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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HAZARD AREA (SFHA)", "STRUCTURE", AND "SUBSTANTIAL DAMAGE" OF SAID SECTION 10-3-1 (DEFINITION OF "MEAN SEA LEVEL" IS REPEALED BUT NOT REPLACED), AND REPEALING SECTION 10-4-5, ESTABLISHMENT OF OFFICIAL FLOOD PLAIN ZONING MAP, OF CHAPTER 4, DISTRICT AND BOUNDARIES; AND ENACTING IN LIEU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 THE COURIER AFFIDAVIT OF PUBLICATION Waterloo -Cedar Falls Courier 6915 Chancellor Drive Cedar Falls 50613 (319) 291-1400 State of New Jersey, County of Hudson, ss: Yuade Moore, being first duly sworn, deposes and says: That (s)he is a duly authorized signatory of Column Software, PBC, duly authorized agent of Waterloo -Cedar Falls Courier, a publication that is a "legal newspaper" as that phrase is defined for the city of Cedar Falls, for the County of Black Hawk, in the state of Iowa, that this affidavit is Page 1 of 1 with the full text of the sworn -to notice set forth on the pages that follow, and that the attachment hereto contains the correct copy of what was published in said legal newspaper in consecutive issues on the following dates: PUBLICATION DATES: May. 4, 2024 NOTICE ID: KuomVaUTo9nXWGYtv6jX PUBLISHER ID: COL-IA-600275 NOTICE NAME: 5759 Ordinance Summary Publication Fee: $64.88 (Signed)L3C'O,. VERIFICATION State of New Jersey County of Hudson SHANNEA H HOLMES NOTARY PUBLIC STATE OF NEW JERSEY My Commission Expires August 1, 2026 Subscribed in my presence and sworn to before me on this: 05/06/20: Notary Public Notarized remotely online using communication technology via Pr 4 of. SUMMARY OF ORDINANCE NO. 5754 ADOPTED ON APRIL 29, 2024 BY THE WATERLOO CITY COUNCIL AS AMENDMENTS TO THE ZONING ORDINANCE OF THE CITY OF WATERLOO, IOWA BY AMENDING SELECTED CHAPTERS OF TITLE 10, ZONING This is a summary of amendments to the Zoning Ordinance of the City of Waterloo. Iowa (referred to below as the 'Ordinance"), which is set forth In Title 10 o1 the Waterloo Code of Or- dinances: The overall purpose of the amend- ments was to implement changes to the flocdplaln regulations of the Ordinance. Various new definitions were added, and certain existing defi- nitions w ised or deleted. An updated Flood Insurance Rate Map (FIRM) was added to the Ordinance as the Official Floodplain Zoning Map. Nan -substantive revisions In the man- ner of language updates were made to the permitted uses and performance standards for the "FAN" Floodway (Overlay") District, "F-F" Floodway Fringe (Overlay) District,'F-P" General Floodplain (Overtay) DLstrlol, and 5-F" Shallow Flooding (Overlay) District. Performance standards for the -F-F" Floodway Fringe (Overlay) District were revised to provide for lcwa ONR approval of watercourse alterations or relocations, which must be designed to maintain the flood carrying capacity within the portion altered or relocated. In this same district revisions were made to the criteria to obtain exemp- tion from the 100-year flood elevation requirements for detached garages that are incidental to a residential use. These Include square -footage limitations, c onstruction materials requirements, use restrictions, and requirements for openings to allow water flow. Further; electrical, heating, air conditioning, and other srvice equipment must be elevated at least one toot above the base flood eleva- tion. Requirements are now stated for burial or protection of pipeline riv- er and stream crossings. Also added are new regulations for elevation and floodproo0ng of new substantially improved maximum damage potential development, with requirements for professional engineer certification of flocdproofing methads. Foodpiarn development permit regu- lations were changed to add storage of materials or equipment as types of manmade change for which a permit is necessary. The permit application must also now state the location and dimensions of all structures and ad- dlllans. Under the duties and responsibilities of the City Planner or designee, ref - es to mean sea level have been replaced with North American Vertical Datum 1980. Duties were also added for maintaining the Flood Insurance Rate Maps under stated circumstanc- es, performing site Inspections for compliance purposes, and handling of requests for variances with the Board of Adjustment. The above Is only a summary of the Ordinance amendments and not the complete text of the Ordinance amendments. There are many details and specific terms, conditions, and re- quirements that have not been provid- ed In this summary. Questions should be directed to the office of the City Planner. The Ordinance amendments may be Inspected in their entirety at the office of the City Planner, 715WI- berry Street, 2nd Floor, Waterloo, Iowa 50703, from Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. The amended Ordinance will become effective upon publication of this sum- mary COL4A-500275 5759 Ordinance Summary - Page 1 of 1