Site development regulations are established to promote compatible land use patterns appropriate to the purposes and specific nature of each district.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

The regulations apply to all sites, in each respective zoning district, including development and redevelopment, in the city except where explicitly listed as excluded in this title. Additional standards may apply to certain uses with unique characteristics in Chapter 17.06 Supplemental Site Standards.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

(Ord. No. 1465, § 2(Att.), 9-11-2023)

(Ord. No. 1465, § 2(Att.), 9-11-2023)

(Ord. No. 1465, § 2(Att.), 9-11-2023)

(Ord. No. 1465, § 2(Att.), 9-11-2023)

(Ord. No. 1465, § 2(Att.), 9-11-2023)

(Ord. No. 1465, § 2(Att.), 9-11-2023)

(Ord. No. 1465, § 2(Att.), 9-11-2023)

(Ord. No. 1465, § 2(Att.), 9-11-2023)

(Ord. No. 1465, § 2(Att.), 9-11-2023)

(Ord. No. 1465, § 2(Att.), 9-11-2023)

(Ord. No. 1465, § 2(Att.), 9-11-2023)

(Ord. No. 1465, § 2(Att.), 9-11-2023)

(Ord. No. 1465, § 2(Att.), 9-11-2023)

(Ord. No. 1465, § 2(Att.), 9-11-2023)

A.

Side Yard Setbacks. Side yard setbacks do not apply to the interior lot line where units are attached on individually platted lots.

B.

Lots Adjoining Alleys. In calculating the depth of a required side or rear yard setback for a lot adjoining a dedicated public alley, one-half of the alley may be credited as a portion of the yard. However, no residential structure may be nearer than five feet to the near side of the alley.

C.

Setback Adjustments. Where lots comprising thirty percent or more of the frontage within two hundred feet of either side lot line is developed with buildings at a greater or lesser setback, the front yard requirement shall be the average of these building setbacks and the minimum front yard required for the undeveloped lots. In computing the average setback, buildings located on reverse corner lots or entirely on the rear half of lots shall not be counted. No setback adjustment pursuant to this section shall create a required front yard setback more than five feet greater than that otherwise required by the applicable zoning district.

D.

Rear Yard Exceptions—Residential Uses. When an irregular lot is used for residential purposes, the rear yard may be measured as the average horizontal distance between the building and rear lot line, provided that the minimum setback shall not be less than sixty percent of the rear yard required by the zoning district.

E.

Required setbacks shall not reduce the buildable width of any corner lot to less than twenty-four feet. Appropriate setback adjustments shall be allowed to maintain this minimum width.

F.

Encroachments on Required Yards. Every part of a required yard shall be open and unobstructed from the finished grade upward, except as specified herein.

1.

Architectural projections, including roofs that cover porches, enclosed porches, window sills, belt courses, cornices, eaves, flues, chimneys, and ornamental features may project two feet into a required yard.

2.

Terraces, patios, uncovered decks, and ornamental features which have no structural element more than two feet above or below the adjacent ground level or covered structure may project ten feet into a required yard. However, all such projections must be set back at least three feet from an adjacent side lot line; or twenty feet from any street property line.

3.

Fire escapes, fireproof outside stairways, and balconies opening to fire towers may project a maximum of three feet into required yards, provided that they do not obstruct the light and ventilation of adjacent buildings.

4.

For buildings constructed upon a front property line, a cornice may project into public right-of-way unless such property is constructed on a state or federal highway. Maximum projection is the smaller of four feet or five percent of the right-of-way width.

5.

In commercial districts, a canopy may extend into a required front yard, provided that the canopy is set back at least five feet from the front property line, covers less than fifteen percent of the area of the required front yard, and has a vertical clearance of at least eight feet six inches.

6.

Lamp posts with a maximum height of ten feet and flag poles up to a maximum height of the base district may be located within the required yards, provided they are set back at least five feet from property lines.

G.

Lot Width Adjustments for New Lots and Splits. Where lots comprising thirty percent or more of the frontage within two hundred feet are developed on either side of the subject lot, the minimum lot width requirement for the proposed lot shall be the average of these developed lots, if the average is less than the minimum lot width identified in the site development regulations. Such lots shall not be required to meet the minimum lot area identified in the site development regulation tables.

H.

Use of Existing Lots of Records. In any district where certain residential uses are permitted, a residential use may be located on any lot or plot of official records as of the effective date of this zoning ordinance irrespective of its area or width; provided, however:

1.

Each side yard setback width of any such lot shall not be less than ten percent of the width of the lot and, in no case, less than five feet.

2.

The depth of the rear yard of any such lot shall be not less than twenty percent of the depth of the lot but in no case less than twenty-five feet.

I.

Structures Permitted Above Height Limit. The building height limitations of this zoning ordinance shall be modified as follows:

1.

Chimneys, fire towers, monuments, water towers, ornamental towers, spirals, radio or television towers, flag poles, solar arrays subject to Subsection 17.06.110.F Solar Energy System (SES), primary, or necessary mechanical appurtenances may be erected to a height above the height regulations shown for a particular district, as approved by the zoning administrator.

2.

Public, semipublic, or public service buildings, hospitals, or schools, when permitted in a district, may be erected to a height above the height allowed in the district, provided that the building is set back from each property line at least one foot for each foot of additional building height above the height limit in the district.

3.

In the BP and LI districts, the height of all structures can be increased subject to a one foot increase in the minimum yard setback per one foot increase in height.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

The PUD district, which the city council adopts with the recommendation of the PZ commission, assures specific development standards for each designated project. It is the intent of this section to permit a mixture of uses that complement and coordinate with each other on a site and with adjacent uses. However, it is not the intent of this section to allow the fundamental purposes of the zoning, platting, and subdivision provisions of the zoning ordinance to be ignored.

A.

Run with the Land. The requirements of a PUD apply to the property regardless of the subsequent sale or conveyance of the property.

B.

Application. A PUD district is allowed anywhere in the city and replaces the existing zoning district when approved.

C.

Minimum Size. There is no minimum size for a PUD district as long as the criteria for approval in this section can be met.

D.

Permitted Uses. Uses permitted in a PUD district may be identified at the time of approval. An existing zoning district may be used as the base land use list. Mixing of different uses is allowed to achieve a combination of use types not anticipated by conventional base districts.

E.

Site Development Regulations. Site development regulations are developed individually for each PUD district, but an existing base zoning district must be identified as a standard for comparison and requested deviations. The approved site plan for a PUD district becomes the site development regulations for the site.

F.

Criteria for Approval. The following criteria shall govern the development of PUD district standards:

1.

Comprehensive Plan. Uses, site regulations, transportation networks, open space, and site layout shall be consistent with the intent of the comprehensive plan.

2.

Environmental Design. Existing trees, groves, waterways, scenic points, historic spots, and other natural assets and landmarks shall be preserved whenever possible. The location of trees shall be considered when designing open spaces and planning the location of buildings, underground services, walks, paved areas, playgrounds, parking areas, and finished grade levels. A general landscaping plan shall be required for all PUD district applications.

3.

Open Space. Public open space shall be encouraged and may be required in large residential developments.

4.

Transportation Design. Principal vehicular, bicycle, and pedestrian access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic.

a.

Streets, paths, and trails within a PUD district shall be built for, connected to, and consistent with planned transportation routes as identified in the comprehensive plan and other adopted city or county plans. Internal cross-easements and shared access points between or within individual projects and preexisting development shall be maximized when possible.

b.

Pedestrian routes shall not be immediately adjacent to the vehicular street system.

c.

Standards of design and construction for public roadways shall be equivalent to those provided in the subdivision ordinance unless the applicant shows that variations are necessary to promote quality design without impacting the public's health, safety, and welfare. No privately owned roadways may be dedicated to public use at a later date unless and until said roadways have been improved by the private owner to the existing design standards for public streets.

d.

Each PUD district must abut a public street for at least one hundred feet and gain access from that street.

5.

Public Infrastructure. PUD approvals shall not be granted unless utility systems and infrastructure such as water lines, sanitary sewer lines, and streets located outside the PUD exist in sufficient quantity and quality to serve the PUD without system overload.

6.

Parking. The minimum number of parking spaces required by the base district does not apply, except that ADA requirements remain applicable. When provided, parking lots shall be designed following the parking design standards in Section 17.07.100 Parking Design Standards, with adequate stormwater management and landscaping at least to the requirements of the base district.

7.

Buffering. When parking areas along the boundary of a PUD district abut residential uses, civic uses, or public spaces, adequate buffering shall be provided by means of landscaping and setbacks applicable in Section 17.08.060 Bufferyards and Screening Provisions. Fencing does not constitute adequate buffering.

8.

Signage. A sign package may be submitted with a PUD district application that indicates the location, size, and height of all on-premise signage. The identified base district sign standards apply if not submitted with the PUD application.

9.

Transitions. Development within the PUD district shall transition to surrounding preexisting uses outside of the PUD district according to the comprehensive plan in terms of transportation routes, building scale, public spaces, and natural features. It is not the intent of the PUD district regulations to create isolated tracts of development in the city. The examples listed below are representations of methods that can make neighboring developments compatible with each other and are meant as potential solutions to transition PUD development to preexisting development:

a.

Step down to similar building size, density, scale, and site design at PUD boundaries.

b.

Reflect the patterns of buildings, yards, paved areas, and streetscape displayed by adjacent preexisting developments that are not intended to change based on the comprehensive plan.

c.

At transitions not separated by right of way near lower-intensity areas, if building bulk cannot be diminished based on this zoning ordinance, other measures may substitute for building size reduction.

d.

At edges with preexisting, lower-intensity residential uses or densities, use the landscaping and screening methods in Section 17.08.060 Bufferyards and Screening Provisions, other zoning ordinance setback requirements, or other measures as separators of different land uses.

e.

Placing parks, greenways, stormwater features, preserving natural environmental features, and drainageways at PUD boundaries.

10.

Amenities. Because the PUD district provides the opportunity for greater design flexibility, mixed land uses, and improved marketability, the applicant shall be prepared to provide amenities and services as part of the PUD district that might not be required or possible in a conventional development. Examples include but are not limited to pedestrian and bicycle paths, open space, additional landscaping, and building materials.

G.

Application Process. The application for a PUD district shall include a development plan containing the following information:

1.

A detailed site map, including:

a.

A legal description of the development site, including a statement of ownership.

b.

A boundary survey.

c.

Site dimensions.

d.

Contour lines at no greater than two foot intervals.

e.

Adjacent public rights-of-way, transportation routes, and pedestrian or bicycle systems.

f.

Description of adjacent land uses.

g.

Utility service to the site and easements through the site.

h.

Description of other site features, including drainage, soils, or other considerations that may affect development.

2.

A development plan, including:

a.

A land use plan designating specific uses for the site and establishing site development regulations, including setback, height, building coverage, impervious coverage, and density requirements.

b.

A site layout, including the location of proposed buildings, parking, open space, and other facilities.

c.

Location, capacity, and conceptual design of parking facilities.

d.

Description of the use of individual buildings.

e.

Schematic architectural plans and elevations sufficient to indicate building height, bulk, materials, and general architectural design.

f.

A site development and landscaping plan showing building locations or building envelopes, site improvements, public or common open spaces, community facilities, significant visual features, and typical landscape plans.

g.

Vehicular and pedestrian circulation plan, including relationship to external transportation systems.

h.

Schematic building elevations and sections, if required to describe the project.

i.

Grading plans.

j.

Proposed sewer and utility improvements.

k.

Location, sizes, and types of all proposed signage.

3.

A statistical summary of the project, including gross site area, net site area, number of housing units by type, gross floor area of other uses, total amount of parking, and building and impervious surface percentages.

4.

A development schedule indicating the approximate date when construction of the PUD or stages of the PUD can be expected to begin and be completed.

H.

Pre-Application Conference. The PUD process is intended to avoid confusion and undue hardship for both the developer and the city. At least one meeting between the private developer and city staff, as determined by the zoning administrator, is required so that an understanding and mutual consensus on the proposed PUD district may be reached to the extent possible before the formal filing for PUD approval. The applicant shall bring to (or submit prior to) the pre-application conference sufficient supporting materials to explain the project, including the location, proposed uses, proposed site layout, and existing natural features.

I.

Formal Filing. After a developer has filed a PUD district application with the city, the zoning administrator shall have up to thirty days to review the PUD in detail, convey their findings and recommendations in writing to the PZ commission, and start the public hearing process.

J.

PZ Commission. Upon referral of a proposed PUD from the staff and proper notice established for any other zoning amendment and the Code of Iowa, the PZ commission shall hold a public hearing and act upon each application within thirty days after the public hearing by making a recommendation to approve, approve with conditions, or deny an application to the city council to decide.

K.

City Council. The city council, after proper notice established for any other zoning amendment and the Code of Iowa, shall hold a public hearing and act upon any ordinance establishing a PUD district within thirty days after the public hearing. The city council shall be the final authority to approve or disapprove a proposed PUD district. An ordinance adopting a PUD district shall require a favorable simple majority of the city council for approval.

L.

Effect of Approval. Upon approval by the city council, the development plan shall become a part of this zoning ordinance, creating or amending the PUD district. All approved plans shall be filed with the city clerk. The approval authorizes the applicant to apply or receive a building permit or certificate of occupancy, as applicable, in compliance with the approved PUD application.

M.

PUD Amendments. Amendments to a PUD district follow the same filing procedures as approval. The following amendments are allowed:

1.

The zoning administrator may authorize minor changes in site engineering, building design, and location arrangement.

2.

Substantial and material changes in the PUD must be approved by ordinance by the city council following PZ commission review and public hearing as outlined in this section.

N.

Termination. If no substantial development has taken place in a PUD district for three years following approval of the ordinance, the PZ commission can reconsider the zoning of the property and may, on its own motion, initiate an application for rezoning the property back to the previous district before PUD district approval. Termination does not apply to approved PUD districts where the approval included design in separate phases that may extend past three years.

O.

Absent Provisions. Where there is no provision in the approved PUD district addressing a specific regulation or situation, the requirements of the base district identified in the approved application shall be applied to the development.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

The IP overlay district, which is adopted by the city council with the recommendation of the PZ commission, creates additional use and design requirements for areas meant to grow with significant exporting industries that require large parcels of land and location along major transportation routes.

A.

Application. IP overlay district standards are applied in addition to the general industrial (GI) base district standards. Standards in this section that are more restrictive for an IP overlay district apply over the GI base zoning district.

B.

Minimum Size. There is no minimum size for an IP overlay district as long as the criteria for approval in this section can be met.

C.

Permitted Uses. Permitted, accessory, and temporary uses are listed in tables in Section 17.04.110 Land Use Matrix.

D.

Site Development Regulations. The site development regulations of the GI base zoning district apply unless identified otherwise in this section.

E.

Building Materials and Design. Building materials and design shall be as provided in Subsection 17.06.050.B Building Materials and Design.

F.

Parking and Loading Regulations. The regulations of the GI base zoning district apply unless identified otherwise in this section.

G.

Landscaping and Screening Regulations. The regulations of the GI base zoning district apply unless identified otherwise in this section.

H.

Sign Regulations. The regulations of the GI base zoning district apply unless identified otherwise in this section.

I.

Criteria for Approval. Approval of an IP overlay district follows the same criteria and procedures as a map amendment, listed in Chapter 17.11 Administration and Procedures. Additionally:

1.

Public Infrastructure. IP overlay district approvals shall not be granted unless utility systems and infrastructure such as water lines, sanitary sewer lines, and streets located outside the IP overlay district exist in sufficient quantity and quality to serve sites within the IP overlay district without system overload.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

A.

Proposal. Creating a historic overlay district may be initiated by the historic preservation commission, the PZ commission, the city council, or by petition of the owner or owners of fifty-one percent of the property area within the proposed district.

B.

Requirements for Application. An application for the creation of a Historic overlay district must include the following:

1.

A statement describing the proposed district's special historical or architectural characteristics and stating the reasons for the proposal of the district.

2.

A map indicating the proposed historic overlay district's boundaries specifying the base district(s) included within these boundaries.

3.

An inventory of the buildings or historically important sites located within the proposed district's boundaries.

4.

Supplemental site development regulations, design criteria, and performance standards that apply to the proposed district.

C.

Adoption of a Historic Overlay District.

1.

The zoning administrator shall submit the application to the State Historic Preservation Office for review, comment, and recommendation. Any recommendations by the Iowa SHPO shall be considered with the application for a historic overlay district.

2.

After proper notice, the historic preservation commission and the PZ commission shall hold public hearings and act upon each application.

3.

The historic preservation commission and the PZ commission may recommend amendments to historic overlay district applications.

4.

The recommendation of the historic preservation commission and the PZ commission shall be transmitted to the city council for final action.

5.

The city council, after proper notice, shall hold a public hearing and act upon any ordinance establishing a historic overlay district.

6.

The ordinance adopting the historic overlay district shall include a statement of purpose, a description of district boundaries, and a list of supplemental site development regulations and performance standards.

7.

An ordinance adopting a historic overlay district shall require a favorable vote of a simple majority of the city council for approval.

8.

Upon approval by the city council, each historic overlay district shall be shown on the zoning map, identified sequentially by order of enactment, and referenced to the enacting ordinance.

9.

Any protest against a historic overlay district shall be made and filed as provided by state statutes and amendments thereto.

D.

Approval Criteria. The historic preservation commission and city council shall determine the criteria for approval, which shall include but not be limited to the following:

1.

Consistency with the policies and objectives of the comprehensive plan.

2.

The demonstrated need to preserve the value of property and to protect individual sites or buildings within a historic district from inappropriate and harmful development because the district is an area of historical significance as permitted and limited by applicable law of the Iowa Code, Section 303.20:

a.

Are significant in American history, architecture, archaeology, and culture, and

b.

Possess integrity of location, design, setting, materials, skill, feeling, and association, and

c.

Are associated with events that have been a significant contribution to the broad patterns of our history, or

d.

Are associated with the lives of persons significant in our past, or

e.

Embody the distinctive characteristics of a type, period, or method of construction; represent the work of a master; possess high artistic values; represent a significant and distinguishable entity whose components may lack individual distinction, and

f.

Have yielded, or may be likely to yield, information important in prehistory or history.

E.

Building Permits. Building or other development permits issued by the city in a historic overlay district shall be consistent with the adopted historic district ordinance and shall follow all procedures for review that are established by the city.

F.

National Register and Landmark. The application may be submitted to the National Register of Historic Places or National Landmark Program, but approval shall not be contingent on national designation unless determined by the city council.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

A.

Statutory Authority, Findings of Fact and Purpose.

1.

The Legislature of the State of Iowa has in Chapter 414, Code of Iowa, as amended, delegated the power to cities to enact zoning regulations to secure safety from flood and to promote health and the general welfare.

B.

Findings of Fact.

1.

The flood hazard areas of the City of Oskaloosa are subject to periodic inundation which can result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base all of which adversely affect the public health, safety and general welfare of the community.

2.

These flood losses, hazards, and related adverse effects are caused by: (i) The occupancy of flood hazard areas by uses vulnerable to flood damages which create hazardous conditions as a result of being inadequately elevated or otherwise protected from flooding and (ii) the cumulative effect of obstructions on the floodplain causing increases in flood heights and velocities.

C.

Statement of Purpose. It is the purpose of this chapter to protect and preserve the rights, privileges and property of the City of Oskaloosa and its residents and to preserve and improve the peace, safety, health, welfare, and comfort and convenience of its residents by minimizing those flood losses described in subsection B.1 of this section with provisions designed to:

1.

Restrict or prohibit uses which are dangerous to health, safety or property in times of flood or which cause excessive increases in flood heights or velocities.

2.

Require that uses vulnerable to floods, including public facilities which serve such uses, be protected against flood damage at the time of initial construction or substantial improvement.

3.

Protect individuals from buying lands which may not be suited for intended purposes because of flood hazard.

4.

Assure that eligibility is maintained for property owners in the community to purchase flood insurance through the National Flood Insurance Program.

D.

Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application. Where the definitions in this section differ from those in Chapter 17.03 Definitions, the definitions in this section apply.

1.

"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.

2.

"Base flood." The flood having one percent chance of being equaled or exceeded in any given year (also commonly referred to as the "100-year flood").

3.

"Base flood elevation (BFE)." The elevation floodwaters would reach at a particular site during the occurrence of a base flood event.

4.

"Basement." Any enclosed area of a building which has its floor or lowest level below ground level (subgrade) on all sides. Also see "lowest floor."

5.

"Development." Any manmade 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. "Development" does not include "minor projects" or "routine maintenance of existing buildings and facilities" as defined in this section. It also does not include gardening, plowing, and similar practices that do not involve filling or grading.

6.

"Enclosed area below lowest floor." The floor of the lowest enclosed area in a building when all the following criteria are met:

a.

The enclosed area is designed to flood to equalize hydrostatic pressure during flood events with walls or openings that satisfy the provisions of 17.05.210.G.5 of this section, and

b.

The enclosed area is unfinished (not carpeted, not drywalled, etc.) and used solely for low damage potential uses such as building access, parking or storage, and

c.

Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one foot above the base flood elevation, and

d.

The enclosed area is not a "basement" as defined in this section.

7.

"Existing construction." Any structure for which the "start of construction" commenced before April 4, 2011, the effective date of the first floodplain management regulations adopted by the community (Ord. No. 1302).

8.

"Existing factory-built home park or subdivision." 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 April 4, 2011, the effective date of the first floodplain management regulations adopted by the community.

9.

"Expansion of existing factory-built home park or subdivision." 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).

10.

"Factory-built home." Any structure, designed for residential use which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation, on a building site. For the purpose of this section factory-built homes include mobile homes, manufactured homes, and modular homes; and also include "recreational vehicles" which are placed on a site for greater than one hundred eighty consecutive days and not fully licensed for and ready for highway use.

11.

"Factory-built home park." A parcel or contiguous parcels of land divided into two or more factory-built home lots for sale or lease.

12.

"Five hundred year flood." A flood, the magnitude of which has a two-tenths 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 years.

13.

"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.

14.

"Flood insurance rate map (FIRM)." The official map prepared as part of, but published separately from, the flood insurance study which delineates both the flood hazard areas and the risk premium zones applicable to the community.

15.

"Flood insurance study (FIS)." A report published by FEMA for a community issued along with the community's flood insurance rate map(s). The study contains such background data as the base flood discharge and water surface elevations that were used to prepare the FIRM.

16.

"Floodplain." Any land area susceptible to being inundated by water as a result of a flood.

17.

"Floodplain management." An overall program of corrective and preventive measures for reducing flood damages and promoting the wise use of floodplains, including but not limited to emergency preparedness plans, flood control works, floodproofing and floodplain management regulations.

18.

"Floodplain Manager." The individual or individuals designated by the city manager to administer the provisions of this chapter. Also referred to as the zoning administrator.

19.

"Floodproofing." Any combination of structural and nonstructural additions, changes, or adjustments to structures, including utility and sanitary facilities, which will reduce or eliminate flood damage to such structures.

20.

"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 waters 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 foot.

21.

"Floodway fringe." Those portions of the special flood hazard area located outside the floodway.

22.

"Highest adjacent grade." The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure

23.

"Historic structure." Any structure that is:

a.

Listed individually in the National Register of Historic Places, maintained by the Department of Interior, or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing of the National Register;

b.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

c.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or,

d.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by either i) an approved state program as determined by the Secretary of the Interior or ii) directly by the Secretary of the Interior in states without approved programs.

24.

"Lowest floor." The floor of the lowest enclosed area in a building, including a basement, except when the criteria listed in the definition of "Enclosed area below lowest floor" are met.

25.

"Maximum damage potential uses." 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.

26.

"Minor projects." Small development activities (except for filling, grading, and excavating) valued at less than five hundred dollars.

27.

"New construction" (new buildings, factory-built home parks). Those structures or development for which the start of construction commenced on or after April 4, 2011, the effective date of the first floodplain management regulations adopted by the community.

28.

"New factory-built home park or subdivision." 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 April 4, 2011, the effective date of the first floodplain management regulations adopted by the community.

29.

"Recreational vehicle (RV)." A vehicle which is:

a.

Built on a single chassis;

b.

Four hundred square feet or less when measured at the largest horizontal projection;

c.

Designed to be self-propelled or permanently towable by a light duty truck; and

d.

Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

30.

"Routine maintenance of existing buildings and facilities." Repairs necessary to keep a structure in a safe and habitable condition that do not trigger a building permit, provided they are not associated with a general improvement of the structure or repair of a damaged structure. Such repairs include:

a.

Normal maintenance of structures such as re-roofing, replacing roofing tiles and replacing siding;

b.

Exterior and interior painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work;

c.

Basement sealing;

d.

Repairing or replacing damaged or broken window panes;

e.

Repairing plumbing systems, electrical systems, heating or air conditioning systems and repairing wells or septic systems.

31.

"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 as Zone A, A1—30, AE, AH, AO, AR, and/or A99.

32.

"Start of construction." Includes substantial improvement, and means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement, was within one hundred eighty days of the permit date. The actual start means either the first placement or permanent construction of a structure on a site, such as pouring of a slab or footings, the installation of pile, the construction of columns, or any work beyond the stage of excavation; or the placement of a factory-built home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.

33.

"Structure." Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, cabins, factory-built homes, storage tanks, grain storage facilities, and/or other similar uses.

34.

"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 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.

35.

"Substantial improvement." Any improvement to a structure which satisfies either of the following criteria:

a.

Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either (i) before the "start of construction" of the improvement, or (ii) if the structure has been "substantially damaged" and is being restored, before the damage occurred.

i.

The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. The term also does not include any alteration of a "historic structure", provided the alteration will not preclude the structure's designation as a "historic structure".

b.

Any addition which increases the original floor area of a building by twenty-five percent or more. All additions constructed after the effective date of the first floodplain management regulations adopted by the community shall be added to any proposed addition in determining whether the total increase in original floor space would exceed twenty-five percent.

36.

"Variance." A grant of relief by a community from the terms of the floodplain management regulations.

37.

"Violation." The failure of a structure or other development to be fully compliant with the community's floodplain management regulations.

E.

General Provisions.

1.

Applicable Lands. The provisions of this section shall apply to all lands within the jurisdiction of the City of Oskaloosa which are located within the boundaries of the Floodplain overlay district as established in Section 17.05.210 Floodplain Overlay District.

2.

Rules for Interpretation of Floodplain Overlay District. The boundaries of the floodplain overlay district areas shall be determined by scaling distances on the official flood insurance rate map. When an interpretation is needed as to the exact location of a boundary, the floodplain manager shall make the necessary interpretation. The board of adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the floodplain manager in the enforcement or administration of this section.

3.

Compliance. No structure or land shall hereafter be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this section and other applicable regulations which apply to uses within the jurisdiction of this section.

4.

Abrogation and Greater Restrictions. It is not intended by this section to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this section imposes greater restrictions, the provision of this section shall prevail. All other sections inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.

5.

Interpretation. In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes.

6.

Warning and Disclaimer of Liability. The standards required by this section are considered reasonable for regulatory purposes. This section does not imply that areas outside the designated floodplain overlay district areas will be free from flooding or flood damages. This section shall not create liability on the part of the City of Oskaloosa or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made there under.

7.

Severability. If any section, clause, provision, or portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.

F.

Establishment of Floodplain Overlay District.

1.

The areas within the jurisdiction of the City of Oskaloosa having special flood hazards are hereby designated as a floodplain overlay district and shall be subject to the standards of the floodplain overlay district (as well as those for the underlying zoning district). The floodplain overlay district boundaries shall be as shown on the Flood Insurance Rate Map (FIRM) for Mahaska County and Incorporated Areas, City of Oskaloosa, Map Number 19123C0250C and Map Number 19123C0275C, effective June 16, 2011.

G.

Standards for Floodplain Overlay District.

1.

All uses must be consistent with the need to minimize flood damage and meet the following applicable performance standards. Where base flood elevations and floodway data have not been provided on the flood insurance rate map, 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 determination.

2.

All development within the floodplain overlay 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.

d.

Obtain all other necessary permits from federal, state, and local governmental agencies including approval when required from the Iowa Department of Natural Resources.

3.

Residential Structures.

a.

All new or substantially improved residential structures shall have the lowest floor, including basement, elevated a minimum of one foot above the base flood elevations. Construction shall be upon compacted fill which shall, at all points, be no lower than one foot above the base flood elevations and extend at such elevation at least eighteen feet beyond the limits of any structure erected thereon. Alternate methods of elevating (such as piers or extended foundations) may be allowed subject to favorable consideration by the board of adjustment, 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.

b.

All new residential structures located in areas that would become isolated due to flooding of surrounding ground shall be provided with a means of access that will be passable by wheeled vehicles during the base flood. However, this criterion shall not apply where the zoning administrator determines there is sufficient flood warning time for the protection of life and property. When estimating flood warning time, consideration shall be given to the criteria listed in 567-75.2(3), Iowa Administrative Code.

4.

Non-Residential Structures.

a.

All new or substantially improved non-residential structures shall have the lowest floor (including basement) elevated a minimum of one foot above the base flood elevation, 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 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 base flood; and that the structure, below the base flood elevation 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 floodproofed shall be maintained by the Zoning Administrator.

5.

New and Substantially Improved Structures.

a.

Fully enclosed areas below the "lowest floor" (not including basements) that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following minimum criteria:

i.

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

ii.

The bottom of all openings shall be no higher than one foot above grade.

iii.

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic entry and exit of floodwaters.

Such areas shall be used solely for parking of vehicles, building access, and low damage potential storage.

b.

New and substantially improved structures must be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

c.

New and substantially improved structures must be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities elevated or floodproofed to a minimum of one foot above the base flood elevation.

6.

Factory-Built Homes.

a.

All new and substantially improved factory-built homes, including those placed in existing factory-built home parks or subdivisions, shall be elevated on a permanent foundation such that the lowest floor of the structure is a minimum of one foot above the base flood elevation.

b.

All new and substantially improved factory-built homes, including those placed in existing factory-built home parks or subdivisions, shall be anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

7.

Utility and Sanitary Systems.

a.

On-site waste disposal and water supply systems shall be located or designed to avoid impairment to the system or contamination from the system during flooding.

b.

All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system as well as the discharge of effluent into flood waters. Wastewater treatment facilities (other than on-site systems) shall be provided with a level of flood protection equal to or greater than one foot above the 100-year flood elevation.

c.

New or replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. Water supply treatment facilities (other than on-site systems) shall be provided with a level of protection equal to or greater than one foot above the 100-year flood elevation.

d.

Utilities such as gas or electrical systems shall be located and constructed to minimize or eliminate flood damage to the system and the risk associated with such flood damaged or impaired systems.

8.

Storage of materials and equipment that are flammable, explosive or injurious to human, animal, or plant life is prohibited unless elevated a minimum of one foot above the base flood elevation. Other material and equipment must either be similarly elevated or (i) not be subject to major flood damage and be anchored to prevent movement due to flood waters or (ii) be readily removable from the area within the time available after flood warning.

9.

Flood control structural works such as levees, flood walls, etc. shall provide, at a minimum, protection from the base flood with a minimum of three (3) feet of design freeboard and shall provide for adequate interior drainage. In addition, structural flood control works shall be approved by the department of natural resources.

10.

Watercourse alterations or relocations 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 department of natural resources.

11.

Subdivisions (including factory-built home parks and subdivisions) shall be consistent with the need to minimize flood damages and shall have adequate drainage provided to reduce exposure to flood damage. Development associated with subdivision proposals (including the installation of public utilities) shall meet the applicable performance standards of this section. Subdivision proposals intended for residential use shall provide all lots with a means of access which will be passable by wheeled vehicles during the base flood. Proposals for subdivisions greater than five acres or fifty lots (whichever is less) shall include 100-year flood elevation data for those areas located within the floodplain overlay district.

12.

Accessory Structures to Residential Uses.

a.

Detached garages, sheds, and similar structures that are incidental to a residential use are exempt from the base flood elevation requirements where the following criteria are satisfied.

i.

The structure shall be designed to have low flood damage potential. Its size shall not exceed six hundred square feet in size. Those portions of the structure located less than one foot above the BFE must be constructed of flood-resistant materials.

ii.

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.

iii.

The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters.

iv.

The structure shall be firmly anchored to resist flotation, collapse and lateral movement.

v.

The structure's service facilities such as electrical and heating equipment shall be elevated or floodproofed to at least one foot above the base flood elevation.

vi.

The structure's walls shall include openings that satisfy the provisions of section 17.05.210.D of this section.

b.

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.

13.

Recreational Vehicles.

a.

Recreational vehicles are exempt from the requirements of Section 17.05.210.G.6 of this section regarding anchoring and elevation of factory-built homes when the following criteria are satisfied.

i.

The recreational vehicle shall be located on the site for less than one hundred eighty consecutive days, and,

ii.

The recreational vehicle must be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system and is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.

iii.

Recreational vehicles that are located on the site for more than one hundred eighty consecutive days or are not ready for highway use must satisfy requirements of section 17.05.210.G.6 section regarding anchoring and elevation of factory-built homes.

14.

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.

15.

Maximum Damage Potential Uses. All new or substantially improved maximum damage potential uses shall have the lowest floor (including basement) elevated a minimum of one 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 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 two-tenths percent annual chance flood; and that the structure, below the two-tenths percent annual chance flood elevation 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 floodproofed shall be maintained by the zoning administrator. Where two-tenths percent 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.

H.

Administration.

1.

Appointment, Duties and Responsibilities of Floodplain Manager.

a.

The floodplain manager is hereby appointed to implement and administer the provisions of this section and will herein be referred to as the zoning administrator.

b.

Duties and responsibilities of the zoning administrator shall include, but not necessarily be limited to the following:

i.

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

ii.

Review floodplain development applications to assure that all necessary permits have been obtained from federal, state, and local governmental agencies including approval when required from the department of natural resources for floodplain construction.

iii.

Record and maintain a record of (i) the elevation (in relation to North American Vertical Datum 1988 of the lowest floor (including basement) of all new or substantially improved structures or (ii) the elevation to which new or substantially improved structures have been floodproofed.

iv.

Notify adjacent communities/counties and the department of natural resources prior to any proposed alteration or relocation of a watercourse and submit evidence of such notifications to the Federal Emergency Management Agency.

v.

Keep a record of all permits, appeals, and such other transactions and correspondence pertaining to the administration of this section.

vi.

Submit to the federal insurance administrator an annual report concerning the community's participation, utilizing the annual report form supplied by the federal insurance administrator.

vii.

Notify the federal insurance administration of any annexations or modifications to the community's boundaries.

viii.

Review subdivision proposals to ensure such proposals are consistent with the purpose of this section and advise the board of adjustment of potential conflict.

ix.

Maintain the accuracy of the community's flood insurance rate maps when:

1.

Development placed within the floodway (overlay) district results in any of the following: i) An increase in the base flood elevations, or ii) An alteration to the floodway boundary.

2.

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

3.

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.

x.

Perform site inspections to ensure compliance with the standards of this section.

xi.

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.

2.

Floodplain Development Permit.

a.

Permit Required. A floodplain development permit issued by the zoning administrator shall be secured prior to any floodplain development (any manmade change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, filling, grading, paving, excavation or drilling operations), including the placement of factory-built homes.

b.

Application for Permit. Application shall be made on forms furnished by the zoning administrator and shall include the following:

i.

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

ii.

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

iii.

Location and dimensions of all buildings and building additions.

iv.

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

v.

Elevation of the base flood.

vi.

Elevation (in relation to North American Vertical Datum 1988 of the lowest floor (including basement) of buildings or of the level to which a building is to be floodproofed.

vii.

For buildings being improved or rebuilt, the estimated cost of improvements and market value of the building prior to the improvements.

viii.

Such other information as the zoning administrator deems reasonably necessary (e.g., drawings or a site plan) for the purpose of this section.

c.

Action on Permit Application. The zoning administrator shall, within a reasonable time, make a determination as to whether the proposed floodplain development meets the applicable standards of this chapter and shall approve or disapprove the application. For disapprovals, the applicant shall be informed, in writing, of the specific reasons, therefore. The zoning administrator shall not issue permits for variances except as directed by the board of adjustment.

d.

Construction and Use to be as Provided in Application and Plans. Floodplain development permits based 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 section. 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 section, prior to the use or occupancy of any structure.

3.

Variance.

a.

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

i.

Variances shall only be granted upon: (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local codes or ordinances.

ii.

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

iii.

In cases where the variance involves a lower level of flood protection for buildings than what is ordinarily required by this section, the applicant shall be notified in writing over the signature of the Zoning Administrator that: (i) the issuance of a variance will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars for one hundred dollars of insurance coverage and (ii) such construction increases risks to life and property.

b.

Factors upon which the decision of the board of adjustment—shall be based. In passing upon applications for variances, the board of adjustment shall consider all relevant factors specified in other sections of this section and:

i.

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

ii.

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

iii.

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

iv.

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

v.

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

vi.

The requirements of the facility for a floodplain location.

vii.

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

viii.

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

ix.

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

x.

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

xi.

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

xii.

The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities (sewer, gas, electrical, and water systems), facilities, streets, and bridges.

xiii.

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

c.

Conditions—attached to variances. Upon consideration of the factors listed above, the board of adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose of this section. Such conditions may include, but not necessarily be limited to:

i.

Modification of waste disposal and water supply facilities.

ii.

Limitation of periods of use and operation.

iii.

Imposition of operational controls, sureties, and deed restrictions.

iv.

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

v.

Floodproofing measures.

I.

Nonconforming Uses.

1.

A structure or the use of a structure or premises which was lawful before the passage or amendment of this section, but which is not in conformity with the provisions of this section, may be continued subject to the following conditions:

a.

If such use is discontinued for six consecutive months, any future use of the building premises shall conform to this section.

b.

Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming uses.

2.

If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty percent of the market value of the structure before the damage occurred, unless it is reconstructed in conformity with the provisions of this section. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, provided that the alteration shall not preclude its continued designation.

J.

Penalties for Violation.

1.

Violations of the provisions of this section or failure to comply with any of the requirements shall constitute a misdemeanor, punishable under chapter 17.12 Violations, Penalties, and Enforcement by a fine of at least sixty-five dollars, but not to exceed six hundred twenty-five dollars, or up to thirty days in jail. Nothing herein contained prevent the City of Oskaloosa from taking such other lawful action as is necessary to prevent or remedy violation.

K.

Amendments.

1.

The regulations and standards set forth in this section may from time to time be amended, supplemented, changed, or repealed. No amendment, supplement, change, or modification shall be undertaken without prior approval of the Department of Natural Resources.

(Ord. No. 1465, § 2(Att.), 9-11-2023)