HomeMy WebLinkAbout5759-04.29.2024Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo,
IA 50703, (319) 291-4323.
ORDINANCE NO. 5759
AN ORDINANCE AMENDING ORDINANCE NO. 5079, AS AMENDED,
THE CITY OF WATERLOO ZONING ORDINANCE ADOPTED OCTOBER
17, 2011, BY:
INSERTING NEW DEFINITIONS OF "APPURTENANT STRUCTURE",
"BASE FLOOD ELEVATION (BFE)", "FACTORY -BUILT HOME PARK OR
SUBDIVISION, EXISTING", "FACTORY -BUILT HOME PARK OR
SUBDIVISION, EXPANSION OF EXISTING", "FACTORY -BUILT HOME
PARK OR SUBDIVISION, NEW", "FIVE HUNDRED (500) YEAR FLOOD",
"HIGHEST ADJACENT GRADE", "LOWEST ADJACENT GRADE", AND
"MAXIMUM DAMAGE POTENTIAL DEVELOPMENT", TO BE PLACED IN
THEIR PROPER ALPHABETICAL ORDER WITH OTHER DEFINITIONS
ALREADY CONTAINED IN SECTION 10-3-1, DEFINITIONS, OF CHAPTER
3, DEFINITIONS, AND
REPEALING THE DEFINITIONS OF "DEVELOPMENT", "FLOOD",
"FLOOD INSURANCE STUDY (FIS)", "FLOOD PLAIN", "FLOODWAY",
"MEAN SEA LEVEL", "SPECIAL FLOOD HAZARD AREA (SFHA)",
"STRUCTURE", AND "SUBSTANTIAL DAMAGE" OF SECTION 10-3-1,
DEFINITIONS, OF CHAPTER 3, DEFINITIONS; AND ENACTING IN LIEU
THEREOF NEW DEFINITIONS OF "DEVELOPMENT", "FLOOD", "FLOOD
INSURANCE STUDY (FIS)", "FLOOD PLAIN", "FLOODWAY", "SPECIAL
FLOOD HAZARD AREA (SFHA)", "STRUCTURE", AND "SUBSTANTIAL
DAMAGE" OF SAID SECTION 10-3-1 (DEFINITION OF "MEAN SEA
LEVEL" IS REPEALED BUT NOT REPLACED), AND
REPEALING SECTION 10-4-5, ESTABLISHMENT OF OFFICIAL FLOOD
PLAIN ZONING MAP, OF CHAPTER 4, DISTRICT AND BOUNDARIES;
AND ENACTING IN LIEU THEREOF A NEW SECTION 10-4-5,
ESTABLISHMENT OF OFFICIAL FLOOD PLAIN ZONING MAP, AND
REPEALING SUBSECTION C, PERFORMANCE STANDARDS, OF
SECTION 10-22-2, "F-W" FLOODWAY (OVERLAY) DISTRICT, OF
CHAPTER 22, FLOODWAY AND FLOOD PLAIN DISTRICTS; AND
Ordinance No. 5759
Page 2
ENACTING IN LIEU THEREOF A NEW SUBSECTION C, PERFORMANCE
STANDARDS, OF SAID SECTION 10-22-2, AND
REPEALING SUBSECTION A, PERMITTED USES, OF SECTION 10-22-3,
"F-F" FLOOWAY FRINGE (OVERLAY) DISTRICT, OF CHAPTER 22,
FLOODWAY AND FLOOD PLAIN DISTRICTS; AND ENACTING IN LIEU
THEREOF A NEW SUBSECTION A, PERMITTED USES, OF SAID
SECTION 10-22-3, AND
REPEALING THE FIRST UNNUMBERED PARAGRAPH OF SUBSECTION
B, PERFORMANCE STANDARDS, OF SECTION 10-22-3, "F-F"
FLOODWAY FRINGE (OVERLAY) DISTRICT, OF CHAPTER 22,
FLOODWAY AND FLOOD PLAIN DISTRICT; AND ENACTING IN LIEU
THEREOF A NEW FIRST UNNUMBERED PARAGRAPH OF SAID
SUBSECTION B, AND
REPEALING SUBSECTIONS 1, 2, 3, 5, 10, AND 11 OF SUBSECTION B,
PERFORMANCE STANDARDS, OF SECTION 10-22-3, "F-F" FLOODWAY
FRINGE (OVERLAY) DISTRICT, OF CHAPTER 22, FLOODWAY AND
FLOG PLAIN DISTRICTS; AND ENACTING IN LIEU THEREOF NEW
SUBSECTIONS 1, 2, 3, 5, 10 AND 11 OF SAID SUBSECTION B, AND
REPEALING PARAGRAPH c. OF SUBSECTION 13 OF SUBSECTION B,
PERFORMANCE STANDARDS, OF SECTION 10-22-3, "F-F" FLOODWAY
FRINGE (OVERLAY) DISTRICT, OF CHAPTER 22, FLOODWAY AND
FLOOD PLAIN DISTRICTS; AND ENACTING IN LIEU THEREOF A NEW
PARAGRAPH c. OF SAID SUBSECTION 13, AND
INSERTING A NEW PARAGRAPH d. OF SUBSECTION 13 OF
SUBSECTION B, PERFORMANCE STANDARDS, OF SECTION 10-22-3, "F-
F" FLOODWAY FRINGE (OVERLAY) DISTRICT, OF CHAPTER 22,
FLOODWAY AND FLOOD PLAIN DISTRICTS, AND
INSERTING NEW SUBSECTIONS 15 AND 16 OF SUBSECTION B,
PERFORMANCE STANDARDS, OF SECTION 10-22-3, "F-F" FLOODWAY
FRINGE (OVERLAY) DISTRICT, OF CHAPTER 22, FLOODWAY AND
FLOOD PLAIN DISTIRICTS, AND
REPEALING SUBSECTION B, CONDITIONAL USES, OF SECTION 10-22-4,
"F-P" GENERAL FLOOD PLAIN (OVERLAY) DISTRICT, OF CHAPTER 22,
FLOODWAY AND FLOOD PLAIN DISTRICTS; AND ENACTING IN LIEU
THEREOF A NEW SUBSECTION B, CONDITIONAL USES, OF SAID
SECTION 10-22-4, AND
REPEALING SUBSECTION A, PERMITTED USES, OF SECTION 10-22-5,
"S-F" SHALLOW FLOODING (OVERLAY) DISTRICT, OF CHAPTER 22,
Ordinance No. 5759
Page 3
FLOODWAY AND FLOOD PLAIN DISTRICTS; AND ENACTING IN LIEU
THEREOF A NEW SUBSECTION A, PERMITTED USE, OF SAID SECTION
10-22-5, AND
REPEALING SUBSECTION 3 OF SUBSECTION B, PERFORMANCE
STANDARDS, OF SECTION 10-22-5, "S-F" SHALLOW FLOODING
(OVERLAY) DISTRICT, OF CHAPTER 22, FLOODWAY AND FLOOD
PLAIN DISTRICTS; AND ENACTING IN LIEU THEREOF A NEW
SUBSECTION 3 OF SAID SUBSECTION B, AND
REPEALING THE FIRST UNNUMBERED PARAGRAPH OF SUBSECTION
B, FLOOD PLAIN DEVELOPMENT PERMIT, OF SECTION 10-30-1,
PERMITS, OF CHAPTER 30, OTHER PERMITS; AND ENACTING IN LIEU
THEREOF A NEW FIRST UNNUMBERED PARAGRAPH OF SAID
SUBSECTION B, AND
REPEALING PARAGRAPHS c., e., AND f. OF SUBSECTION 1 OF
SUBSECTION B, FLOOD PLAIN DEVELOPMENT PERMIT, OF SECTION
10-30-1, PERMITS, OF CHAPTER 30, OTHER PERMITS; AND ENACTING
IN LIEU THEREOF NEW PARAGRAPHS c., e., AND f. OF SAID
SUBSECTION 1, AND
REPEALING SUBSECTION 3 OF SUBSECTION A OF SECTION 10-33-1,
INFORMATION TO BE OBTAINED OR MAINTAINED, OF CHAPTER 33,
RESPONSIBILITIES OF THE CITY PLANNER OR OFFICIAL DESIGNEE;
AND ENACTING IN LIEU THEREOF A NEW SUBSECTION 3 OF SAID
SUBSECTION A, AND
REPEALING PARAGRAPH a. OF SUBSECTION 4 OF SUBSECTION A OF
SECTION 10-33-1, INFORMATION TO BE OBTAINED OR MAINTAINED,
OF CHAPTER 33, RESPONSIBILITIES OF THE CITY PLANNER OR
OFFICIAL DESIGNEE; AND ENACTING IN LIEU THEREOF A NEW
PARAGRAPH a. OF SAID SUBSECTION 4, AND
INSERTING NEW SUBSECTIONS 10, 11 AND 12 OF SUBSECTION A OF
SECTION 10-33-1, INFORMATION TO BE OBTAINED OR MAINTAINED,
OF CHAPTER 33, RESPONSIBILITIES OF THE CITY PLANNER OR
OFFICIAL DESIGNEE.
BE IT ORDAINED by the City Council of the City of Waterloo that the City of Waterloo
Zoning Ordinance No. 5079, as previously amended, is amended as set out herein, repealing
those sections that are being replaced and setting forth the amendment or replacement sections,
and further amending said Ordinance by adding amendments as set out herein. Said Ordinance,
as amended hereby, shall apply to all lands lying within the corporate limits of the City of
Ordinance No. 5759
Page 4
Waterloo, Black Hawk County, Iowa. This Ordinance shall be in full force and effect after its
final passage and publication as provided by law.
BE IT ORDAINED by the City Council of the City of Waterloo, Iowa:
That Section 10-3-1, Definitions, of Chapter 3, Definitions, is hereby amended to add the
definitions of "Appurtenant Structure", "Base Flood Elevation (BFE)", "Factory -Built Home
Park or Subdivision, Existing", "Factory -Built Home Park or Subdivision, Expansion of
Existing", "Factory -Built Home Park or Subdivision, New", "Five Hundred (500) Year Flood",
"Highest Adjacent Grade", "Lowest Adjacent Grade", and "Maximum Damage Potential
Development", to be placed in their proper alphabetical order with other definitions already
contained in said Section 10-3-1, as follows:
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
principal structure.
Base Flood Elevation (BFE): The elevation floodwaters would reach at a particular site
during the occurrence of a base flood event.
Factory -Built Home Park or Subdivision, Existing: A factory -built home park or
subdivision 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 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).
Factory -Built Home Park or Subdivision, New: A factory -built home park or
subdivision 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.
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.
Highest Adjacent Grade: The highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
Ordinance No. 5759
Page 5
Lowest Adjacent Grade: The lowest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
Maximum Damage Potential Development: Hospitals and like institutions; buildings or
building complexes containing documents, data, or instruments of great public value;
buildings or building complexes containing 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.
That the definitions of "Development", "Flood", "Flood Insurance Study (FIS)", "Flood
Plain", "Floodway", "Mean Sea Level", "Special Flood Hazard Area (SFHA)", "Structure", and
"Substantial Damage" in Section 10-3-1, Definitions, of Chapter 3, Definitions, are hereby
repealed, with the definitions set forth below enacted in lieu thereof (Mean Sea Level is repealed
but not replaced), as follows:
Development: Any man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment or materials.
Flood: A general 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 runoff of surface waters from any source.
Flood Insurance Study (FIS): A report published by FEMA for a community issued
along with the community'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.
Floodplain: Any land area susceptible to being inundated by water as a result of a flood.
Floodway: The channel of a river or stream and those portions of the floodplains
adjoining the channel, which are reasonably required to carry and discharge flood water
or flood flows so that confinement of flood flows to the floodway area will not
cumulatively increase the water surface elevation of the base flood by more than one (1)
foot. [Ordinance 3393, 6/10/85]
Mean Sea Level: Where found in the Ordinance pertaining to flood management, this
shall mean National Geodetic Datum.
Special Flood Hazard Area (SFHA): The land within a community subject to the "base
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 A99.
Ordinance No. 5759
Page 6
Structure: Anything constructed or erected on the ground or attached to the ground,
including, but not limited to, buildings, factories, sheds, cabins, mobile homes, factory
built homes, storage tanks, grain storage facilities and/or other similar uses.
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 fifty (50)
percent of the market value of the structure before the damage occurred. Volunteer labor
and donated materials shall be included in the estimated cost of repair.
That Section 10-4-5, Establishment of Official Flood Plain Zoning Map, of Chapter 4,
District and Boundaries, is hereby repealed in its entirety; and that a new said Section 10-4-5 is
hereby enacted in lieu thereof, as follows:
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 19013C0167F, 0169F, 0186F, 0188F, 0189F, 0282F, 0301F,
0302F, 0306F, 0307F, 0308F, and 0309F 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 contained with the Flood Insurance
Study are also declared to be a part of this Ordinance. [Ordinance 5049, 6/20/11]
That Subsection C, Performance Standards, of Section 10-22-2, "F-W" Floodway
(Overlay) District, of Chapter 22, Floodway and Flood Plain Districts, is hereby repealed in its
entirety; and that a new Subsection C is hereby enacted in lieu thereof, as follows:
C. Performance Standards.
All Floodway District Uses allowed as a Principal Permitted or Conditional Use shall
meet the following standards:
1. No development shall be permitted in the Floodway District that would result in any
increase in the 100 year flood level. Consideration of the effects of any development
on flood levels shall be based upon the assumption that an equal degree of
development would be allowed for similarly situated lands.
2. All 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 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.
Ordinance No. 5759
Page 7
4. Structures, buildings, recreational vehicles, and sanitary and utility systems, if
permitted, shall meet the applicable performance standards of the Floodway Fringe
District and shall be constructed or aligned to present the minimum possible
resistance to flood flows.
5. Structures, if permitted, shall have a low flood damage potential and shall not be for
human habitation.
6. Storage of materials or equipment that are buoyant, flammable, explosive or injurious
to human, animal or plant life is prohibited. Storage of other material may be allowed
if readily removable from the Floodway District within the time available after flood
warning.
7. Watercourse alterations or relocations (channel changes and modifications) must be
designed to maintain the flood carrying capacity within the altered or relocated
portion. In addition, such alterations or relocations 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 protected to prevent rupture due to channel degradation and
meandering or due to the action of flood flows.
That Subsection A, Permitted Uses, of Section 10-22-3, "F-F" Floodway Fringe
(Overlay) District, of Chapter 22, Floodway and Flood Plain Districts, is hereby repealed in its
entirety; and that a new Subsection A is hereby enacted in lieu thereof, as follows:
A. Permitted Uses.
All development within the Floodway 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 ordinance (or underlying zoning district) and provided they
meet applicable performance standards of the Floodway Fringe (Overlay) District.
[Ordinance 5288, 06/15/15]
That the first unnumbered Paragraph of Subsection B, Performance Standards, of Section
10-22-3, "F-F" Floodway Fringe (Overlay) District, of Chapter 22, Floodway and Flood Plain
Districts, is hereby repealed in its entirety; and that a new first unnumbered Paragraph of said
Subsection B is hereby enacted in lieu thereof, as follows:
All development must be consistent with the need to minimize flood damage and shall
meet the following applicable performance standards.
That Subsections 1, 2, 3, 5, 10, and 11 of Subsection B, Performance Standards, of
Section 10-22-3, "F-F" Floodway Fringe (Overly) District, of Chapter 22, Floodway and Flood
Plain Districts, are hereby repealed in their entirety; and that new Subsections 1, 2, 3, 5, 10 and
Ordinance No. 5759
Page 8
11 of said Subsection B are hereby enacted in lieu thereof, as follows, with existing Subsections
not noted remaining unchanged:
1. All development shall (1) be designed and adequately anchored (including factory
built homes) to prevent flotation, collapse or lateral movement of the structure, (2) be
constructed with materials and utility equipment resistant to flood damage, and (3) be
constructed by methods and practices that minimize flood damage.
2. Residential structures - All new or substantially improved residential structures shall
have the lowest floor, including basements, elevated 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 structure erected thereon. Alternate
methods of elevating (such as piers) may be allowed subject to favorable
consideration by the Board of Adjustment and issuance of a Special Exception Permit
where existing topography, street grades, or other factors preclude elevating by fill.
In such cases, the methods used must be adequate to support the structure as well as
withstand the various forces and hazards associated with flooding. All new residential
structures shall be provided with a means of access which will be passable by
wheeled vehicles during the 100 year flood. [Ordinance 3487, 6/15/871 [Ordinance
5049, 6/20/111
3. Non-residential structures - All new or substantially improved non-residential
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 registered 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 associated with the 100 year
flood; and that the structure below the 100 year flood level is watertight with walls
substantially impermeable to the passage of water. A record of the certification
indicating the specific elevation (in relation to North American Vertical Datum 1988)
to which any structures are flood -proofed shall be maintained by the City Planner or
designee.
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 must be met
and adequate surface drainage and access for a hauler must be provided. [Ordinance
5049, 6/20/111
10. Watercourse alterations or relocations must be designed to maintain the flood
carrying capacity within the altered or relocated portion. In addition, the Iowa
Department of Natural Resources (IDNR) must approve such alterations or
relocations.
Ordinance No. 5759
Page 9
11. Detached garages, sheds, and similar structures that are incidental to a residential use
are exempt from the 100 year flood elevation requirements where the following
criteria are satisfied:
a. The structure shall be designed to have low flood damage potential. Its size shall
not exceed six hundred (600) square feet. Those portions 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 used solely for low flood damage potential purposes such as
vehicle parking and limited storage. 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 anchored to prevent flotation, collapse, 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.
f. The structure's wall shall include openings that satisfy the provisions of
subparagraph 13 herein.
Exemption from the base flood elevation requirements for such a structure may result
in increased premium rates for flood insurance coverage of the structure and its
contents. A professional engineer licensed in the State of Iowa shall certify that these
requirements are met. [Ordinance 5049, 6/20/111
That Paragraph c. of Subsection 13 of Subsection B, Performance Standards, of Section
10-22-3, "F-F" Floodway Fringe (Overly) District, of Chapter 22, Floodway and Flood Plain
Districts, is hereby repealed in its entirety; and that a new Paragraph c. of said Subsection 13 is
hereby enacted in lieu thereof, as follows:
c. New and substantially improved structures must be constructed with electrical
meter, electrical service panel box, hot water heater, heating, air conditioning,
ventilation equipment (including ductwork), 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.
That a new paragraph d. of Subsection 13 of Subsection B, Performance Standards, of
Section 10-22-3, "F-F" Floodway Fringe (Overlay) District, of Chapter 22, Floodway and Flood
Plain Districts, is hereby created, as follows:
d. New and substantially improved structures shall be constructed with plumbing,
gas lines, water/gas meters and other similar service utilities either elevated (or in
the case of non-residential structures, optionally floodproofed to) a minimum of 1
foot above the base flood elevation or designed to be watertight and withstand
inundation to such a level.
Ordinance No. 5759
Page 10
That new Subsections 15 and 16 of Subsection B, Performance Standards, of Section 10-
22-3, "F-F" Floodway Fringe (Overlay) District, of Chapter 22, Floodway and Flood Plain
Districts, are hereby created, as follows:
15. Pipeline river and stream crossings shall be buried in the streambed and banks, or
otherwise sufficiently protected to prevent rupture due to channel degradation and
meandering.
16. All new or substantially improved maximum damage potential development shall have
the lowest floor (including basement) elevated a minimum 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 professional engineer
registered in the State of Iowa shall certify that the floodproofing methods used are
adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and
other factors associated with the 0.2% annual chance flood; and that the structure, below
the 0.2% annual chance flood elevation is watertight with walls substantial impermeable
to the passage of water. A record 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 Planner or designee. Where 0.2% chance
flood elevation data has not been provided in the Flood Insurance Study, the Iowa
Department of Natural Resources shall be contacted to compute such data. The applicant
will be responsible for providing the Department of Natural Resources with sufficient
technical information to make such determinations.
That Subsection B, Conditional Uses, of Section 10-22-4, "F-P" General Flood Plain
(Overlay) District, of Chapter 22, Floodway and Flood Plain Districts, is hereby repealed in its
entirety; and that a new Subsection B of said Section 10-22-4 is hereby enacted in lieu thereof, as
follows:
B. Conditional Uses.
Any development which involves placement of structures, factory built homes, fill or
other obstructions; the storage of materials 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 development may increase the 100 year elevation
more than one (1) foot. The applicant shall be responsible for providing the Iowa
Department of Natural Resources (IDNR) with sufficient technical information to make
the determination. [Ordinance 5049, 6/20/11] [Ordinance 5288, 06/15/151
That Subsection A, Permitted Uses, of Section 10-22-5, "S-F" Shallow Flooding
(Overlay) District, of Chapter 22, Floodway and Flood Plain Districts, is hereby repealed in its
Ordinance No. 5759
Page 11
entirety; and that a new Subsection A of said Section 10-22-5 is hereby enacted in lieu thereof, as
follows:
A. Permitted Uses.
All 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 ordinance (or underlying zoning district) and
provided they meet the applicable performance standards of the Shallow Flooding
(Overlay) District. [Ordinance 5288, 06/15/15J
That Subsection 3 of Subsection B, Performance Standards, of Section 10-22-5, "S-F"
Shallow Flooding (Overlay) District, of Chapter 22, Floodway and Flood Plain Districts, is
hereby repealed in its entirety; and that a new Subsection 3 of said Subsection B is hereby
enacted in lieu thereof, as follows:
3. In shallow flooding areas designated as either an AO or AH zone on the Flood
Insurance Rate Map, drainage paths are required around structures on slopes to
adequately guide floodwaters around and away from proposed structures.
[Ordinance 5049, 6/20/11]
That the first unnumbered Paragraph of Subsection B, Flood Plain Development Permit,
of Section 10-30-1, Permits, of Chapter 30, Other Permits, is hereby repealed in its entirety; and
that a new first unnumbered Paragraph of said Subsection B is hereby enacted in lieu thereof, as
follows:
A Flood Plain Development Permit issued by the City Planner or designee shall be
secured prior to initiation of any flood plain development (any manmade change to
improved and unimproved real estate, including but not limited to buildings or other
structures, mining, filling, grading, paving, storage of materials or equipment, excavation
or drilling operations), including the placement of factory -built homes. [Ordinance 5049,
6/20/11 J
That Subsections c., e., and f. of Subsection 1 of Subsection B, Flood Plain Development
Permit, of Section 10-30-1, Permits, of Chapter 30, Other Permits, are hereby repealed in their
entirety; and that new Subsections c., e., and f. of said Subsection 1 are hereby enacted in lieu
thereof, as follows, with existing Subsections not noted remaining unchanged:
c. Indication of the use or occupancy for which the proposed work is intended.
Location and dimensions of all structures and additions.
e. Elevation (in relation to North American Vertical Datum 1988) of the lowest
floor (including basement) of structures or of the level to which a structure is
to be floodproofed.
Ordinance No. 5759
Page 12
f. For structures being improved or rebuilt, the estimated cost of improvements
and market value of the structures prior to the improvements.
That Subsection 3 of Subsection A of Section 10-33-1, Information to be Obtained or
Maintained, of Chapter 33, Responsibilities of the City Planner or Official Designee, is hereby
repealed in its entirety; and that a new Subsection 3 of said Subsection A is hereby enacted in
lieu thereof, as follows:
3. Obtain and record the actual elevation (in relation to North American Vertical Datum
1988) or the lowest floor (including basement) of all new or substantially improved
structures, whether or not the structure contains a basement.
That Paragraph a. of Subsection 4 of Subsection A of Section 10-33-1, Information to be
Obtained or Maintained, of Chapter 33, Responsibilities of the City Planner or Official Designee,
is hereby repealed in its entirety; and that a new Paragraph a. of said Subsection 4 is hereby
enacted in lieu thereof, as follows:
a. Verify and record the actual elevation (in relation to North American Vertical
Datum 1988); and
That new Subsections 10, 11 and 12 of Subsection A of Section 10-33-1, Information to
be Obtained or Maintained, of Chapter 33, Responsibilities of the City Planner or Official
Designee, are hereby created, as follows:
10. Maintain the accuracy of the community's Flood Insurance Rate Maps when;
a. Development placed within the Floodway (Overlay) District results in any of the
following:
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 alters 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.
INTRODUCED:
PASSED 1st CONSIDERATION:
PASSED 2nd CONSIDERATION:
PASSED 3rd CONSIDERATION:
April 29, 2024
April 29, 2024
April 29, 2024
Ordinance No. 5759
Page 13
PASSED AND ADOPTED this 29th day of April 2024.
ATTEST:
XeCCey Felchle
Kelley Felchle, City Clerk
62uerc�irc �rr�
Quentin Hart, Mayor
CERTIFICATE
I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the
preceding is a true and complete copy of Ordinance No. 5759 as passed and adopted by the
Council of the City of Waterloo, Iowa, on the 29th day of April 2024.
SEAL
Witness my hand and seal of office this 29th day of April 2024.
XeCCey FeCchCe
Kelley Felchle, City Clerk