Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this chapter shall be guilty of a municipal infraction and subject to punishment as provided in section 1-9.

(Ord. No. 2922, § 1(29-31), 5-7-2018)

The department of community development is hereby designated and ordered to enforce this chapter. In case any building or structure is erected, constructed, reconstructed, altered, repaired, moved, converted or maintained, or any building, structure or land is used in violation of this chapter, the department, in addition to other remedies, shall institute any proper action or proceedings in the name of the city to prevent such unlawful erection, moving, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of the building, structure or land, or to prevent any illegal act, conduct of business or use in or about the premises.

(Ord. No. 2922, § 1(29-32), 5-7-2018)

(a)

No land shall be occupied or used, and no building hereafter erected or structurally altered shall be occupied or used in whole or in part for any purpose whatsoever, until a certificate is issued by the department of community development stating that the building and use comply with the provisions of this chapter. No change of use shall be made in any building or part thereof erected or structurally altered without an occupancy permit being issued therefor by the department. No occupancy permit shall be issued to make a change unless the changes are in conformity with the provisions of this chapter, and a certificate issued as provided in this subsection.

(b)

Nothing in this section shall prevent the continuance of a nonconforming use as authorized in this chapter, unless a discontinuance is necessary for the safety of life or property.

(c)

Certificates for occupancy and compliance shall be applied for coincidentally with the application for a building permit and shall be issued within ten days after the lawful erection or alteration of the building is completed. A record of all certificates shall be kept on file in the office of the department, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.

(d)

No permit for excavation for or the erection or alteration of any building shall be issued before the application has been made for certificate of compliance and application has been made for certificate of occupancy, and no building or premises shall be occupied until that occupancy certificate and permit are issued.

(e)

A certificate of occupancy shall be required of all nonconforming uses. Application for a certificate of occupancy for nonconforming uses shall be filed within 12 months from the effective date of this Ordinance No. 1633, accompanied by affidavits of proof that such nonconforming use was not established in violation of Ordinance No. 855 or amendments thereto.

(Ord. No. 2922, § 1(29-33), 5-7-2018)

(a)

A floodplain development permit issued by the zoning administrator shall be secured prior to initiation of any floodplain development. Application for a floodplain development permit shall be made on forms supplied by the zoning administrator and shall include the following information:

(1)

A description of the work to be covered by the permit for which application is to be made.

(2)

A description of the land on which the proposed work is to be done, i.e., lot, block, tract, street address or similar description that will readily identify and locate the work to be done.

(3)

Location and dimensions of all structures and additions

(4)

An indication of the use or occupancy for which the proposed work is intended.

(5)

The elevations of the 100-year (one percent) and 500-year (0.2 percent) flood.

(6)

The elevation, in relation to the North American Vertical Datum of 1988 (NAVD), of the lowest floor, including basement, of structures or of the level to which a structure is to be floodproofed.

(7)

For structures being improved or rebuilt, the estimated cost of improvements and fair market value of the structure prior to the improvements.

(8)

Such other information as the administrator deems reasonably necessary for the purpose of this chapter.

(b)

Floodplain development permits issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in such approved plans and applications and no other use, arrangement or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter and shall be punishable as provided in this chapter. The applicant shall be required to submit certification by a professional engineer or land surveyor, as appropriate, registered in the state, that the finished fill, building floor elevations, floodproofing or other flood protection measures were accomplished in compliance with the provisions of this chapter prior to the use or occupancy of any structure.

(c)

All development or structures in the floodway, floodway fringe and general floodplain districts requiring special exception permits shall be allowed only upon application to the zoning administrator with issuance of the special exception 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 adjustment. Where required, approval of the state department of natural resources shall precede issuance of the special exception permit by the board of adjustment.

(d)

The zoning administrator shall, within a reasonable time, make a determination as to whether the proposed floodplain development meets the applicable provisions and standards of this chapter, and shall approve or disapprove the application. In case of disapproval, the applicant shall be informed, in writing, of a specific reason therefor. The zoning administrator shall not issue permits for special exception permits or variances except as directed by the board of adjustment.

(Ord. No. 2922, § 1(29-34), 5-7-2018; Ord. No. 3051, § 2, 4-15-2024)

(a)

The board of adjustment may authorize, upon request, in specific cases, such variances from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship. Variances granted must meet the following applicable standards:

(1)

No variance shall be granted for any development within the floodway district which would result in any increase in floods during the occurrence of the 500-year flood. 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)

Variances shall only be granted upon:

a.

A showing of good and sufficient cause;

b.

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

c.

A determination that the granting of the variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, or cause fraud on or victimization of the public.

(3)

Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(4)

In cases where the variance involves a lower level of flood protection for structures than what is ordinarily required by this chapter, the applicant shall be notified in writing over the signature of the zoning administrator that:

a.

The issuance of a variance will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and

b.

Such construction increases risk to life and property.

(5)

All variances granted shall have the concurrence or approval of the state department of natural resources.

(b)

In passing upon applications for special exception permits or requests for variances, the board shall consider all relevant factors specified in other sections of this chapter and:

(1)

The danger to life and property due to increased flood heights or velocities caused by encroachments.

(2)

The danger that materials may be swept onto other lands or downstream to the injury of others.

(3)

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

(4)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

(5)

The importance of the services provided by the proposed facility to the community.

(6)

The requirements of the facility for a floodplain location.

(7)

The availability of alternative locations not subject to flooding for the proposed use.

(8)

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

(9)

The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

(10)

The safety of access to the property in times of flood for ordinary and emergency vehicles.

(11)

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwater expected at the site.

(12)

Such other factors which are relevant to the purpose of this chapter.

(c)

Upon consideration of the factors listed in subsection (b) of this section, the board may attach such conditions to the granting of special exception permits or variances as it deems necessary to further the purpose of this chapter. Such conditions may include, but not necessarily be limited to:

(1)

Modification of waste disposal and water supply facilities.

(2)

Limitation on periods of use and operation.

(3)

Imposition of operational controls, sureties, and deed restrictions.

(4)

Requirements for construction of channel modifications, dikes, levees, and other protective measures, provided such are approved by the state department of natural resources and are deemed the only practical alternative for achieving the purposes of this chapter.

(5)

Floodproofing measures shall be designed consistent with the flood protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The board of adjustment shall require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. Such floodproofing measures may include, but are not necessarily limited to, the following:

a.

Anchorage to resist flotation and lateral movement.

b.

Installation of watertight doors, bulkheads and shutters, or similar methods of construction.

c.

Reinforcement of walls to resist water pressures.

d.

Use of paints, membranes, or mortars to reduce seepage of water through walls.

e.

Addition of mass or weight structures to resist flotation.

f.

Installation of pumps to lower water levels in structures.

g.

Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters.

(6)

Pumping facilities or comparable practices for subsurface drainage systems for structures to relieve external foundation wall and basement flood pressures.

(7)

Construction to resist rupture or collapse caused by water pressure or floating debris.

(8)

Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and stormwaters into the buildings or structures.

(9)

Location of all electrical equipment, circuits and installed electrical appliances in a manner which will ensure that they are not subject to flooding.

(Ord. No. 2922, § 1(29-35), 5-7-2018; Ord. No. 3051, § 3, 4-15-2024)

For development requiring state department of natural resources approval, such approval shall be obtained in writing and provided to the board of adjustment prior to issuance of a special exception permit.

(Ord. No. 2922, § 1(29-36), 5-7-2018; Ord. No. 3051, § 4, 4-15-2024)

It shall be the responsibility of the zoning administrator or his official designee to:

(1)

Review all floodplain development permit applications to ensure that the provisions of this chapter will be satisfied.

(2)

Review all floodplain development permit applications to ensure that all necessary permits have been obtained from federal, state or local governmental agencies.

(3)

Obtain and record the actual elevation, in relation to the North American Vertical Datum of 1988 (NAVD), of the lowest floor, including basement, of all new or substantially improved structures, and whether or not the structure contains a basement.

(4)

For all new or substantially improved floodproofed structures:

a.

Verify and record the actual elevation, in relation to the North American Vertical Datum of 1988 (NAVD); and

b.

Maintain the floodproofing certifications required in subsection 26-30(b).

(5)

Maintain for public information all records pertaining to the provisions of this chapter.

(6)

Submit to the Federal Insurance Administrator an annual report concerning the community's participation in the National Flood Insurance Program.

(7)

Review subdivision proposals to ensure that such proposals minimize flood damage, provide adequate drainage and are consistent with the purpose of this chapter, and advise the city council or potential conflicts.

(8)

Notify adjacent communities and counties and the state department of natural resources prior to any proposed alteration or relocation of a watercourse, and submit evidence of such notifications to the Federal Insurance Administration.

(9)

Notify the Federal Insurance Administration of any annexations or modifications to the city's boundaries.

(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.

Within six months of the completion of the development, the applicant shall submit to FEMA all scientific and technical data necessary for a letter of map revision.

(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.

(Ord. No. 2922, § 1(29-37), 5-7-2018; Ord. No. 3051, § 5, 4-15-2024; Ord. No. 3051, § 5, 4-15-2024)

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes. Larger floods may occur on rare occasions, or the flood height may be increased by manmade or natural causes such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside of the floodway, floodway fringe and general floodplain districts or land uses permitted within those districts will be free from flooding or flood damages. The granting of approval of any structure or use shall not constitute a representation, guarantee or warranty of any kind or nature by the city or the board of adjustment, or by any officer or employee thereof, of the practicality or safety of any structure or use proposed, and shall create no liability upon or cause action against any such body, officer or employee for any damage that may result pursuant thereto.

(Ord. No. 2922, § 1(29-38), 5-7-2018)

The flood insurance rate map (FIRM) for Black Hawk County and incorporated areas, City of Cedar Falls, panels 19013C0145G, 19013C0153G, 19013C0154G, 19013C0158G, 19013C0161G, 19013C0162G, 19013C0163G, 19013C0164G, 19013C0166G, 19013C0168G, 19013C0260G, 19013C0276G, 19013C0277G, 19013C0278G, 19013C0279G, 19013C0281G, 19013C0282F, and 19013C0283G, effective dated May 8, 2024, which were prepared as part of the flood insurance study for Black Hawk County, are hereby adopted by reference and declared to be the official floodplain zoning map. The flood profiles and all explanatory material contained within the flood insurance study are also declared to be a part of this chapter.

(Ord. No. 2922, § 1(29-39), 5-7-2018; Ord. No. 3051, § 6, 4-15-2024)

(a)

Applicability. The zoning administrator shall review and decide upon applications for the following administrative reviews and code adjustments in consultation with the zoning review committee(ZRC) and/or the staff technical review committee, as applicable. Some of these processes have additional review and approval requirements; a cross-reference to those requirements is provided in the right column.

(b)

Application completeness review.

(1)

Applications shall not be processed until all materials have been submitted and are deemed sufficient in form and content such that recommendations, as required, and a decision may be made on the application by the zoning administrator, or other decision-making body, as specified in this chapter. The zoning administrator shall determine application sufficiency.

(2)

If an application is deemed insufficient, the zoning administrator shall inform the applicant of the specific submittal requirements that have not been met. The zoning administrator may provide notice in writing, electronically, or in conversation with the applicant.

(3)

If an application is deemed insufficient, the applicant must resolve and resubmit the materials required to complete the application within 30 days of the date informed of the insufficiency of the application.

a.

An insufficient application that has not been revised to meet the completeness requirements shall expire on the 30 ^th day. An expired application shall be returned to the applicant along with any original documents submitted in support of the application.

b.

The city, at its discretion, may retain the application fee paid. Once an application has expired, the application must be resubmitted in full, including application fee.

(c)

Review, referral, and recommendation.

(1)

Upon submission of an application, the zoning administrator shall review the application and accompanying documentation to determine whether the information included in the application is sufficient to evaluate the application against the approval criteria of the procedure or permit requested.

(2)

The zoning administrator may refer any application to the zoning review committee (ZRC) or technical review committee (TRC) for review and recommendation.

(d)

Review and decision-making.

(1)

The zoning administrator shall review the application for conformance with all applicable provisions of this chapter.

(2)

To be approved, an application shall be fully consistent with the standards of this chapter unless a minor adjustment is concurrently approved to allow specified deviation from applicable standards. An administrative approval may include instructions and clarifications regarding compliance with this Code, but shall not be approved with conditions that require action beyond the specific requirements of the City Code of Ordinances.

(3)

The zoning administrator shall approve or deny the application and provide written notification of the decision to the applicant. If an application is denied, the written notification shall include the reasons for denial.

(e)

Appeal. Administrative determinations are appealable pursuant to section 26-62.

(Ord. No. 2994, § 1, 11-1-2021)

(a)

Applicability. The purpose of this section is to set forth the procedures and criteria for review and approval of site plans. Site plans are technical documents that illustrate how the structure(s), layout of an area, and proposed uses meet the requirements of this chapter and any other applicable ordinances, standards, regulations, and with all previously approved plans applicable to the property.

(b)

Authority. A site plan is required for:

(1)

Character districts.

a.

Any application for development in a character district.

b.

All requests for structures, architectural elements or accessory structures (front porch, front yard fence) at or forward of the required building line, and accessory or temporary uses; however, for minor accessory structures not located forward of the required building line, such as sheds, fences, or decks, the site plan shall only be required to show the location of the proposed structure or addition in relation to property boundaries, required setbacks, easements, and terrain changes as more fully detailed in this Code;

(2)

Traditional zone districts.

a.

Any application for a commercial, industrial, institutional, or multi-unit dwelling project;

b.

Any application for development requiring site plan review as set forth elsewhere in this chapter.

(c)

Application procedures.

(1)

A pre-application meeting with the zoning review committee (ZRC) is required prior to the submission of a site plan application for development in a character district. Pre-application meetings are optional and encouraged for all other applications.

(2)

The applicant shall submit the site plan application to the planning and community services division. Application submittal deadlines and requirements shall be established on submittal forms available from the planning and community services division and on the city's website.

(d)

Decision criteria. The site plan shall be reviewed against the following criteria:

(1)

The site plan is consistent with all applicable adopted plans and policies;

(2)

The site plan is consistent with any prior approvals, including any conditions that may have been placed on such approvals; and

(3)

The site plan conforms with all applicable requirements of the Code of Ordinances, or with all applicable requirements as modified by a request for a minor adjustment.

(e)

Limitation of approval. Zoning administrator approval of a site plan does not in any way imply approval by any other city department.

(f)

Effect.

(1)

Approved site plans shall be binding upon the property owner(s) and their successors and assigns.

(2)

No permit shall be issued for any building, structure, or use that does not conform to an approved site plan.

(3)

No building, structure, use or other element of the approved site plan shall be modified without amending the site plan, unless it is determined by the city that such modification will not require an amended site plan.

(4)

All buildings, structures and uses shall remain in conformance with the approved site plan or be subject to enforcement action.

(g)

Post-approval actions.

(1)

Expiration.

a.

Approved site plans shall expire one year after approval if a building permit has not been issued, or the approved use established. In the event that the documents expire due to the passage of this time period, new site plan review documents must be submitted for approval in the same manner as an original application for development review.

b.

An extension not to exceed one year may be granted by the Zoning Administrator.

(2)

Modifications to site plans. The holder of an approved site plan may request an adjustment to the document, or the conditions of approval, by submitting either an application for minor adjustment or an amended site plan, whichever is appropriate, to the zoning administrator. An amended site plan shall be filed and processed in accordance with the procedures for an initial site plan submittal.

(Ord. No. 2994, § 1, 11-1-2021)

(a)

Applicability.

(1)

Purpose. To encourage redevelopment, continuing property investment, and infill development, it may be necessary to determine site appropriate adjustments to applicable development standards that will allow the development to take place while applying proportional development standards. This section identifies the process for determining specific site compliance with a proportionate standard.

(2)

No new or increased noncompliance. Any redevelopment of a structure or site shall be designed to either increase conformance with this Code or, at a minimum, not increase an existing nonconformity. Redevelopment shall not establish new nonconformity(ies) with this Code, regardless of the applicability of this section.

(3)

Development standards in character districts. A request for proportionate compliance is limited to character district development standards listed in Table 26-38.1.

(4)

Required parking. The standards of section 26-196, Character District Parking and Loading, shall apply for any new use, change of use, or expansion of a current use within a character district, and are not subject to adjustment through proportionate compliance.

(b)

Calculating proportionate compliance.

(1)

Requests for proportionate compliance shall be made through section 26-37, Site Plan.

(2)

Proportionate compliance for standards applicable to a specific development or structure type may be requested for development changes listed in Table 26-38.1 according to section 26-38(e), below.

a.

Standards that must be fully complied with are marked with an "X."

b.

Standards that will be applied to the maximum extent practicable based on a site-specific determination are marked with an "S."

(3)

Applicants shall clearly label all requested adjustments and identify the applicable standard in this section that allows the proposed adjustment.

Table 26-38.1: Proportionate Compliance

(c)

Measuring required compliance.

(1)

New development. New development shall comply fully with the applicable development standards.

(2)

Facade changes. Where development changes are limited to the facade of a structure, the following standards shall apply:

a.

Maintenance or minimal change. Normal maintenance and facade changes that do not qualify as major changes shall not be required to comply with the qualified development standards. Individual facade element changes shall be made in compliance with applicable Elements and Architectural development standards applicable to that individual element to the maximum extent possible.

b.

Major facade changes. Facade changes that include any of the following are considered major changes and the facade shall be brought into full compliance with the elements and architectural development standards:

1.

Removing or changing architectural detailing that is consistent with and integral to the style and period of the building;

2.

Changing or adding architectural detailing that is inconsistent with the standards of this Code;

3.

Change to more than 50 percent of the surface area of the facade, measured by including all openings such as doors and windows;

4.

Altering, closing, or covering windows, doors, or transoms; or

5.

Any roof or wall structure reframing, including adding fenestration.

(3)

Redevelopment.

a.

Minimal change. Redevelopment that changes or increases the total gross floor area of a structure within the range identified in Table 26-38.1, as determined by the building permit application, shall comply with the standards identified in Row A as applicable to development with minimal change.

b.

Proportionate change. Redevelopment that changes or increases the total gross floor area of a structure within the range identified in Table 26-38.1, as determined by the building permit application, shall comply with the standards identified in Row B as applicable to development with proportionate change.

c.

Full compliance. Redevelopment that changes or increases the total gross floor area of a structure within the range identified in Table 26-38.1, as determined by the building permit application, shall be required to fully comply with these standards.

d.

Measurement is based on changes to an individual structure that is subject to improvements, regardless of the total number of structures on the site.

(4)

Expansion of parking area. Expansion of a parking area is defined as the addition of any parking spaces or the restriping or reconfiguration of more than 50 percent of the surface area of an existing parking area.

(d)

Ten-year timeframe. Any application by property owners to expand or replace part of an existing structure shall remain on record for ten years from the date of work completion. Any subsequent application to expand or replace part of an existing structure shall be cumulative to any requests made within the previous ten years. The total shall be used by the city to determine the property owner's necessary level of compliance.

(Ord. No. 2994, § 1, 11-1-2021)

(a)

Applicability.

(1)

A minor adjustment allows the modification of an existing numeric dimensional standard in a character district to accommodate:

a.

Anticipatory site-specific issues, or

b.

Minor construction issues.

(2)

Minor adjustments are applicable to new development, redevelopment, and major facade changes.

(3)

A minor adjustment may be requested either as part of an original application or as a modification to an existing approval.

(b)

Procedures.

(1)

Application. Applications for minor adjustments shall be submitted on forms required by the city. Supporting materials must be submitted as specified on the application form.

(2)

Specific procedures. All applications for minor adjustment shall identify the specific issue that the minor adjustment is intended to address and how the minor adjustment will resolve that issue:

a.

A request for minor adjustment prior to issuance of a building permit shall be submitted with the project site plan application.

b.

A request for minor adjustment to address a minor construction issue shall be submitted with the approved project site plan, a written description of the minor construction issue, and an amended drawing of that part of the site for which the minor adjustment is requested.

(c)

Permitted type and scope of minor adjustments.

(1)

Specific building form standards. The zoning administrator, after consulting with the ZRC, may grant minor adjustments as necessary up to the following maximum adjustments:

a.

Height.

1.

Minimum and maximum height—up to five percent for any cumulative increase or decrease in building height.

2.

Street wall/fence requirements—up to ten percent.

3.

Finished ground floor elevation—up to five percent; upper floor elevation(s) shall be adjusted accordingly.

4.

Finished ground floor elevation, flood hazard area—minor adjustments to finished ground floor elevation requirements necessary to meet lowest floor elevation requirements according to the applicable floodplain regulations. Upper floor elevation(s) shall be adjusted accordingly. The zoning administrator does not have the authority to issue permits for special exceptions or variances to flood hazard regulations.

5.

When the finished ground floor elevation is not subject to adjustment, upper floor finished elevation(s) may be adjusted up to one foot.

b.

Placement.

1.

Required building line (RBL)—adjust forward up to six inches; may not encroach into the public right-of-way.

2.

Required building line minimum percentage built-to—reduction of up to five percent of required length.

3.

Parking setback line—move forward up to six feet; provided, the parking setback line remains separated at least 20 feet from the RBL.

4.

Mezzanine floor area—up to ten percent additional area.

5.

Street wall requirements—up to ten percent of the height/fenestration/access gate requirements.

6.

Entrances (maximum average spacing)—up to ten percent increase in spacing.

c.

Elements.

1.

Fenestration (minimum and maximum percent)—up to five percent.

2.

Other elements (minimum and maximum projections)—up to five percent.

(2)

Approval of equivalent or better synthetic materials.

a.

Reflecting that the technology and production of building materials is constantly changing, an applicant may request that a material be added to the applicable approved materials list, provided:

1.

The material is not included in the applicable prohibited materials list; and

2.

The proposed material is similar to a permitted material and is equal to or better than the permitted material in terms of quality, maintenance, and durability as shown by the manufacturer's specifications and industry studies. For example, a new generation of cementitious fiber siding may be substituted for wood clapboard siding.

b.

The zoning administrator shall maintain a list of approved materials. Materials included on the approved list may be used for later projects without further ZRC review.

(3)

Non-alley curb cut. If vehicular access to a rear alley or private rear drive is not available, an applicant may request a minor adjustment to permit driveway access directly from a public street. Shared access or cross access with abutting lots may be required and any driveway spacing requirements shall apply. The width and location of the driveway access point shall be determined by the zoning administrator, after consulting with the ZRC and the city engineer. The pavement width forward of the parking setback line shall be 18 feet or less.

(d)

Decision criteria. The zoning administrator, in consultation with the ZRC, shall consider the following provisions in making a determination on a minor adjustment request. When the minor adjustment is sought prior to the issuance of a building permit, the application must meet all five criteria in sections (e)(1) and (e)(2). When a minor adjustment is sought to address a minor construction issue, the application only needs to comply with the criteria in section (e)(2).

(1)

Anticipatory site-specific issues only.

a.

The proposed structure or site feature is permitted in the character district.

b.

The minor adjustment allows development that is consistent or compatible with the intent and purpose of the character district and the regulation modified.

c.

The impact of the minor adjustment is internal to the subject property and will not impede the normal and orderly development or improvement of adjacent properties.

(2)

Anticipatory site-specific issues and minor construction issues.

a.

There are special circumstances existing on the property for which the application is made related to size, shape, area, topography, surrounding conditions, and/or location that make it practically difficult to meet the standard or requirement.

b.

The minor adjustment is necessary to permit the applicant the same ability to use the property that is enjoyed under this Code by other properties in the vicinity and character district, but which are limited or denied to the subject property based on the applicability of the regulation sought to be adjusted.

(e)

Review and decision-making. Minor adjustments are processed as an administrative review decided by the zoning administrator upon consultation with the ZRC.

(Ord. No. 2994, § 1, 11-1-2021)

A board of adjustment is hereby established, which shall consist of seven members, each to be appointed by the mayor subject to approval of the city council for the term of five years. Members shall be removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

(Ord. No. 2922, § 1(29-56), 5-7-2018)

The board of adjustment shall adopt rules in accordance with the provisions of this chapter. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. Such chairperson, or, in his absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public, and the presence of four members shall constitute a quorum. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(Ord. No. 2922, § 1(29-57), 5-7-2018)

The board of adjustment shall have the following powers and duties:

(1)

In appropriate cases and subject to appropriate conditions and safeguards, to make special exceptions to the terms of this chapter in harmony with its general purpose and intent. Any property owner aggrieved by the provisions of this chapter or any regulations or restrictions under this chapter may petition the board of adjustment directly to modify the regulations and restrictions as applied to such property owner, and the following rules shall apply:

a.

The board of adjustment shall have a public hearing on the petitions under the same terms and conditions as provided in this division for the hearing of appeals by the board of adjustment.

b.

The board of adjustment, in making any exception to this chapter, shall be guided by the general rule that the exceptions shall, by their design, construction and operation, adequately safeguard the health, safety and welfare of the occupants of adjoining and surrounding property, shall not impair an adequate supply of light and air to adjacent property, shall not increase congestion in the public streets, shall not increase public danger of fire and safety and shall not diminish or impair established property values in surrounding areas.

c.

The board of adjustment is specifically authorized to permit erection and use of a building or the use of premises or vary the height and area regulations in any location for a public service corporation for public utility purposes or for purposes of public communication, including the distribution of newspapers, which the board determines reasonably necessary for public convenience or welfare.

d.

The board of adjustment is specifically authorized to permit the extension of a district where the boundary line of a district divides a lot in a single ownership as shown of record or by existing contract or purchase at the time of the passage of this chapter, but in no case shall extension of the district boundary line exceed 40 feet in any direction.

(2)

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the department of developmental services in the enforcement of this chapter.

(3)

To authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done. Special conditions shall include, but not be limited to, a property owner who can show that his property was acquired in good faith and that, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographical conditions or other extraordinary or exceptional situations, the strict application of the terms of this chapter actually prohibits the use of his property in a manner reasonably similar to that of other property in the district.

(Ord. No. 2922, § 1(29-58), 5-7-2018)

(a)

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the department of community development. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the department and with the board of adjustment a notice of appeal specifying the grounds thereof. The department shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from is taken.

(b)

An appeal stays all proceedings in furtherance of the action appealed from, unless the department certifies to the board, after notice of appeal has been filed with the department, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board or by a court of record on application, with notice to the department, and on due cause shown.

(c)

The appealing party shall be required to submit to the secretary of the board, ten days prior to the public hearing, a petition duly signed by the owners of the property immediately adjacent, in the rear and to the side thereof, extending the depth of one lot but not to exceed 200 feet therefrom, and of those directly opposite thereto, extending the depth of one lot or not to exceed 200 feet from the street frontage of such opposite lots, indicating knowledge of the appeal and the date of the public hearing. Should an adjacent property owner refuse to sign the petition, it shall then be the duty of the appealing party to contact the adjacent property owner by certified mail, notifying the property owner of the appeal before the board, and the appealing party shall submit proof of the certified mail to the secretary of the board ten days prior to the public hearing.

(d)

The board of adjustment shall give a reasonable time for hearing the appeal. The board shall publish notice of the public hearing on the appeal once, not less than seven nor more than 14 days before the date of the hearing, in a newspaper having general circulation in the city.

(e)

At the hearing, any party may appear in person or by agent, or by attorney. Before an appeal is filed with the board of adjustment, the appellant shall pay to the city clerk, to be credited to the general fund of the city, the cost of publishing the notice and the administrative costs of the appeal as determined by the board.

(f)

In exercising the powers mentioned in this section, the board may, in conformity with the provisions of law, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination as it believes proper, and to that end shall have all the zoning administration powers of the department of community development. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of the department, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter; provided, however, that the action of the board shall not become effective until after the resolution of the board, setting forth the full reason of its decision and the vote of each member participating therein, has been spread upon the minutes. Such resolution, immediately following the board's final decision, shall be filed in the office of the board, and shall be open to public inspection.

(Ord. No. 2922, § 1(29-59), 5-7-2018; Ord. No. 2943, § 7, 6-3-2019)

The regulations specified in this chapter shall be subject to the exceptions and interpretations set out in this division.

(Ord. No. 2922, § 1(29-76), 5-7-2018)

(a)

No statuary, memorial or work of art in a public place, and no public building, bridge, viaduct, street fixture, public structure or appurtenance, shall be located or erected, or a site therefor obtained, nor shall any permit be issued by any department of the city for the erection or location thereof, until and unless the design and proposed location of any such improvement shall have been submitted to the city planning and zoning commission and its recommendations thereon obtained. If the commission disapproves the proposed improvement, it may be approved by the city council only by an affirmative vote of a simple majority of all the membership of the council.

(b)

Such requirements for recommendations shall not act as a stay upon action for such improvements where such commission, after 60 days' written notice requesting such recommendations, shall have failed to file the recommendations.

(Ord. No. 2922, § 1(29-77), 5-7-2018)

In any district where dwellings are permitted, a single-unit dwelling may be located on any lot or plot of official record as of April 3, 1970, irrespective of its area or width; and, in addition, any two-unit dwelling may be located on any lot or plot in an R-3 Residence District that has a lot width of not less than 60 feet and a lot area of not less than 8,000 square feet and is of official record as of April 3, 1970; provided, however, that:

(1)

The sum of the side yard widths of any such lot or plot shall not be less than 20 percent of the width of the lot, but in no case shall the width be less than five feet for any one side yard.

(2)

The depth of the rear yard of any such lot need not exceed 20 percent of the depth of the lot, but in no case shall the depth be less than ten feet.

(3)

In the case of a lot of record where the requirements of subsection (1) or (2) of this section are greater than those of the district in which it is located, the lesser requirement shall apply.

(4)

In the case of platted building setback lines established on lots of record as of April 3, 1970, such setback lines may apply in lieu of those required by this section unless existing adjacent building setbacks are greater than specified on the plat of record, in which case the provisions of sections 26-122 through 26-132 shall apply.

(Ord. No. 2922, § 1(29-78), 5-7-2018)

The building height limitations of this chapter shall be modified as follows:

(1)

Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, penthouses, stacks, stage towers or scenery lofts, tanks, water towers, spires and radio or television towers or necessary mechanical appurtenances may be erected to a height in accordance with the ordinances of the city. Wind energy conversion systems shall be permitted in all zoning districts, subject to approval by the board of adjustment. The board of adjustment may compel applicants to provide documentation indicating that the design, construction and operation of the system adequately safeguards the health, safety and welfare of the occupants of all adjoining and surrounding properties.

(2)

Public, semipublic or public service buildings, hospitals, medical clinics, senior housing facilities, nursing homes, housing for the elderly, professional offices, professional services, sanatoriums or schools, or other uses permitted in a district, may be erected to a height not exceeding 60 feet to the ridge line or top of the roof, and churches and temples, when permitted in a district, may be erected to a height not exceeding 75 feet, if the building is set back from each building setback line at least one foot for each foot of additional building height above the height limit otherwise provided for in the district in which the building is built. The additional setback area must be provided in open green space with living landscape material, berming and other vegetative screening elements along any property line adjacent to a public right-of-way. The building will utilize high quality materials such as brick, natural stone, glass or other materials used in the neighborhood. These materials shall be incorporated on all sides of the building. In addition, restrictive covenants, developmental agreements or design guidelines may be used to further supplement the building or site design.

(3)

Single-unit dwellings and two-unit dwellings in the dwelling districts may be increased in height by not more than ten feet when two side yards of not less than 15 feet each are provided, but they shall not exceed three stories in height.

(Ord. No. 2922, § 1(29-79), 5-7-2018)

In any district where public water supply or public sanitary sewer is not accessible, the lot area requirements shall be determined and approved by the planning and zoning commission upon recommendation by the county board of health, the city public works department and the department of developmental services. The commission shall evaluate the long-term use of the property and projected provision of public service to the area to determine the lot size and type of water and sewer service to be required. However, should public water or public sewer not be available, the minimum lot size required shall not be less than 15,000 square feet nor more than three acres. In all cases, if the lot requirement of the district is more restrictive than this regulation, the district lot requirement shall apply.

(Ord. No. 2922, § 1(29-80), 5-7-2018)

In computing the depth of a rear yard or the width of a side yard where the rear or side yard opens on an alley, one-half of the alley width may be included as a portion of the rear or side yard, as the case may be.

(Ord. No. 2922, § 1(29-81), 5-7-2018)

Buildings on through lots and extending through from street to street shall provide the required front yard on both streets.

(Ord. No. 2922, § 1(29-82), 5-7-2018)

(a)

Obstructions in required yards. Every part of a required yard shall be open to the sky, unobstructed with any above grade building or structure with the following exceptions:

(1)

The ordinary projections of skylights, sills, belt courses, cornices, roof eaves and ornamental features, such projections not to exceed 36 inches.

(2)

Handicap accessible ramps, railings or walkways that may extend to the property line in order to accommodate handicap access and egress.

(3)

The usual steps of enclosed or unenclosed porches, stoops, or other entryways, said steps to extend no closer than five feet from the property line.

(4)

Unenclosed and unroofed decks may extend no closer than five feet from a side yard property line. Said unenclosed and unroofed decks shall extend no further than ten feet into the required front yard or required rear yard area.

(5)

Other decorative lawn ornaments such as bird feeders, lighting fixtures, art work, or any similar item not recognized by the International Building Code and International Residential Code as a building or structure shall be allowed.

(6)

Permitted accessory structures and fences. Said accessory structures, including, but not limited to, garages or storage sheds, shall not be allowed in any portion of a required front yard.

(b)

Rowhouses and condominiums. In all districts providing for multiple unit dwellings, the front, rear and side yard requirements shall apply to the building where utilized as a row or condominium dwelling, and shall not be required for each individual unit.

(c)

Conversion of duplex to bi-attached dwelling. In the case of a duplex conversion to bi-attached dwelling status, the front, rear and side yard requirements shall apply to the duplex structure as a whole, as required by the zoning classification in which the duplex is located, if the duplex was constructed prior to March 9, 1981.

(Ord. No. 2922, § 1(29-83), 5-7-2018; Ord. No. 3110, § 1, 6-2-2025)

Satellite receiving dishes shall be permitted in all districts subject to the following:

(1)

Satellite receiving dishes shall be classified as an incidental use, and shall not be permitted upon a lot unless such lot has a principal permitted use located thereon. No more than one dish shall be permitted on any parcel.

(2)

The size of satellite receiving dishes shall not be subject to the total square footage limitation for accessory buildings as outlined in section 26-126, but the dish shall be set back at least two feet from private property lines as measured at the most extreme axis.

(3)

A building permit shall be issued by the city prior to the installation or structural alteration of any satellite receiving dish. The dish shall meet all requirements of the building and electrical codes.

(4)

No satellite receiving dish shall be permitted within a provided front yard, or within any portion of a required side yard lying closer to the front lot line than the rear of the principal structure.

(5)

Satellite receiving dishes shall not exceed a maximum height of 20 feet, as measured at the most extreme vertical axis.

(6)

Roof-mounted satellite receiving dishes shall be restricted to commercial and industrial zoning districts, and shall not extend more than ten feet above the height limit established for the district in which the structure is located.

(7)

No satellite receiving dish shall be permitted to cause electrical disturbances, nor interfere with the transmission of communication signals to adjacent properties.

(Ord. No. 2922, § 1(29-84), 5-7-2018)

An existing open porch may be remodeled or rebuilt to an enclosed nonhabitable vestibule entranceway, which may include closet space, when projecting not more than one-fourth of the width of the residence.

(Ord. No. 2922, § 1(29-85), 5-7-2018)

(a)

In any residential or agricultural zoning district, a wall, fence or hedge not to exceed four feet in height may be located and maintained on any part of a lot, except in the case of a corner lot it shall not exceed three feet in height above the curb level in the triangular area formed by the intersection of two public rights-of-way, excluding alleys, with two sides of the triangle being 30 feet in length along the abutting public right-of-way line measured from their point of intersection and the third side being a line connecting the ends of the other two lines. However, a fence not to exceed four feet in height may be located within this triangular area if it is constructed of materials which provide openings of not less than 75 percent in area of the vertical surface of the fence to permit transmission of light, air and vision through the vertical surface at a right angle. A wall, fence or hedge not to exceed eight feet in height may be located and maintained anywhere on a lot to the rear line of the required front yard. However, in the case of a corner lot or reversed lot, it shall not be closer to the property line than to the rear of the side yard requirement. Fences shall be constructed of materials commonly used for landscape fencing, such as masonry, block, lumber or chainlink, but shall not include corrugated sheet metal, barbed wire or salvage material, or be electrified.

(b)

In any commercial or industrial zoning district, no wall or fence, except as noted in this subsection, shall be located or maintained within the following described areas:

(1)

The areas of property on both sides of an accessway, driveway or alley formed by an intersection with a public right-of-way with two sides of each triangle being formed by lines extending a distance of ten feet in length from the point of intersection and the third side being a line connecting the ends of the ten-foot sides.

(2)

The area of property located at a corner formed by the intersection of two public rights-of-way, excluding alleys, with two sides of the triangle being 30 feet in length along the abutting public right-of-way lines measured from their point of intersection, and the third side being a line connecting the ends of the other two lines.

However, fences not exceeding height requirements may be located within these triangular areas if constructed of materials which provide openings of not less than 75 percent in area of the vertical surface of the fence to permit transmission of light, air and vision through the vertical surface at a right angle. No structure, material storage, vehicle or other obstruction shall be situated therein preventing the view of traffic approaching the intersection from either way.

(c)

In any commercial zoning district, a wall, fence or hedge not to exceed eight feet in height may be located and maintained on any part of a lot, except as provided in subsection (b) of this section.

(d)

In any industrial zoning district, a wall, fence or hedge not to exceed ten feet in height may be located and maintained on any part of a lot, except as provided in subsection (b) of this section.

(e)

In any commercial or industrial zoning district, fences shall not be constructed of salvage material, shall not be electrified, and shall not use barbed wire closer than six feet to the ground or higher than the maximum allowable fence height in the applicable zoning district.

(f)

In all zoning districts, no portion of any wall, fence or hedge shall extend beyond the owner's private property line.

(g)

Fences used solely for permitted livestock containment purposes may be electrified or utilize barbed wire or corrugated sheet metal within the height requirements of the applicable zoning district.

(h)

No wall, fence or hedge shall be so located as to obstruct the view of traffic approaching an intersection from any direction.

(i)

No wall, fence or hedge shall be located as to obstruct direct access to a fire hydrant from the public right-of-way, nor shall any wall, fence or hedge be situated closer than four feet to a fire hydrant.

(Ord. No. 2922, § 1(29-86), 5-7-2018)

(a)

Required; request for review. In all zoning districts, in connection with every industrial, commercial, business, trade, institutional, recreational or dwelling use, and similar uses, stormwater detention shall be provided and shall be subject to the review and approval of the city engineer. A request for stormwater detention review shall be accompanied by two copies of plans showing all existing landscaping, surface treatments, structures, measurements and elevations and two copies of plans showing proposed improvements, surface types, measurements, elevations, stormwater detention calculations and method of detention. In all zoning districts, all uses shall provide stormwater detention in accordance with the criteria in this section.

(b)

Exceptions. Stormwater detention will not be required for:

(1)

Individual single-unit dwelling units, duplexes, bi-attached dwelling units or similar uses or lots with low runoff coefficients.

(2)

All uses on undeveloped lots of record as of September 26, 1983, where the difference between the runoff of a ten-year frequency rainfall, as applied to the entire lot, including the proposed improvements, is less than or equal to one cubic foot per second when compared to the amount of total stormwater runoff generated from a two-year frequency rainfall on the lot as it existed in its natural, undeveloped state. However, following initial development, should any deed transfer, lot split, resubdivision or addition reduce the computed lot area or increase the amount of impervious surface, increasing the runoff by an amount greater than one cubic foot per second, then stormwater detention shall be provided for the entire lot in conformance to the criteria in subsection (c) of this section.

(3)

Additions to existing structures or new structures on developed lots of record as of September 26, 1983, where the total stormwater runoff generated from a ten-year frequency rainfall, applied to the entire area of the addition or new structure, including the proposed improvements and required parking addition, is less than or equal to one cubic foot per second when compared to the amount of total stormwater runoff generated from a two-year frequency rainfall on the affected area in its existing state. However, following completion of the proposed addition or new structure without stormwater detention, should any deed transfer, lot split, resubdivision, new addition or structures be added to the lot which reduce the computed lot area or increase the amount of impervious surface such that the sum of the improvements generate a runoff greater than one cubic foot per second, then stormwater detention shall be provided for all additions or new structures added after September 26, 1983, in conformance to the criteria in subsection (c) of this section.

(4)

Reconstruction, repair or replacement of uses on developed lots in conformance with all other applicable sections of this chapter and this Code, provided that such reconstruction, repair or replacement may not increase the total stormwater runoff generated by the lot as it existed prior to reconstruction. Should the reconstruction, repair or replacement generate runoff greater than that discharged prior to construction, the lot shall conform to the criteria in subsection (b)(3) of this section.

(5)

Individual lots recorded after September 26, 1983, if the plat in which the lots are located provides stormwater detention for all lots, on site or off site, equal to the difference between the total stormwater runoff generated from a ten-year frequency rainfall applied to the entire plat, including proposed improvements, public and private, and a two-year frequency rainfall applied to the site as it existed in its natural undeveloped state.

(6)

Any lot where a governmental body or private drainage district has provided overall drainage basin detention facilities and the city has waived by resolution the detention criteria for individual lots in that basin.

(c)

Detention requirements for nonexempt lots. All lots not exempted by subsection (b) of this section shall detain all on site stormwater runoff equal to the difference between the total stormwater runoff generated from a ten-year frequency rainfall as applied to the entire lot, including the proposed improvements, and a two-year frequency rainfall applied to the lot as it existed in its natural undeveloped state.

(d)

Special detention requirements. The city council, upon recommendation of the planning and zoning commission or at its own discretion, may prescribe that a higher degree of stormwater detention be required if it is in the best interest of the general public. The special detention requirement will normally be reserved for developments with large quantities of impervious surfaces, where the drainage basin in which the development is located is experiencing flooding problems, or where receiving stormwater facilities cannot accept the normal two-year storm discharge.

(e)

Waivers. Stormwater detention requirements may be waived by the city council following receipt of sufficient written justification from the property owner indicating that it is not physically or economically feasible to detain stormwater and that such discharge will not be injurious to downstream properties in the drainage basin.

(f)

Evaluation of drainage system. All developments and subdivisions which are required by this section to provide stormwater detention or installation of a public storm sewer system shall provide an evaluation of the 100-year storm overflow from the development's primary drainage system. The evaluation will be reviewed by the city to ensure unobstructed overflow areas are provided for a 100-year storm as a protection to new construction in the development and downstream properties.

(g)

Determination of specific requirements. The charts following this section shall be used to determine if stormwater detention is required.

(h)

Inspection and approval. All required stormwater detention shall be in place, inspected and approved by the city engineer or his staff designees prior to issuance of an occupancy permit. However, installation prior to occupancy may be waived in accordance with section 26-220(g)(6).

TABLE B-1. RAINFALL INTENSITIES, WATERLOO, IOWA
(Compiled from U.S. Weather Bureau Technical Paper #40)
Rainfall Intensities are in Inches per Hour

TIME OF CONCENTRATION
(Overland Flow)

RUNOFF COEFFICIENTS FOR VARIOUS AREAS

RUNOFF COEFFICIENTS FOR RURAL AREAS

(Ord. No. 2922, § 1(29-87), 5-7-2018)