situated lands. 2. All uses development within the Floodway District shall: a. Be consistent with the need to minimize flood damage. b. Use construction methods and practices that will minimize flood damage. c. Use construction materials and utility equipment that are resistant to flood damage. 3. No use development 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. 4. Structures, buildings, recreational ve- hicles, and sanitary and utility sys- tems, if permitted, shall meet the ap- plicable performance standards of the Floodway Fringe District and shall be 94 Page 71 of 85 CHAPTER 22 FLOODWAY AND FLOOD PLAIN DISTRICTS 10-22-3 "F-F" FLOODWAY FRINGE (OVERLAY) DISTRICT. constructed or aligned to present the minimum possible resistance to flood flows. 5. BuildingsStructures, if permitted, shall have a low flood damage poten- tial and shall not be for human habita- tion. 6. Storage of materials or equipment that are buoyant, flammable, explo- sive or injurious to human, animal or plant life is prohibited. Storage of other material may be allowed if read- ily removable from the Floodway Dis- trict within the time available after flood warning. 7. Watercourse alterations or relocations (channel changes and modifications) must be designed to maintain the flood carrying capacity within the al- tered or relocated portion. In addition, such alterations or relocations must be approved by the Iowa Department of Natural Resources (IDNR). 8. Any fill allowed in the floodway must be shown to have some beneficial purpose and shall be limited to the minimum amount necessary. 9. Pipeline river or stream crossings shall be buried in the streambed and banks or otherwise sufficiently pro- tected to prevent rupture due to channel degradation and meandering or due to the action of flood flows. 10-22-3 "F-F" FLOODWAY FRINGE (OVERLAY) DISTRICT. A. Permitted Uses. All uses development within the Flood - way Fringe (Overlay) District (designated as Zone AE on the Official Flood Plain Zoning Map) shall be permitted to the extent that they are not prohibited by any other ordi- nance (or underlying zoning district) and provided they meet applicable performance standards of the Floodway Fringe (Overlay) District. [Ordinance 5288, 06/15/15] B. Performance Standards. All uses development must be consistent with the need to minimize flood damage and shall meet the following applicable perfor- mance standards. 1. All structures development shall (1) be designed and adequately anchored (including factory built homes) to prevent flotation, collapse or lateral movement of the structure, (2) be con- structed with materials and utility equipment resistant to flood damage, and (3) be constructed by methods and practices that minimize flood damage. 2. Residential buildings structures - All new or substantially improved resi- dential structures shall have the low- est floor, including basements, elevat- ed a minimum of 1.0 foot above the 100 year flood level. Construction shall be upon compacted fill which shall at all points be no lower than 1.0 foot above the 100 year flood level and extend at such elevation at least 18 feet beyond the limits of any struc- ture erected thereon. Alternate meth- ods of elevating (such as piers) may be allowed subject to favorable con- sideration by the Board of Adjustment and issuance of a Special Exception Permit where existing topography, 95 Page 72 of 85 CHAPTER 22 FLOODWAY AND FLOOD PLAIN DISTRICTS 10-22-3 "F-F" FLOODWAY FRINGE (OVERLAY) DISTRICT. street grades, or other factors pre- clude elevating by fill. In such cases, the methods used must be adequate to support the structure as well as withstand the various forces and haz- ards associated with flooding. All new residential building structures shall be provided with a means of access which will be passable by wheeled vehicles during the 100 year flood. [Ordinance 3487, 6/15/87] [Ordinance 5049, 6/20/11] 3. Non-residential buildings structures - All new or substantially improved non-residential buildings structures 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. When flood proofing is utilized, a professional engineer regis- tered in the State of Iowa shall certify that the flood -proofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors as- sociated with the 100 year flood; and that the structure below the 100 year flood level is watertight with walls substantially impermeable to the pas- sage of water. A record of the certifi- cation indicating the specific elevation (in relation to North American Verti- cal Datum 1988) to which any struc- tures are flood -proofed shall be main- tained by the City Planner or design- ee. 4. All factory built homes which are placed in an existing factory built home park or subdivision, 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 fac- tory built home with two (2) addi- tional ties per side at intermediate lo- cations for factory built homes 50 feet or more in length or one (1) such tie for factory built homes less than 50 feet in length; (2) frame ties be pro- vided at each corner of the home with five (5) additional ties per side at in- termediate points for factory built 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 factory built home be similarly anchored. All fac- tory built homes which are placed in an existing factory built home park or subdivision shall be elevated on a permanent foundation such that the lowest floor of the structure is a min- imum of one (1) foot above the 100- year flood level. [Ordinance 5049, 6/20/11] 5. All factory built homes not being placed in existing factory built home parks or subdivisions shall be placed on lots or pads elevated by means of compacted fill so that the lowest floor of the factory built home will be a minimum of one (1) foot above the 100 year flood level. In addition, the tie -down specifications enumerated within subparagraph (d) herein must be met and adequate surface drainage and access for a hauler must be pro- vided. [Ordinance 5049, 6/20/11] 6. New factory built home parks, expan- sions to existing factory built home parks, and factory built home 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, utili- ties and pads before the repair, recon- 96 Page 73 of 85 CHAPTER 22 FLOODWAY AND FLOOD PLAIN DISTRICTS 10-22-3 "F-F" FLOODWAY FRINGE (OVERLAY) DISTRICT. struction or improvement has com- menced shall provide: (1) lots or pads that have been elevated by means of compacted fill so that the lowest floor of factory built homes will be a mini- mum of 1.0 feet above the 100 year flood level; (2) adequate surface drainage; (3) access for a hauler; and (4) ground anchors for factory built homes. [Ordinance 5049, 6/20/11] 7. Utility and Sanitary Systems. a. All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltra- tion of flood waters into the sys- tem as well as the discharge of ef- fluent into flood waters. Wastewater treatment facilities (other than on -site systems) shall be provided with a level of flood protection equal to or greater than one (1) foot above the 100 year flood elevation. [Ordinance 5049, 6/20/11] b. On -site waste disposal and water supply systems shall be located or designed to avoid impairment to the system or contamination from the system during flooding. [Ordi- nance 5049, 6/20/11] c. New or replacement water supply systems shall be designed to min- imize or eliminate infiltration of flood waters into the system. Wa- ter supply treatment facilities (other than on -site systems) shall be provided with a level of protec- tion equal to or greater than one (1) foot above the 100-year flood elevation. [Ordinance 5049, 6/20/11] d. Utilities such as gas or electrical systems shall be located and con- structed to minimize or eliminate flood damage to the system and the risk associated with such flood damaged or impaired systems. 8. Storage of materials and equipment that are flammable, explosive or inju- rious to human, animal or plant life is prohibited unless elevated a mini- mum 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 wa- ters or (2) be readily removable from the area within the time available af- ter flood warning. 9. Flood control structural works such as levees, flood walls, etc. shall provide, at a minimum, protection from a 100- year flood with a minimum of 3 feet of design freeboard and shall provide for adequate interior drainage. In ad- dition, structural flood control works shall be approved by the Iowa De- partment of Natural Resources (IDNR). 10. No use shall affect the capacity or conveyance of the channel or flood way of any tributary to the main stream drainage ditch or other drain age facility or systemWatercourse al- terations or relocations must be de- signed to maintain the flood carrying capacity within the altered or relocat- ed portion. In addition, the Iowa De- partment of Natural Resources (IDNR) must approve such alterations or relocations. 11. The exemption of dDetached garages, sheds, fences, flag poles and similar structures that are incidental to a resi- dential use are exempt from the 100 year flood elevation requirements may result in increased premium rates for insurance coverage of the structure and contents; however, said 97 Page 74 of 85 CHAPTER 22 FLOODWAY AND FLOOD PLAIN DISTRICTS 10-22-3 "F-F" FLOODWAY FRINGE (OVERLAY) DISTRICT. detached garages, sheds, fences, flag poles and similar accessory type structures arc exempt from the 100 y ar flood elevation requirements whenwhere the following criteria are satisfied: a. The structure shall not be used for human habitationbe designed to have low flood damage potential. Its size shall not exceed six hun- dred (600) square feet. Those por- tions of the structure located less than 1 foot above the base flood elevation must be constructed of flood -resistant materials. b. The structure shall be designed to have low flood damage potcn tialused solely for low flood dam- age potential purposes such as vehicle parking and limited stor- age. The structure shall not be used for human habitation. c. The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters. d. The structure shall be firmly an- chored to prevent flotation, col- lapse, and lateral movement which may result in damage to other structures. e. The structure's service facilities such as electrical and heating equipment shall be elevated or flood proofed to at least 1 foot above the base flood elevation. e:f. The structure's wall shall include openings that satisfy the provi- sions of subparagraph 13 herein. Exemption from the base flood eleva- tion requirements for such a structure may result in increased premium rates for flood insurance coverage of the structure and its contents. For do tachcd garages and shcds a A profes- sional engineer licensed in the State of Iowa shall certify that these require- ments are met. [Ordinance 5049, 6/20/11] 12. Subdivisions (including factory -built home parks and subdivisions) shall be consistent with the need to minimize flood damages and shall have ade- quate drainage provided to reduce exposure to flood damage. Develop- ment associated with subdivision proposals (including the installation of public utilities) shall meet the ap- plicable performance standards of this Ordinance. Subdivision proposals in- tended for residential use shall pro- vide all lots with a means of vehicular access that will remain passable by wheeled vehicles during the occur- rence of the 100-year flood. Proposals for subdivisions greater than five (5) acres or fifty (50) lots (whichever is less) shall include 100-year flood ele- vation data for those areas located within the Floodway Fringe (Overlay) District. [Ordinance 5049, 6/20/11] 13. All new and substantially improved structures. [Ordinance 3487, 6/15/87] a. Fully enclosed areas below the "lowest floor" (not including basements) that are subject to flooding shall be designed to au- tomatically 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 profes- sional engineer or meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed 98 Page 75 of 85 CHAPTER 22 FLOODWAY AND FLOOD PLAIN DISTRICTS 10-22-3 "F-F" FLOODWAY FRINGE (OVERLAY) DISTRICT. area subject to flooding shall be provided. ii. The bottom of all openings shall be no higher than one foot above grade. iii. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters. Such areas shall be used solely for parking of vehicles, building ac- cess, or low damage potential storage. [Ordinance 5049, 6/20/11] b. New and substantially improved structures must be designed (or modified) and adequately an- chored (including factory built homes) to prevent flotation, col- lapse, or lateral movement of the structure resulting from hydrody- namic and hydrostatic loads, in- cluding the effects of buoyancy. c_New and substantially improved structures must be constructed with electrical meter, electrical service panel box, hot water heat- er, heating, air conditioning, venti- lation equipment (including ductwork), plumbing and air con ditioning equipment and other similar machinery and equipment elevated (or in the case of non- residential structures, optionally floodproofed to) a minimum of 1 foot above the base flood elevation Gcrvicc facilities that arc designed and/or located so as to prevent water from entering or accumulat ing within the components during conditions of flooding. e d. New and substantially improved structures shall be constructed with plumbing, gas lines, wa- ter/ gas meters and other similar service utilities either elevated (or in the case of non-residential structures, optionally flood - proofed to) a minimum of 1 foot above the base flood elevation or designed to be watertight and withstand inundation to such a level. 14. Factory -Built Homes. a. All factory -built homes, including those placed in existing factory - built home parks or subdivisions shall be anchored to resist flota- tion, collapse, or lateral move- ment. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. [Ordinance 5049, 6/20/11] b. All 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 mini- mum of one (1) foot above the 100-year flood level. [Ordinance 3487, 6/15/87] 15. Pipeline river and stream crossings shall be buried in the streambed and banks, or otherwise sufficiently pro- tected to prevent rupture due to channel degradation and meandering. 16. All new or substantially improved maximum damage potential devel- opment shall have the lowest floor (including basement) elevated a min- imum of 1 foot above the elevation of the 500-year flood, or together with attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a profes- sional engineer registered in the State 99 Page 76 of 85 CHAPTER 22 FLOODWAY AND FLOOD PLAIN DISTRICTS 10-22-4 "F-P" GENERAL FLOOD PLAIN (OVERLAY) DISTRICT. of Iowa shall certify that the flood - proofing methods used are adequate to withstand the flood depths, pres- sures, velocities, impact and uplift forces and other factors associated with the 0.2% annual chance flood; and that the structure, below the 0.2% annual chance flood elevation is wa- tertight with walls substantial imper- meable to the passage of water. A rec- ord of the certification indicating the specific elevation (in relation to North American Vertical Datum 1988) to which any structures are floodproofed shall be maintained by the City Plan- ner or designee. Where 0.2% chance flood elevation data has not been pro- vided in the Flood Insurance Study, the Iowa Department of Natural Re- sources shall be contacted to compute such data. The applicant will be re- sponsible for providing the Depart- ment of Natural Resources with suffi- cient technical information to make such determinations. 10-22-4 "F-P" GENERAL FLOOD PLAIN (OVERLAY) DISTRICT. A. Principal Permitted Uses. The following uses, including accessory and customarily incidental uses to the follow- ing uses, shall be permitted within the Gen- eral Flood Plain (Overlay) District (designat- ed as Zone A on the Official Flood Plain Zon- ing Map) to the extent they are not prohibited by any other ordinance (or underlying zoning district) and provided they do not require placement of structures, factory built homes, fill or other obstruction; the storage of mate- rials or equipment; excavation or alteration of a watercourse, unless approved as herein stated. [Ordinance 5049, 6/20/11] [Ordinance 5288, 06/15/15] 1. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticul- ture, truck farming, forestry, sod farming and crop harvesting. 2. Industrial -commercial uses such as loading areas, parking areas, and air- port landing strips. 3. Private and public recreation 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 horse- back riding trails. 4. Stormwater detention or retention fa- cilities. [Ordinance 5288, 06/15/15] 5. Residential uses such as lawns, gar- dens, parking areas and play areas. 6. Such other open -space uses similar in nature to the above uses. [Ordinance 5049, 6/20/11] B. Conditional Uses. Any uec development which involves placement of structures, factory built homes, fill or other obstructions; the storage of mate- rials or equipment; excavation or alteration of a watercourse may be allowed only upon a determination by the Iowa Department of Natural Resources (IDNR) 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. Until a regulatory floodway is designated, no devel- opment may increase the 100 year elevation more than one (1) foot. The applicant shall be responsible for providing the Iowa Depart- ment of Natural Resources (IDNR) with suf- ficient technical information to make the de- termination. [Ordinance 5049, 6/20/11] [Ordi- nance 5288, 06/15/15] 100 Page 77 of 85 CHAPTER 23 "H-C" HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 10-22-5 "S-F" SHALLOW FLOODING (OVERLAY) DISTRICT. C. Performance Standards. 1. All conditional uses or portions there- of to be located in the floodway as de- termined by the Iowa Department of Natural Resources (IDNR) shall meet the applicable provisions and stand- ards of the Floodway (Overlay) Dis- trict. 2. All conditional uses, or portions thereof, to be located in the floodway fringe as determined by the Iowa De- partment of Natural Resources (IDNR) shall meet the applicable standards of the Floodway Fringe (Overlay) District. 10-22-5 "S-F" SHALLOW FLOODING (OVERLAY) DISTRICT. A. Permitted Uses. All uses development within the Shallow Flooding (Overlay) District (designated as Zone AO or AH on the Official Flood Plain Zoning Map) shall be permitted to the extent that they are not prohibited by any other or- dinance (or underlying zoning district) and provided they meet the applicable perfor- mance standards of the Shallow Flooding (Overlay) District. [Ordinance 5288, 06/15/15] B. Performance Standards. The performance standards for the Shal- low Flooding (Overlay) District shall be the same as the performance standards for the Floodway Fringe (Overlay) District with the following exceptions: 1. In shallow flooding areas designated as an AO Zone on the Flood Insurance Rate Map, the minimum flood proof- ing/flood protection elevation shall be equal to the number of feet as spec- ified on the Flood Insurance Rate Map (or a minimum of 2.0 feet if no num- ber is specified) above the highest natural grade adjacent to the struc- ture. [Ordinance 5049, 6/20/11] 2. In shallow flooding the Flood Insur- ance areas designated as an AH Zone on the Flood Insurance Rate Map, the minimum flood proofing/flood eleva- tion shall be equal to the elevation as specified on the Flood Insurance Rate Map. 3. In shallow flooding areas designated as either an AO and or AH zones on the Flood Insurance Rate Map, require drainage paths are required around structures on slopes to adequately guide floodwaters around and away from proposed structures. [Ordinance 5049, 6/20/11] CHAPTER 23 "H-C" HIGHWAY 218 CORRIDOR OVERLAY DISTRICT [Ordinance 3698, 2/5/90] [Ordinance 3805, 8/5/91] 10-23-1 GENERAL REGULATIONS. A. Boundaries. The "H-C" Highway 218 Corridor Over- lay District shall generally include all real property adjacent to or in close proximity to U.S. Highway 218. The actual boundaries are shown on the official zoning map and legally described in Attachment A to this Section. B. Purpose and Intent. The purpose and intent of this Chapter is to establish a Highway Corridor Overlay Dis- trict for the orderly development of proper- ties located within the Highway 218 Corridor Overlay District. The emphasis of the High- way Corridor Overlay District is to regulate the development within the Highway 218 101 Page 78 of 85 CHAPTER 30 OTHER PERMITS 10-30-1 PERMITS. firmative vote of not less than two- thirds (2/3) of the members in the case of adoption of a Comprehensive Plan and by simple majority of the members in the case of an amendment to an adopted Plan. E. Hold at least one (1) public hearing before any action on requests to change the zoning regulations or dis- trict boundaries. F. Review and provide recommendation on all Special Permits prior to Board of Adjustment review. G. Review and provide recommendation on such other matters as the staff or City Council shall find it advisable or essential to receive consideration by the Commission. H. For any matter requiring review and recommendation of the Commission, any recommending action shall only be valid for a period of one year if such matter has not been acted on by the City Council or Board of Adjust- ment. [Ordinance 5288, 06/15/15] CHAPTER 30 OTHER PERMITS 10-30-1 PERMITS. [Ordinance 3393, 6/10/85] A. Occupancy Permits. [Ordinance 3973, 9/27/93] No land shall be occupied or used, and no building hereafter erected or structurally al- tered shall be occupied or used in whole or in part for any purpose whatsoever, until a cer- tificate is issued by the Building Official, City Planner, or designee, stating that the building and use comply with the provision of this Ordinance and the building and health ordi- nances of the City of Waterloo. No change of use shall be made in any building or part thereof, now or hereafter erected or structur- ally altered, without a permit being issued therefore by the Building Official, City Plan- ner, or designee. No permit shall be issued to make a change unless the changes are in con- formity with the provisions of this Ordi- nance. Nothing in this part shall prevent the con- tinuance of a non -conforming use as herein - before authorized, unless a discontinuance is necessary for the safety of life or property. A certificate of occupancy shall be re- quired of all non -conforming uses. Applica- tion for certificate of occupancy for noncon- forming uses shall be filed within twelve (12) months after the date of non -conformity, ac- companied by affidavits of proof that such non -conforming use was not established in violation of Ordinance No. 1734 or amend- ments thereto. B. Flood Plain Development Permit. A Flood Plain Development Permit is- sued by the City Planner or designee shall be secured prior to initiation of any flood plain development (any manmade change to im- proved and unimproved real estate, includ- ing but not limited to buildings or other structures, mining, filling, grading, paving, storage of materials or equipment, excavation or drilling operations), including the place- ment of factory -built homes. [Ordinance 5049, 6/20/11] 1. Application for a Flood Plain Devel- opment Permit shall be made on forms supplied by the City Planner or designee and shall include the follow- ing information: [Ordinance 3973, 9/27/93] a. Description of the work to be cov- ered by the permit for which ap- plication is to be made. b. Description of the land on which the proposed work is to be done (i.e., lot, block, tract, street address 200 Page 79 of 85 CHAPTER 30 OTHER PERMITS 10-30-1 PERMITS. 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 in- tended. Location and dimensions of all structures and additions. d. Elevation of the 100-year flood. e. Elevation (in relation to North American Vertical Datum 1988) of the lowest floor (including base- ment) of buildings structures or of the level to which a building structure is to be floodproofed. f. For buildings structures being im- proved or rebuilt, the estimated cost of improvements and market value of the building structures prior to the improvements. Such other information as the City Planner or designee deems rea- sonably necessary for the purpose of this Ordinance. g. 2. Flood Plain Development Permits is- sued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in such approved plans and ap- plications and no other use, arrange- ment or construction. Any use, ar- rangement, or construction at vari- ance 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 certifica- tion by a professional engineer or land surveyor, as appropriate, regis- tered in the State of Iowa, that the fin- ished fill, building floor elevations, floodproofing, or other flood protec- tion measures were accomplished in compliance with the provisions of this Ordinance prior to the use or occu- pancy of any structure. 3. All uses or structures in the Flood - way, Floodway Fringe, General Flood Plain, and Shallow Flooding Districts requiring Special Permits shall be al- lowed only upon application to the City Planner or designee, with issu- ance of the Special Permit by the Board of Adjustment. Petitioners shall include information ordinarily submitted with applications as well as any additional information deemed necessary by the Board of Adjust- ment. Where required, approval of the Iowa Department of Natural Re- sources shall precede issuance of the Special Permit by the Board of Ad- justment. [Ordinance 3973, 9/27/93] C. Floodproofing Measures. Floodproofing measures shall be de- signed consistent with the flood protection elevation for the particular area, flood veloci- ties, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors asso- ciated with the regulatory flood. The Board of Adjustment shall require that the applicant submit a plan or document certified by a reg- istered professional engineer that the flood - proofing measures are consistent with the regulatory flood protection elevation and as- sociated flood factors for the particular area. Such floodproofing measures may include, but are not necessarily limited to the follow- ing: 1. Anchorage to resist flotation and lat- eral movement. 2. Installation of watertight doors, bulk- heads, and shutters, or similar meth- ods of construction. 3. Reinforcement of walls to resist water pressures. 201 Page 80 of 85 CHAPTER 33 DUTIES AND RESPONSIBILITIES OF THE CITY PLANNER OR OFFICIAL DESIGNEE 10-32-3 ENFORCEMENT. definitions of Alcohol Sales Uses and Floor Space therein), section 10-14- 1(A) (4), sections 10-15-1(A) (1) and (A) (3), section 10-18-1(A)(2), section 10-24-1, sec- tion 10-26-1(C) (2), section 10-27-1(H) (15), section 10-27-1 (Q), and 10-27-1(R). C. In addition to the penalties provided for in subsections A and B above, any person, firm, company or corporation that is guilty of a municipal infraction thereun- der shall be subject to all of the remedies available under Iowa Code section 364.22 and any amendments thereto, including but not limited to ordering the defendant to abate or cease the violation, authoriz- ing the City to abate or correct the viola- tion, and ordering that the City's costs for abatement or correction of the violation be entered as a personal judgment against the defendant, assessed against the prop- erty where violation occurred, or both. In addition to the penalties stated above in this section 10-32-2, an administrative fee of one hundred dollars ($100.00) will be charged for the second offense occurring within one (1) year, and for additional of- fenses occurring within one (1) year the administrative fee shall be three hundred dollars ($300.00) for each additional of- fense. Notice of the administrative fee, and procedures for payment, assessment, and appeal of same, shall be as set forth in section 1-3-2E of the Code of Ordinanc- es. D. Each day that a violation is permitted to exist shall constitute a separate offense. E. The City Planner or designee is hereby designated and ordered to enforce this Zoning Ordinance. 10-32-3 ENFORCEMENT. In case any building or structure is erect- ed, constructed, reconstructed, altered, re- paired, converted or maintained, or any building, structure or land is used in viola- tion of this Ordinance, the Building Official, City Planner, or designee, in addition to other remedies, shall institute any proper action or proceedings in the name of the City of Water- loo, Iowa, to prevent such unlawful erection, construction, reconstruction, alteration, re- pair, conversion, maintenance, or use, to re- strain, correct or abate such violation, to pre- vent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business, or use in or about said premises. [Ordinance 3973, 9/27/93] 10-32-4 VALIDITY. Should any section or provision of this Ordinance be declared by a court of compe- tent jurisdiction to be invalid, that decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid. 10-32-5 FEES. [Ordinance 3085, 5/19/80] [Ordinance 3889, 9/14/92] [Ordinance 4630, 8/4/03] Fees pertaining to permits and actions re- quired by this Ordinance shall be in accord- ance with the Schedule of Fees, as adopted by resolution by the City Council. A copy of the Schedule of Fees shall be on file in the office of the City Planner. CHAPTER 33 DUTIES AND RESPONSIBILITIES OF THE CITY PLANNER OR OFFICIAL DESIGNEE [Ordinance 3393, 6/10/85] 10-33-1 INFORMATION TO BE OBTAINED OR MAINTAINED. A. It shall be the responsibility of the City Planner or his or her official de- signee to: [Ordinance 3973, 9/27/93] 205 Page 81 of 85 CHAPTER 33 DUTIES AND RESPONSIBILITIES OF THE CITY PLANNER OR OFFICIAL DESIGNEE 10-33-1 INFORMATION TO BE OBTAINED OR MAINTAINED. 1. Review all flood plain develop- ment permit applications to en- sure that the provisions of this Ordinance will be satisfied. 2. Review all flood plain develop- ment permit applications to en- sure that all necessary permits have been obtained from Federal, State or local governmental agen- cies. 3. Obtain and record the actual ele- vation (in relation to mean Goa fevelNorth American Vertical Da- tum 1988) or the lowest floor (in- cluding basement) of all new or substantially improved structures, whether or not the structure con- tains a basement. 4. For all new substantially im- proved flood -proofed structures: a. Verify and record the actual elevation (in relation to m an a lcvclNorth American Ver- tical Datum 1988); and b. Maintain the flood -proofing certifications required in Sec- tion 10-30-1 (B) (2). 5. Maintain for public information all records pertaining to the provi- sions of this Ordinance. 6. Submit to the Federal Insurance Administrator an annual report concerning the community's par- ticipation in the National Flood Insurance Program. 7. Review subdivision proposals to ensure such proposals are con- sistent with the purpose of this Ordinance and advise the City Council of potential conflicts. 8. Notify adjacent communities and/or counties and the Iowa De- partment of Natural Resources prior to any proposed alteration or relocation of a watercourse and submit evidence of such notifica- tions to the Federal Insurance Administrator. [Ordinance 3973, 9/27/93] 9Notify the Federal Insurance Ad- ministration of any annexations or modifications to the City's bound- aries. 10. Maintain the accuracy of the community's Flood Insurance Rate Maps when; a. Development placed within the Floodway (Overlay) Dis- trict results in any of the fol- lowing: i. An increase in the Base Flood Elevations, or ii. Alteration to the floodway boundary b. Development placed in Zones A, AE, AH, and A1-30 that does not include a designated floodway that will cause a rise of more than one foot in the base elevation; or c. Development relocates or al- ters the channel. 11. Perform site inspections to ensure compliance with the standards of this Ordinance. 12. Forward all requests for Variances to the Board of Adjustment for consideration. Ensure all requests include the information ordinarily submitted with applications as well as any additional information deemed necessary to the Board of Adjustment. 206 Page 82 of 85 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Engineering Department April 29, 2024 AGENDA ITEM TITLE Resolution approving Supplemental Agreement No. 1 with Entrust Solutions Group (Magellan), of Denver, Colorado, in conjunction with the FY 2023 Construction of a Fiber -to -the -Premise Feeder/Distribution and Backbone Network Project, Contract No. 1088, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Addendum No 1 - EN Communications Proposal - City of Waterloo IA - PMCMCI 2024 FINAL Page 83 of 85 (1) Page 84 of 85 ADDENDUM NO. 1 TO THE EN COMMUNICATIONS CONTRACT - CITY OF WATERLOO IA — PROJECT MANAGEMENT, CONSTRUCTION MANAGEMENT, CONSTRUCTION INSPECTION AND ENGINEERING SUPPORT SERVICES 2024 CITY OF WATERLOO, IOWA DATE: April 3, 2024 The following is a revision to the EN COMMUNICATIONS CONTRACT - CITY OF WATERLOO IA — PROJECT MANAGEMENT, CONSTRUCTION MANAGEMENT, CONSTRUCTION INSPECTION AND ENGINEERING SUPPORT SERVICES 2024: o Per the agreement, there will be one (1) Construction Inspector for every four (4) construction crews. o The current number of crews to the number of inspectors has a ratio of 7:1, which requires one (1) additional Construction Inspector to be added to the monthly pricing schedule. o This additional Construction Inspector will be billed at $21,400 per month, from April through December 2024. o An additional $2,000 per month will be added to cover the estimated monthly travel expenses (will be billed as incurred on a not -to -exceed basis) for this inspector. Any revisions to any of the Contract Documents made by this Addendum shall be considered as the same revision to any and all related areas of the Contract Documents not specifically called out in this Addendum. Quentin Hart Mayor of Waterloo, Iowa City of Waterloo ee,„ David Kl i mas Chief Operating Officer EN Engineering, LLC Eric Lage General Manager of Telecommunications Waterloo Fiber Page 1 of 1 Page 85 of 85