Sioux City City Zoning Code

CHAPTER 25

04 Subdivision Design and Land Development

SUBCHAPTER 25.04-A SUBDIVISION

Subchapter 25.04-B (Reserved)

Reserved

Effective on: 12/1/2020

SUBCHAPTER 25.04-C STORM WATER MANAGEMENT

Reserved

SUBCHAPTER 25.04-E ENVIRONMENTAL QUALITY

Reserved

25.04.010 General Provisions.

Short Title. This chapter shall be known, cited and referred to as the Subdivision Ordinance of the City of Sioux City, Iowa.

Purpose.

Implement the Comprehensive Plan for the community;
Promote, preserve and protect the health, safety, morals and general welfare of the community;
Preserve architecturally, historically, and archeologically significant areas of the community;
Preserve environmentally sensitive areas of the community;
Provide a balance between the rights of landowners and the responsibility and authority of the City to review and regulate the subdivision of land and the installation of improvements;
Provide for accurate, clear and concise legal descriptions of real estate to prevent boundary disputes or real estate title problems; and
Provide for a balance between the rights of individual landowners and the economic, social and environmental concerns of the public.

Intent.

The intent of the regulations, procedures and standards set forth in this chapter is to:
1. Create a compact, contiguous, connected and efficient community;
2. Conserve the value of property throughout the community;
3. Encourage efficient urban development patterns;
4. Protect soil from wind and water erosion;
5. Lessen congestion in the streets;
6. Secure safety from fire, flood, panic and other dangers;
7. Provide adequate light and air;
8. Prevent overcrowding of the land;
9. Avoid undue dispersal of population;
10. Promote conservation and the efficient use of energy resources and reasonable access to solar, wind and other renewable energy;
11. Provide for the regulation and control of public facilities and services such as transportation, water, sewage disposal, sanitation, schools, recreation areas and other public improvements; and
12. Encourage development.

Authority.

General. The City Council is authorized by the provisions of the Code of Iowa, as amended, to review and consider approval of subdivision plats within its corporate boundary.
Extraterritorial Jurisdiction. Pursuant to authority granted in the Code of Iowa, as amended, and any 28E agreements with other jurisdictions, the City shall review all subdivisions created within the State of Iowa which are outside of its corporate limits but are within up to two (2) miles from the City’s corporate boundary, provided a copy of the City’s Subdivision Ordinance and the limits of its Extraterritorial Subdivision Jurisdiction are recorded with the Woodbury County Recorder and the Plymouth County Recorder.

Interpretation.

The regulation of subdivisions and subsequent development of land is an implementation of the City's Comprehensive Plan.
Land shall not be subdivided until adequate improvements as determined by the City Council such as, water and sanitary sewer and storm water drainage exist or are ensured.
Public improvements shall conform to the approved:
1. SUDAS Manual;
2. Subdivision Ordinance;
3. Complete Streets Policy;
4. Bike Trails Plan;
5. Parks Plan;
6. MUTCD Manual, and
7. Any other approved policies of the City of Sioux City.
The provisions of this chapter shall be held to be the minimum requirements for the protection of the public health, safety and general welfare and are not intended to limit or annul any more restrictive regulation or private agreements.
Jurisdiction. The regulations in this chapter shall apply to any division, subdivision or re-subdivision of a lot, tract, or parcel of land lying within its corporate boundaries or within any area up to two (2) miles distant from the corporate boundaries within the State of Iowa either for the purposes of sale or transfer of land for building or other development whether immanent, future, or for tax purposes.

When required.

A subdivision final plat and, where required by this chapter, a preliminary plat, shall be made when a tract of land is divided or subdivided into three (3) or more parcels irrespective of whether or not it is subdivided by simultaneous or repeated division, a quantity description, or a metes and bounds description and regardless of whether or not a plat of survey has been recorded or by any other means. However, a parcel severed by an existing road, or other natural and permanent divider, shall be considered two (2) separate parcels without additional platting.
Parcels existing prior to March 23, 2015 shall be assumed to have been created lawfully under this section.
These regulations shall not restrict the acceptance or granting of deeds or other dedications of land by the City or other governmental agencies when such action is in the public interest and not for the purposes of circumventing these regulations.

Exceptions.

It must be recognized that some areas of the City with rugged terrain, or some existing developed areas that through the City’s urban renewal processes need to be redeveloped, cannot realistically be developed or redeveloped in a manner consistent with City policies if all subdivision regulations are followed to the letter. For these areas, in order to allow the implementation of City development, redevelopment and/or urban renewal/reinvestment policies, primarily the Comprehensive Plan and relevant urban renewal plans, from time to time strict regulatory development standards must be replaced by procedural review to allow necessary relaxation of some subdivision regulations but only after detailed review to ensure that the intent of the ordinance as stated herein is carried out.
The City Council may, but is not obligated to, make exceptions, modify or defer the requirements of this chapter based upon written findings that strict compliance may result in extraordinary hardship or practical difficulties and/or that such relief may better serve the purposes of these regulations as well as the following policies:
1. The Comprehensive Plan;
2. The SUDAS Manual;
3. The City Supplement to the SUDAS Manual;
4. Best engineering practices as interpreted by the City Engineer;
5. Other adopted City policies.
No such exception, modification or deferral may be approved that has the effect of nullifying the intent and purpose of this chapter or is more than the minimum relief necessary for the hardship or difficulty cited.
The City Council may impose conditions as needed to assure that the purpose and intent of these regulations are met.
Specific actions that may justify exceptions to this chapter include but are not limited to:
1. Excessive grading required to meet the above policies and practices.
2. Excessive damage done to the environment in order to meet the above policies and practices.
3. Inability to extend utilities to property in order to meet the above policies and practices due to topography.
4. Inability to extend utilities to property in order to meet the above policies and practices due to cost.
5. When the tract of land is of such an unusual shape that implementation of the above City policies and other policies as approved by the City Council is impractical or impossible.
6. When ownership patterns around the property to be subdivided make it impossible or excessively difficult to implement the above City policies.
7. The need to resolve conflicts between conflicting sets of regulations and standards.
8. Existing development patterns that make redevelopment excessively difficult.

Enforcement.

The Administrator shall administer the provisions of this chapter.
No certificate of zoning compliance, no building permit, no grading permit nor certificate of occupancy shall be issued for any parcel of land divided contrary to the provisions of this chapter.
Creation of any parcel of land divided contrary to the provisions of this chapter shall constitute a municipal infraction against the person recording the document creating said parcel.

(Ord. 2020-0858; 2015-0215)

Effective on: 12/1/2020

25.04.020 Classification of Plats

Simple Divisions. A division of a lot, tract or parcel into two (2) parcels for which no construction of improvements is required is a simple division.

Minor Subdivisions.

A subdivision plat that creates three (3) or more lots for which no construction of public utilities, streets, and no grading is proposed is considered to be a minor subdivision. An otherwise major subdivision may be classified as a minor subdivision by the Administrator based upon a finding that the improvements or grading proposed is of so minor in scale that no public interest would be served by submittal, review and approval of a preliminary plat.
A minor subdivision may also include post-development improvements such as street lights, storm water detention, sidewalks.
A developer is not required to submit a minor subdivision preliminary plat prior to submitting a minor subdivision final plat. However, if, during the review of the final plat, City staff, the Planning and Zoning Commission or the City Council determines a need for more information, submission of specific material that would have been a part of a preliminary plat may be required.

Major Subdivision. A plat that is not a minor subdivision because it requires construction of public improvements or significant grading is considered to be a major subdivision.

Auditor's Plat.

An auditor's plat is a plat required by the County Auditor in accordance with the provision of the Code of Iowa, as amended, because either:
1. An existing subdivision plat or plat of survey was not in compliance with the requirements of the Code of Iowa, as amended; or
2. The descriptions of one (1) or more parcels within a tract are not sufficiently certain and accurate for the purposes of assessment and taxation.

(Ord. 2020-0858; 2015-0215)

Effective on: 12/1/2020

25.04.030 Simple Divisions

Approval Procedure.

The procedure for creating a simple division begins with the owner of the subject property causing a survey of the land to be split to be drawn. The survey is then recorded with the County Recorder.
There is no formal City approval process for simple divisions.
1. Simple divisions may have an administrative review by City departments to determine if the parcels in the division are in compliance with all Municipal Code requirements.
2. If the administrative review of the plat of survey or other evidence of a division of land determines that the division requires provision of public facilities or otherwise is not in compliance with all Municipal Code requirements, the owner shall be informed that the division is in violation of City standards and that the City shall issue no permits until a subdivision plat has been prepared, reviewed, approved and recorded pursuant to this chapter.
3. Failure to prepare said subdivision plat may result in issuance of a citation for a municipal infraction.

(Ord. 2020-0858; 2015-0215)

Effective on: 12/1/2020

25.04.040 Minor Subdivisions

Approval Procedure.

Minor Subdivision Preplat Conference.
1. Attendance at a Minor Subdivision Preplat Conference is a required step in the process for approval of a minor subdivision. For a Minor Subdivision Preplat Conference, the developer shall request a preplat conference and provide a sketch plan of the proposal.
2. The purpose of a Minor Subdivision Preplat Conference is to acquaint City staff and any public and private utility providers with the proposed subdivision and to acquaint the developer with the procedures and standards of the City and the public and private utility providers.
3. For a Minor Subdivision Preplat Conference, the developer shall request a preplat conference and provide a sketch plan of the proposal.
4. When a Minor Subdivision Preplat Conference is requested, the Administrator shall set the time and place and send meeting notices to representatives of the appropriate City departments and public and private utility providers as well as to the developer and the developer's professional engineer and/or professional land surveyor who must currently be licensed in the State of Iowa. The preplat conference shall be held within fourteen (14) calendar days of receiving the application.
5. Minor Subdivision Sketch plan. Information to be included in the minor subdivision sketch plan is:
  1. The location of the proposed subdivision;
  2. The general location of any existing and proposed streets; and
  3. The arrangement of lots and land uses in relation to the surrounding area.
6. Improvements required for Minor Subdivision Final Plats.
  1. Streetlights (where appropriate in the determination of the City Engineer);
  2. Storm water detention;
  3. Sidewalks in a manner consistent with Subsection 25.04.080(1)(o);
  4. Private water and sewer service lines within two hundred (200) feet of a public water and/or sewer mains.
Minor Subdivision Final Plat.
1. Preliminary plat approval is not a required step in the approval process for a minor subdivision.
2. Final plat approval is a required step in the approval process for a minor subdivision.
3. Minor subdivision final plats are not required to follow, nor to be consistent with any preliminary plat, but the minor subdivision final plat does require review and recommendation by the Planning and Zoning Commission.
4. The developer shall prepare and file a minor subdivision final plat, supporting materials, and application with the Planning and Real Estate Division of the Economic and Community Development Department for review and approval in accordance with the application requirements listed below:
  1. A completed application for approval of a minor subdivision final plat;
  2. The location of the proposed subdivision;
  3. Names, addresses, telephone numbers and e-mail addresses of the owner(s), developer, professional engineer or professional land surveyor (both must be currently licensed in the State of Iowa) or any of their agents;
  4. A nonrefundable filing fee, as established by resolution of the City Council, to defray administrative costs;
  5. One (1) digital and five (5) paper copies of the final plat in a size acceptable to the County Recorder.
5. The required contents of the minor subdivision final plat are:
  1. Names, addresses, telephone numbers and e-mail addresses of the owner(s), developer, and professional land surveyor (who must be currently licensed in the State of Iowa);
  2. A title in the form of "Final Plat of (proposed name of the subdivision)". Re-subdivisions shall be labeled as such in a subtitle;
  3. A legal description of the property with a statement of the area of the property rounded to the nearest 0.1 acre;
  4. North arrow and graphic scale;
  5. An accurate map of the final plat drawn at a scale of one (1) inch equals one hundred (100) feet unless a different scale has been approved by the Administrator. The map shall include:
    1. A layout in plan view of the subdivision, which illustrates the layout of:
      1. Lots;
      2. Outlots;
      3. Easements;
      4. Abutting Streets.
    2. All dimensions necessary for locating said lots, outlots, easements and monuments shall be shown in measurements accurate to the nearest 0.01 foot and to the nearest second of angular measurement;
    3. Curve data shall be shown either in tabular form or radius dimensions on the map;
    4. The location and description of all benchmarks and monumentation of lot corners;
    5. The following documents required in Section 354.11 of the Iowa Code for recording a subdivision shall either accompany or be on the face of the final plat in a form acceptable to the County Recorder:
      1. Dedication Certificate;
      2. City Council Resolution Certificate;
      3. Owners Consent to Plat;
      4. City Engineer’s Certificate (If the property is within the corporate limits of Sioux City);
      5. County Engineers Certificate (If the property is in Woodbury or Plymouth County);
      6. Title Opinion;
      7. City Treasurer’s Certificate;
      8. Auditor’s Approval of Subdivision Name;
      9. Auditor and Recorder’s Certificate of Recording;
      10. Certificate referencing the Annexation Agreement (If the property is in Woodbury or Plymouth County).
    6. For extraterritorial subdivision final plats, an agreement signed by the owner, binding future owners to petition for voluntary annexation of the property at such time as annexation becomes permissible under the Code of Iowa. Said agreement shall be recorded by the City in the office of the jurisdiction's County Recorder prior to recording the final plat. In the case of such extraterritorial subdivision final plats, the resolution approving the final plat shall reference the agreement with roll and image numbers and the agreement shall be cross referenced with the final plat by the jurisdiction's County Recorder.
    7. A certification by the City engineering division that:
      1. The final plat meets requirements for closure;
      2. Any relevant storm water detention requirements have been met and maintenance assured;
      3. Any relevant street lighting requirements have been met and/or are assured;
      4. Any relevant sidewalk requirements have been met.
    8. Flood hazard addendum.
      1. If any part of a subdivision is located in a flood plain as defined in Subchapter 25.04-D or by a flood insurance rate map (FIRM) published by the Federal Emergency Management Agency, a flood hazard addendum shall be filed and recorded with the final plat in the office of the County Recorder. A statement acknowledging that a flood hazard addendum exists shall be on the face of the final plat.
      2. The form of the flood addendum shall be a duplicate of the final plat with an indication by patterns or lines and annotations of the boundaries of the flood plain and the base flood elevation.
      3. The date of the flood hazard determination shall be indicated.
      4. Any graphic materials prepared on computer aided drafting systems shall also be submitted on electronic media.
6. Complete minor subdivision final plat submittals shall be included on the agenda of the Planning and Zoning Commission in accordance with the established administrative schedule.
7. The Planning and Real Estate Division of the Economic and Community Development Department shall distribute copies of the minor subdivision final plat to the Planning and Zoning Commission, the appropriate City departments and public and private utility providers.
Staff Review. The appropriate City departments, public agencies, County offices and public and private utility providers shall review the subdivision final plat and prepare reports of their findings. Their comments shall be submitted to the Planning and Zoning Commission prior to the public meeting on the minor subdivision final plat.
1. The City engineering division staff shall specifically comment on the closure of the perimeter of the minor subdivision final plat.
2. The appropriate County Recorder’s office shall specifically comment on the acceptability of the Subdivision name on the Final Plat.
Planning and Zoning Commission review.
1. The Planning and Zoning Commission shall conduct a public hearing on all complete minor subdivision final plat applications.
2. Notice of the date, time and location of the public meeting will be mailed to the owners of all property within two hundred (200) feet of the perimeter of the subject property not less than four (4) nor more than twenty (20) calendar days prior to the date of the public meeting.
3. The Planning and Zoning Commission shall review the minor subdivision final plat, staff reports, and other information as may be brought forward during the public hearing to determine whether the minor subdivision final plat conforms to the ordinances, Comprehensive Plan and other policies of the City.
4. Within forty-five (45) calendar days from the filing of the minor subdivision final plat with the Administrator, the Planning and Zoning Commission shall forward a report of its finding and a recommendation to the City Council with a copy of the report and recommendation to the owner, the developer, and the professional engineer and/or professional land surveyor. If the Planning and Zoning Commission fails to forward a recommendation to the City Council within forty-five (45) calendar days from the completed minor subdivision final plat submittal, the developer may request that the minor subdivision final plat be forwarded to the City Council for review and consideration with no recommendation. The recommendation shall be in the form of a resolution to be certified as part of the minor subdivision final plat materials. A copy of the report and the resolution shall also be forwarded to the owner, the developer and the professional land surveyor for the subdivision. If the Planning and Zoning Commission fails to forward a recommendation to the City Council within forty-five (45) calendar days from the completed minor subdivision final plat submittal, the developer may request that the minor subdivision final plat be forwarded to the City Council for review and consideration with no recommendation.
City Council review. The City Council shall review the subdivision final plat, staff reports, report and recommendations of the Planning and Zoning Commission and any other relevant information to determine whether said minor subdivision final plat conforms to the ordinances, the Comprehensive Plan and other policies of the City. Within thirty (30) calendar days from receipt of the report and recommendations of the Planning and Zoning Commission, the City Council shall approve, approve with conditions, or disapprove the minor subdivision final plat. The City Council may table the matter with the consent of the developer. If the minor subdivision final plat is found to conform to all relevant City policies and all sections of the Municipal Code, and the Comprehensive Plan, it shall be approved. Approval shall be in the form of a resolution to be certified as part of the minor subdivision.
Effect of Minor Subdivision Final Plat Approval.
1. An approved minor subdivision final plat authorizes the developer to proceed with the process of securing needed City signatures on the final plat.
2. The City Clerk shall not sign the minor subdivision final plat until all other necessary City signatures have been affixed to the minor subdivision final plat and all post-approval requirements have been met.
3. Subdivision Improvement Installation Agreements ensuring the installation of the following improvements must be signed prior to approval of the minor subdivision final plat:
  1. Sidewalks to be installed within five (5) years;
  2. Detention Pond Construction;
  3. Detention Pond Maintenance Agreement;
  4. Street Light Installation Agreement (If necessary);
  5. As-built plans (if relevant);
  6. Extraterritorial Annexation Agreements, if applicable.
4. The City Clerk shall not sign the minor subdivision final plat until all other necessary City signatures have been affixed to the minor subdivision final plat and all post-approval requirements have been met.

(Ord. 2020-0858; 2015-0215)

Effective on: 12/1/2020

25.04.050 Major Subdivisions

Approval Procedure.

Major Subdivision Preplat Conference.
1. Attendance at a Major Subdivision Preplat Conference is a required step in the process for approval of a major subdivision.
2. For a Major Subdivision Preplat Conference, the developer shall request a preplat conference and provide a sketch plan of the proposal.
3. The purpose of a Major Subdivision Preplat Conference is to acquaint City staff and public and private utility providers with the proposed subdivision and to acquaint the developer with the procedures and standards of the City and public and private utility providers.
4. When a Major Subdivision Preplat Conference is requested, the Administrator shall set the time and place and send meeting notices to representatives of the appropriate City departments and public and private utility providers as well as to the developer and the developer's professional engineer and/or professional land surveyor who must currently be licensed in the State of Iowa. The preplat conference shall be held within fourteen (14) calendar days of receiving the application.
5. Major Subdivision Sketch Plan. The developer shall provide a major subdivision sketch plan showing the location of the proposed major subdivision, the general location of any existing and proposed streets and other improvements and the arrangement of lots and land uses in relation to the surrounding area.
Major Subdivision Preliminary Plat Application.
1. Preliminary plat approval is a required step in the approval process for a major subdivision.
2. The developer shall prepare and file a preliminary plat and supportive materials with the Planning and Real Estate Division of the Economic and Community Development Department for review and approval in accordance with the list of application requirements listed below:
  1. A completed application for approval of a major subdivision preliminary plat;
  2. Names, addresses, telephone numbers and e-mail addresses of the owner(s), developer, professional engineer or professional land surveyor (both must be currently licensed in the State of Iowa) or any of their agents;
  3. A nonrefundable filing fee, as established by resolution of the City Council, to defray administrative costs;
  4. One (1) digital and five (5) paper copies of the preliminary plat;
  5. Existing and proposed zoning district classifications.
Grading Prior to Approval.
1. Upon submission of a grading plan, all work being done on the subdivision, if any, shall cease pending approval of the preliminary plat as set forth herein. The developer shall not commence any further work in this area until such approvals are granted.
2. The major subdivision preliminary plat shall contain all the information listed below:
  1. A layout in plan view of the subdivision, including:
    1. The boundary and dimensions of the proposed subdivision in relation to monuments for two (2) U.S. public land survey system corners or two (2) corners of a recorded subdivision;
    2. Dimensions and bearings of lots and rights-of-way;
    3. Sequential numbering of lots shall also be indicated;
    4. Outlots, labeled either as unsuitable for building reserved for future development, or reserved for a different use such as storm water detention shall be indicated by sequential letter labels;
    5. Street names (which need not be the final names as shown in the final plat) and approximate grade shall be indicated;
    6. Existing utility systems, including facility size and location, for water, sanitary sewer and storm drainage facilities;
    7. Preliminary plans for proposed public improvement systems shall be indicated;
    8. Existing gas mains, pipelines, electric transmission and distribution lines, and telecommunication lines;
    9. Existing and proposed easements for public and private utilities, drainage and access;
    10. Dimensions and bearings (if different from another given boundary) of the boundaries of the easements shall be shown;
    11. Approximate boundaries of areas subject to floods as indicated on the Official Flood Plain Zoning Map adopted by Subsection 25.04.190.4 of the Municipal Code;
    12. Names of all adjoining subdivisions;
    13. On preliminary plats that show dead end or cul-de-sac streets, a study prepared in partnership with City staff must accompany the final plat analyzing the possibilities of street extensions;
    14. Grading plans, either separately or on the preliminary plat map, including existing and proposed topography, proposed slopes and compaction rates as required for a grading permit application in Chapter 20.30 of the Municipal Code including a drainage report and an erosion control plan that meet the requirements set forth in SUDAS. The grading plan must describe the intended final grading of the subdivision even if the intent is to leave significant phases of the grading to be completed as part of the development of individual lots after the final subdivision plat has been approved;
    15. Any graphic materials prepared on computer aided drafting systems shall also be submitted on electronic media;
    16. Lots must be graded so that driveways to houses on said lots can meet SUDAS requirements;
    17. Other pertinent information requested by representatives of City departments or public utilities.
3. If the major subdivision preliminary plat proposes streets, City Planning Staff, upon consultation with City engineering staff, SIMPCO MPO Staff and Iowa DOT Staff shall determine what classification; Arterial, Collector, or Local Service said streets shall be. The classification shall be noted on the major subdivision preliminary plat and final plat. The streets shall be built to the SUDAS and City standards, including the right-of-way width and the paving width of the designated classification. Upon final decision by the City Council said classification shall guide City decision making and the City shall request through SIMPCO and the Iowa DOT that the Federal Functional Classification maps be updated accordingly.
4. Complete major subdivision preliminary plat submittals shall be included on the agenda of the Planning and Zoning Commission in accordance with the established administrative schedule.
5. The Planning and Real Estate Division of the Economic and Community Development Department shall distribute copies of the major subdivision preliminary plat to the Planning and Zoning Commission, the appropriate City departments and public and private utility providers.
Staff Review.
1. The appropriate City departments, public agencies and public and private utility providers shall review the major subdivision preliminary plat and prepare reports of their findings. Their comments shall be submitted to the Planning and Zoning Commission prior to the public meeting on the major subdivision preliminary plat.
2. City engineering division staff shall specifically review the public improvements and grading plan, including the drainage report and erosion control plan. Upon completion of said review, the City engineering division staff shall provide their report and specifically provide comment on the conformance or lack of conformance with subdivision preliminary plat as well as conformance of the major subdivision preliminary plat with the SUDAS manual and the grading standards set forth in Chapter 20.30 of the Municipal Code.
Planning and Zoning Commission Review.
1. The Planning and Zoning Commission shall conduct a public hearing on the major subdivision preliminary plat.
2. Notice of the date, time and location of the public hearing will be mailed to the owners of all property within two hundred (200) feet of the subject property not less than four (4) nor more than twenty (20) calendar days prior to the date of the public hearing.
3. The Planning and Zoning Commission shall review the major subdivision preliminary plat, staff reports and other information as may be brought forward during the public meeting to determine whether the major subdivision preliminary plat conforms to the ordinances, Comprehensive Plan and other policies of the City. Within forty-five (45) calendar days from the filing of the major subdivision preliminary plat with the Administrator, the Planning and Zoning Commission shall forward a report of its finding and a recommendation to the City Council with a copy of the report and recommendation to the owner, the developer, and the professional engineer and/or professional land surveyor, both currently licensed in the State of Iowa for the subdivision. If the Planning and Zoning Commission fails to forward a recommendation to the City Council within forty-five (45) calendar days from the completed major subdivision preliminary plat submittal, the developer may request that the major subdivision preliminary plat be forwarded to the City Council for review and consideration with no recommendation. The recommendation shall be in the form of a statement to be filed as part of the major subdivision preliminary plat materials. A copy of the statement shall also be forwarded to the owner, the developer, the professional surveyor and the professional engineer for the subdivision.
4. City Council review. The City Council shall review the major subdivision preliminary plat, staff reports, report and recommendations of the Planning and Zoning Commission and any other relevant information to determine whether said major subdivision preliminary plat conforms to the ordinances, the Comprehensive Plan and other policies of the City. Within thirty (30) calendar days from receipt of the report and recommendations of the Planning and Zoning Commission, the City Council shall approve, approve with conditions, or disapprove the major subdivision preliminary plat. The City Council may table the matter with the consent of the developer. If the major subdivision preliminary plat is found to conform to all relevant City policies, all sections of the Municipal Code, and the Comprehensive Plan, it shall be approved. Approval shall be in the form of a motion and statement to be certified as part of the major subdivision preliminary plat.
Effect and Duration of Major Subdivision Preliminary Plat Approval.
1. An approved major subdivision preliminary plat authorizes the developer to proceed with detailed engineering design of public improvements which shall conform to the SUDAS Manual and/or the City supplements to the SUDAS Manual. The approval also constitutes the issuance of a grading permit. All grading must conform to the grading plan portion of the preliminary plat.
2. It is the City’s intent that preliminary plats include all of the land the developer intends to develop in the foreseeable future. The preliminary plat is intended to show the future development patterns anticipated by the developer. Such preliminary plats likely will indicate multiple phases of development lasting multiple years.
3. The approval of a major subdivision preliminary plat by the City Council is valid for a period of one (1) calendar year. If a major subdivision final plat for all or a portion of the area within the major subdivision preliminary plat has not been filed within one (1) year, the approval shall be void unless the Administrator approves a time extension.
4. The decision whether or not to approve a time extension shall be based on consistency with City and State development regulations, consistency with the approved major subdivision preliminary plat, consistency with proper engineering practices as determined by the City Engineer, progress made on the construction of those phases under construction and other activities the developer has taken on the property since preliminary plat approval.
5. It is expected that work will not begin on some phases of the preliminary plat for a significant amount of time after preliminary plat approval.
Detailed Engineering Plans.
1. Review of Detailed Engineering Plans.
  1. Upon final approval of a major subdivision preliminary plat, the developer, in addition to being able to begin grading, shall submit detailed engineering plans to the City Engineer for review. The grading shown on the preliminary plat shall be the final grading plan, and the approved preliminary plat the defacto grading permit. In all cases, the term “City Engineer” shall refer to the “engineer for the City of Sioux City or his/her designee”. Any approved grading plans must be consistent with the grading shown on the preliminary plat. The detailed engineering plans shall contain the following information where applicable and shall be designed according to the underlying requirements listed as follows:
  2. The detailed set of engineering plans shall include the information consistent with, but not limited to, required specifications listed below:
    1. Main water distribution system including but not limited to flushers and other necessary appurtenances to provide safe and reliable water service;
    2. Subdrains required, but not limited to all streets with a grade exceeding 6%;
    3. Entrances (curb cuts);
    4. Private Street. Private streets are prohibited in Sioux City;
    5. Footing Drain Collector. If required by the City Engineer shall be built to SUDAS Standards;
    6. Main (Trunk) Sanitary Sewer. Main (Trunk) Sanitary Sewers shall be built to SUDAS Specifications; Best Engineering practices as determined by the City Engineer, and Iowa DNR permits are required;
    7. Sanitary Sewer Lift Station (if needed) shall be built to SUDAS Specifications and Best Engineering;
    8. Sanitary Sewer Service Stub shall be built to SUDAS Specifications. City permits shall be required;
    9. Public Storm Sewer shall be built to SUDAS Specifications. Best Engineering practices as determined by the City Engineer. Federal and State permits will be required;
    10. Private Storm Sewers shall be built to SUDAS Specifications. City, Federal and State permits will be required;
    11. Runoff Detention ponds shall be built to SUDAS Specifications and Best Engineering practices as determined by the City Engineer. City, Federal and Iowa DNR permits will be required. Private maintenance provisions shall be required;
    12. Ditches shall be built to SUDAS Specifications and Best Engineering practices as determined by the City Engineer. City, Federal and Iowa DNR 401 Water Quality and NPDES permits will be required. U.S. Army Corps of Engineers for a 404 permit may be required;
    13. Water Service Stubs shall be built to SUDAS Specifications and Best Engineering practices as determined by the City Engineer. City permits shall be required. Boring will be required.
Effect of approval of detailed engineering plans.
1. Once a complete set of detailed engineering plans is submitted to the City Engineer or his/her designee, the City Engineer, shall review the plans for consistency with the preliminary plat, with SUDAS specifications, and City standards set out elsewhere in the Municipal Code and consistency with Best Engineering practices.
2. Plan sets that are incomplete will be returned to the developer with the deficiencies noted. Incomplete site plans will not be reviewed.
3. Within twenty-one (21) calendar days of submission of a complete set of detailed engineering plans, the City Engineer or his/her designee shall provide the developer with a stamped set of approved plans or a set of unapproved plans listing the deficiencies.
4. If approved, the City Engineer or his/her designee shall affix his stamp to the plan set. Only stamped plan sets shall be used to guide development.
5. It shall be the policy of the City of Sioux City to make every effort to complete the review of complete plans sets within twenty-one (21) calendar days. However, very large subdivision proposals or subdivision proposals involving very difficult engineering solutions may take longer to review.
6. The developer shall pay a nonrefundable engineering review fee, as established by resolution of the City Council, to defray the cost of the initial engineering review as noted above. Said initial engineering review fee shall include one (1) follow-up review. Additional fees shall be charged for any subsequent follow up reviews.
7. Upon approval of the detailed engineering plans, the City Engineer shall provide a letter to the developer and to City Planning Division Staff advising that said plans have been approved and that construction of said improvements can begin.
8. Once approved, no construction or field changes can be made without written approval of those changes by the City Engineer or his field designee. Without said written approval field changes will not be considered approved.
9. Upon completion of the construction of the utility and street improvements that were part of the detailed engineering plans, and confirmation of completion by the City Engineer, the developer can apply for final plat approval.
10. Application requirements for major subdivision final plat approval are:
  1. If the Major Subdivision Final Plat is consistent with an approved and valid preliminary plat:
    1. A completed application for approval of a major subdivision final plat;
    2. Names, addresses, telephone numbers and e-mail addresses of the owner(s), developer, professional engineer, or professional land surveyor (both must be currently licensed in the State of Iowa) or any of their agents;
    3. A nonrefundable filing fee, as established by resolution of the City Council, to defray administrative costs;
    4. One (1) digital and five (5) paper copies of the final plat in a size acceptable to the County Recorder;
    5. For extraterritorial subdivisions plats, an agreement signed by the property owner, binding future owners to petition for voluntary annexation of the property at such time as annexation becomes permissible under the Code of Iowa;
  2. Approval procedures for final plats that conform with an approved preliminary plat:
    1. Upon receipt of an application to approve a final plat that the Administrator has determined to be conforming to an approved preliminary plat, staff of the Planning and Zoning Division of the Community and Economic Development Department shall, by e-mail, inform relevant City department and public utility providers of the proposal. Said providers shall respond within seven (7) calendar days about any concerns they have about the final plat;
    2. The Administrator shall consider the comments to determine if the proposed plat conforms to the preliminary plat;
    3. The engineering division of the Public Works Department shall also review the final plat to determine is all proposed utilities have been properly installed;
    4. The engineering division of the Public Works Department shall also review the proposed final plat for closure;
    5. If the Administrator determines that the proposed final plat conforms to the Preliminary Plat, the plat shall be placed on the City Council’s next available agenda;
    6. No public notice shall be required for this process.
  3. If the Major Subdivision Final Plat is not consistent with an approved and valid preliminary plat:
    1. Major subdivision final plats that do not conform to an approved and valid preliminary plat must be reviewed in the same manner and subject to the same requirements as a minor subdivision final plat as described in Section 25.04.040 of this Ordinance and in such case, there shall be no Presumption of Approval.
  4. The determination as to whether or not a final play conforms to any preliminary plat shall be made by the Administrator.
11. Major subdivision final plats shall contain the following:
  1. A layout in plan view of the subdivision, including:
    1. The boundary and dimensions of the proposed subdivision in relation to monuments for two (2) U.S. public land survey system corners or two (2) corners of a recorded subdivision;
    2. Dimensions and bearings of lots and rights-of-way. Sequential numbering of lots shall also be indicated. Outlots, labeled either as unsuitable for building or as reserved for future development, or reserved for a different use such as storm water detention, shall be indicated by sequential letter labels;
    3. Existing and proposed easements for public and private utilities, drainage and access;
    4. Dimensions and bearings (if different from another given boundary) of the boundaries of the easements shall be shown;
    5. Approximate boundaries of areas subject to floods as indicated on the Official Flood Plain Zoning Map adopted by Subsection 25.04.190.4 of the Municipal Code;
    6. Names of all adjoining subdivisions;
    7. Areas of fill in excess of two (2) feet shall be shown on a fill addendum;
    8. Any graphic materials prepared on computer aided drafting systems shall also be submitted on electronic media;
    9. Other pertinent information requested by representatives of City departments or public utilities
    10. For extraterritorial subdivisions plats, an agreement signed by the property owner, binding future owners to petition for voluntary annexation of the property at such time as annexation becomes permissible under the Code of Iowa.
  2. Major subdivision final plats shall contain the following certifications, all of which must be signed prior to recording of the plat:
    1. Dedication Certificate;
    2. City Council Resolution Certificate;
    3. Owners Consent to Plat;
    4. City Engineer’s Certificate (If the property is within the corporate limits of Sioux City);
    5. County Engineers Certificate (If the property is in Woodbury or Plymouth County);
    6. Title Opinion;
    7. City Treasurer’s Certificate;
    8. Auditor’s Approval of Subdivision Name;
    9. Auditor and Recorder’s Certificate of Recording;
    10. Certificate Referencing Annexation Agreement (If the property is in Woodbury or Plymouth County).
Planning and Zoning Commission review
1. The Planning and Real Estate Division of the Economic and Community Development Department shall distribute copies of the major subdivision final plat to the appropriate City departments and public and private utility providers.
  1. The appropriate City departments, public agencies and public and private utility providers shall review the major subdivision final plat and prepare reports of their findings. Their comments shall be submitted to the City Council prior to the public meeting on the major subdivision final plat.
  2. The City engineering division staff shall specifically comment on the conformance or lack of conformance of the major subdivision final plat to the approved major subdivision preliminary plat and closure of the perimeter of the major subdivision final plat.
  3. A major subdivision final plat that is consistent with a valid City Council approved preliminary plat need not be reviewed by the Planning and Zoning Commission.
2. A major subdivision final plat shall not be forwarded to the City Council for approval until the City Engineer has determined that all relevant improvements have either been properly installed or their installation is guaranteed as noted in Subsection 25.04.050(1)(g)(1)(B) of the Municipal Code.
City Council review. The City Council shall review the major subdivision final plat, staff reports, and any other relevant information to determine whether said major subdivision final plat conforms to the, ordinances, the Comprehensive Plan and other policies of the City. Within thirty (30) calendar days from receipt of the report and recommendations of the Planning and Zoning Commission, the City Council shall approve, approve with conditions, or disapprove the major subdivision final plat. The City Council may table the matter with the consent of the developer. If the major subdivision final plat is found to conform to all relevant City policies, ordinances and the Comprehensive Plan, it shall be approved. Approval shall be in the form of a resolution to be certified as part of the major subdivision final plat.
Effect of Major Subdivision Final Plat Approval.
1. The City Clerk shall not sign the major subdivision final plat until all other necessary City signatures have been affixed to the major subdivision final plat. After the major subdivision final plat is approved, but before the City signatures are affixed to the major subdivision final plat, the following must occur:
  1. One (1) set of "as-built" plans, in a format acceptable to, and approved by, the City Engineer, shall be submitted to the City Engineer prior to the time he or she affixes their signature to the major subdivision final plat if practical. If not, submission of “as built” plans shall be secured through a Subdivision Improvement Installation Agreements ensuring the submission of said plans in a reasonable time as determined by the City Engineer.
  2. Subdivision Improvement Installation Agreements ensuring the installation of the following improvements must be signed prior to approval of the major subdivision final plat:
    1. Sidewalks to be installed within five (5) years;
    2. Detention Pond Maintenance Agreement;
    3. Street Light Installation Agreement;
    4. Submission of “as built plans”;
    5. Extraterritorial Annexation Agreements executed prior to final plat approval.
2. An approved major subdivision final plat authorizes the developer to proceed with the process of securing needed City signatures on the major subdivision final plat and once secured, recording the plat.

(Ord. 2020-0858; 2015-0215)

Effective on: 12/1/2020

25.04.060 Guarantees of Performance

In lieu of the requirement that public improvements be completed prior to submission of the major subdivision final plat, the developer may enter into an agreement to complete said public improvements. Such agreement shall provide for completion and acceptance of said public improvements within one (1) year unless specifically extended by mutual agreement. The performance of such construction shall be assured by one of the following forms of security subject to approval by the City Attorney and acceptance by the City Council:

A cashier's check or an escrow account at an acceptable institution in an amount equal to 110% of the estimated cost of the public improvements to be constructed as approved by the City Engineer. The developer may withdraw or reduce the amount of the security in amounts approved by the City engineering division as public improvements are constructed and inspected. Not more than 90% of the security may be withdrawn prior to filing of the required maintenance bonds and acceptance of the public improvements by the City. An escrow account that requires only the signature of the City Finance Director or the City Treasurer for release of funds will meet the requirements of this form of security.
A surety bond issued by an acceptable insurance or bonding company upon which the developer is a principal and the City is the sole obligee. The bond shall be in an amount equal to 110% of the estimated cost of the public improvements to be constructed as approved by the City Engineer. The assignment of contractor's performance bonds will not satisfy this provision.
An irrevocable letter of credit from an acceptable financial institution in an amount equal to 110% of the estimated cost of the public improvements to be constructed as approved by the City Engineer. The letter of credit shall provide that if all required public improvements are not completed and accepted within the time allowed, the City may draw sufficient funds from the letter of credit to finance the construction of any remaining required public improvements.
A petition, waiver of notice and consent to special assessments for the design and installation by the City of the required public improvements. This form of security may be used when the time limit for performance is longer than one (1) year or undetermined. The petition, waiver and consent must be in a form that extends in effect to subsequent owners to assure that the public improvements will be constructed when feasible.
Post improvement utility installation shall be guaranteed by a Subdivision Improvement Installation Agreement.
The term of all Subdivision Improvement Installation Agreements shall begin on the date when the final plat is recorded.

(Ord. 2020-0858; 2015-0215)

Effective on: 12/1/2020

25.04.070 Auditor’s Plats

The County Auditor may submit an Auditor's plat for review and approval by the City Council upon recommendation of the Planning and Zoning Commission. If the Auditor's plat is found to comply with the standards for surveys in the Code of Iowa, as amended, and all relevant Municipal Code sections it shall be approved pursuant to Section 354.15 of the Code of Iowa, as amended, however, the approval of an Auditor’s plat shall not compel the City to accept for maintenance streets or public utilities within said plat that do not meet standards as set out in this chapter. The City may reserve the right to deny issuance of any permits or certificates if the Auditor's plat does not conform with the standards of this chapter for subdivisions including adequate public improvements required to serve developed property.

(Ord. 2020-0858; 2015-0215)

Effective on: 12/1/2020

25.04.080 Design Standards

General.

General standards for the design and layout of subdivisions are set forth in this section. This section lists improvements that must be shown on major subdivision preliminary plats assuming that information is applicable and then constructed accordingly. This section shows the standards, size, length and other measurements those improvements must be.
Specific standards for design of public improvements are found in the following policies:
1. The Comprehensive Plan.
2. The SUDAS Manual.
3. The City Supplement to the SUDAS Manual.
4. Best Engineering Practices as interpreted by the City Engineer.
5. Other adopted City policies.
6. Conformance with the Comprehensive Plan.
The location, classification, size and character of streets and other public facilities required for a subdivision shall conform to:
1. The Comprehensive Plan.
2. The SUDAS Manual.
3. The City Supplement to the SUDAS Manual.
4. Best Engineering Practices as interpreted by the City Engineer.
5. Other adopted City policies.
6. Conformance with the Comprehensive Plan.
Grading
1. Grading must be consistent with the approved preliminary plat.
2. Grading of the subdivision shall meet the standards for slopes, setbacks and compaction set forth in Subsection 25.04.050(1)(c)(2) of the Municipal Code and shall be otherwise consistent with the preliminary plat. Erosion control shall be provided during and after grading in accordance with the requirements of the SUDAS Manual and the City Supplement to the SUDAS Manual.
Lots and Blocks.
1. Block length between intersecting streets shall be appropriate to serve circulation needs within and through the subdivision. Blocks longer than one thousand (1,000) feet should be avoided in residential areas.
2. Each lot in a subdivision shall have at least twenty-five (25) feet of frontage on a public street right-of way. Access cannot solely be from an alley.
3. Double-frontage lots are allowed in residential areas only in order to avoid driveways on major streets.
4. Side lot lines should be approximately perpendicular to the front lot line or radial to curved front lot lines. The minimum width and depth of lots shall be determined by the bulk regulations of the zoning district. Usable building sites shall remain when all required setbacks and easements are taken into account; corner lots should be wider than interior lots to allow for corner side yard setbacks.
5. The use of flag lots shall be encouraged when they can be used to allow for better use of development sites or to allow for innovative development designs.
Streets.
1. In general, all new streets shall conform to the following standards for streets built under the Subdivision Ordinance:
  1. Grade. All streets shall have a maximum grade of 10% and a minimum grade of 0.5%.
  2. Right-of-way.
    1. All residential local service streets, including residential local service streets leading to a cul-de-sac turn around, shall be dedicated with a 60-foot right-of-way.
    2. All rural local service streets shall be dedicated with a 66-foot right-of-way.
    3. All collector and commercial local service streets shall be dedicated with a 70-foot right-of-way.
    4. The required dedicated right-of-way for arterial streets shall be determined and approved by the City Engineer.
  3. Paving Width.
    1. All residential local service streets, including residential local service streets leading to a cul-de-sac turn around, shall be paved with a 31-foot (back of curb to back of curb) wide paved surface.
    2. All commercial local service streets, including commercial local service streets leading to a cul-de-sac turn around, shall be paved with a 37-foot (back of curb to back of curb) wide paved surface.
    3. All rural local service streets shall be paved with a 24-foot (back of curb to back of curb) wide paved surface. The Planning and Zoning Commission and the City Council upon recommendation of the City Engineer and the Administrator and based on the standards set forth in Subsection 25.04.010(7) may approve a nonpaved surface of at least twenty-four (24) feet.
    4. All arterial and collector streets shall be paved in a manner approved by the City Engineer based on the standards set forth in Subsection 25.04.010(7).
  4. Cul-de-sac turn around right-of-way.
    1. All residential cul-de-sac turn arounds shall be dedicated with a 50-foot turn around radius.
    2. All commercial cul-de-sac turn arounds shall be dedicated with a 60-foot turn around radius.
  5. Cul-de-sac turn around paving.
    1. All residential cul-de-sac turn arounds shall be paved with a 35-foot turn around radius.
    2. All commercial cul-de-sac turn arounds shall be paved with a 50-foot turn around radius.
  6. Cul-de-sac turn around length. No cul-de-sac of any type shall exceed six hundred (600) feet in length measured from the center of the turnaround to the center of the nearest street intersection provided the cul-de-sac is built in a manner consistent with Section 107 of the International Fire Code.
  7. The above standards are general; for detailed regulations refer to SUDAS Table 5C-1.02: Acceptable Roadway Elements.
  8. As it is the policy of the City of Sioux City to encourage traffic calming and improved street aesthetics, proposed streets that contain non-transportation amenities such as roundabouts, traffic circles, or medians shall be designed by, or have its design specifically approved by the City Engineer. The City Engineer shall, in combination with the Administrator, review the design for proper traffic flow and geometrics as dictated by Best Engineering practices as well as for landscaping, appearance and livability of the subdivision.
  9. Topography. Street patterns should conform to topography in order to maximize the utility of building sites with minimum grading.
Continuity and Alignment of Streets.
1. If practical, streets should be extensions of existing streets, but if an offset is necessary, it should be at least one hundred and twenty-five (125) feet from centerline of one intersecting street to the other.
2. Streets should intersect as nearly as possible to right angles with a minimum angle of intersection of 80°.
3. Streets should not terminate in a dead-end except at the edge of a subdivision when an extension is planned to extend the street farther in subsequent developments. Dead-end streets shall have a temporary turn-around on either dedicated right-of-way or temporary easements.
4. On preliminary plats which show dead-end or cul-de-sac streets, a study prepared in partnership with City staff must accompany the plat analyzing the possibilities of street extensions. Based on the City’s Comprehensive Plan and other approved City plans, streets with no desirability of extension should stop with enough distance between the end of the right-of-way and the property line to accommodate a lot. Streets with a likelihood or desirability of being extended must be extended to the limit of the subdivision plat filing in a manner that would allow the street to be extended so the right-of-way and paving meet the abutting property.
Cul-de-sacs.
1. Cul-de-sacs longer than six hundred (600) feet shall only be allowed where physical limitations prohibit other access to property, or where the street is expected or planned to be extended to connect with another part of the street system.
2. A turn-around of a design acceptable to the City Engineer shall be provided at the closed end of a cul-de-sac.
3. Sight distances. Maximum vertical and horizontal curvatures of streets are determined based upon sight distance factors set forth in the SUDAS Manual and the City Supplement to the SUDAS Manual.
Alleys. Alleys are not required, but are permitted when a second alternative means of access or frontage to property is desired. Alleys shall be paved to a width of sixteen (16) feet.
Drainage, Runoff and Flooding.
1. A drainage report, prepared by a professional engineer currently licensed in the State of Iowa must be submitted to the staff of the Planning and Real Estate Division of the Economic and Community Development Department. Said drainage report shall review existing and proposed drainage patterns. Said drainage report shall be prepared in accordance with Chapter 12.16 of the Municipal Code, Storm Water Management, and the SUDAS Manual including the City Supplement.
2. Approximate boundaries of areas subject to floods as indicated on the Official Flood Plain Zoning Map referenced by Subsection 25.04.190.4 of the Municipal Code shall be indicated on the preliminary plat.
3. Approximate boundaries of storm water retention/detention areas, wet lands streams, and wooded areas shall be indicated on the preliminary plat.
Sewage
1. All lots shall be served by public sanitary sewer facilities of sufficient capacity for the intended use of the property unless it is infeasible to extend sanitary sewer lines to the property. A lot where the nearest lot line, irrespective of the location of any proposed structures is more than two hundred (200) feet from the nearest public gravity sewer main capable of accommodating a residential sewer connection shall be considered infeasible to serve.
2. Lots that are infeasible to be served by sanitary sewer may be served by individual or group sanitary facilities subject to approval by the City's Inspection Services Division.
3. The standard diameter for a sanitary sewer main, subject to oversizing as may or may not be required by the City Engineer, shall be eight (8) inches or the size necessary to serve the proposed development whichever is greater.
4. On preliminary plats which show dead-end sanitary sewer lines, a study prepared in partnership with City staff must accompany the plat analyzing the possibilities of extending the sewer. Sewers with a likelihood of desirability of being extended must be designed so as to be able to be extended to the abutting property.
Water.
1. All lots shall be served by public water supply facilities of sufficient capacity for the intended use of the property unless it is infeasible to extend public water service to the property.
2. Lots that are infeasible to be served by public water supply facilities may be served by individual or group wells and water treatment subject to approval by the City's utilities department.
3. The standard diameter for a water main, subject to oversizing as may or may not be required by the City Engineer, shall be eight (8) inches or whatever is required to accommodate the developer’s project, whichever is larger.
4. On preliminary plats which show dead-end water mains, a study prepared in partnership with City staff must accompany the plat analyzing the possibilities of extending the water main. Mains with a likelihood or desirability of being extended must be designed so as to be able to be extended to the abutting property.
5. Looped mains are desirable and will be required unless determined to be physically infeasible by the City Engineer.
6. Service water lines to each lot shall be installed as part of the utility improvement installation unless specifically delayed until construction of the main structure to ensure proper water quality.
7. If water service is proposed to/in the subdivision, the developer shall review with City staff to determine which pressure zone the subdivision is in and its maximum service elevation. If the final proposed elevation of any lots in the proposed subdivision is within ten (10) feet of the maximum service elevation for said pressure zone the likely elevation of the building site on those lots shall be identified on the preliminary plat. The pressure zones and their maximum service elevations are as follows:

Grandview	1269
Indian Hills	1416
Morningside	1344
Western Hills	1378

Said pressure zones are described on the following map:

1. Storm Water.
  1. Storm water management within subdivisions shall be in conformance with the SUDAS Manual and/or the City Supplement to the SUDAS Manual. Storm water detention ponds shall be located and designed in a manner consistent with the approved preliminary plat and shall remain the property of the developer and/or homeowners' association who shall be responsible for the maintenance of said detention ponds.
2. Street Lights.
  1. If streets are proposed, a street lighting plan shall be proposed indicating the type of lighting and the location of lighting. The street lighting plan shall show street light spacing as follows:
  2. In the case of Residential Local Service Streets:
    1. One (1) street light at the end of each cul-de-sac.
    2. One (1) street light at each intersection.
    3. One (1) street light at any horizontal curve.
    4. One (1) street light every 250 feet in areas where the above conditions do not apply.
    5. Where cul-de-sacs exceed two hundred and fifty (250) feet in length, a mid-cul-de-sac light shall be shown.
  3. In the case of Residential Collector Streets:
    1. One (1) street light at each intersection.
    2. One (1) street light at any horizontal curve.
    3. One (1) street light every one hundred and twenty-five (125) feet in areas where the above requirements do not apply.
    4. In all other cases, such as commercial streets and arterial streets, street light spacing and globes, shall be determined by the City Engineer.
  4. Street Light Poles, Globes, and Wattages.
    1. Residential street lights shall consist of LED (Light Emitting Diode) fixtures.
    2. Residential street lights shall consist of 38 watt LED fixtures
    3. Unless specifically modified in writing by the City Engineer, residential street light poles shall be twenty-five (25) feet tall mounted on poles stocked by the City.
    4. Globes for residential street lights shall be of a type stocked by the City.
    5. Street light poles. Globes and wattages for LED fixtures on all streets shall be approved by the City Engineer.
    6. Street lighting shall be installed by the developer in conformance with the approved street lighting plan of the preliminary plat and other specifications of both the electric company (MidAmerican Energy, Woodbury County REC, or Plymouth County REC) where appropriate, and the City of Sioux City.
    7. Street lights shall be installed with electrical wires inside conduit approved by the City Engineer connecting multiple street lights within a subdivision.
    8. Installation of said street lights shall be assured by execution of a Subdivision Improvement Installation Agreement.
    9. With approval of the final plat, and approval of a Subdivision Improvement Installation Agreement if necessary by the City Council, street lights shall be dedicated to the City and the City shall become responsible for maintenance upon approval of their installation by the City Engineer.
3. Sidewalks.
  1. It shall be the policy of the City of Sioux City that bicycle and pedestrian circulation as well as vehicle circulation is an integral part of the City’s transportation system.
  2. Preliminary plats shall show sidewalks along all streets within subdivisions intended for residential, commercial, or industrial development unless the City Engineer approves a sidewalk installation waiver.
  3. Sidewalks along streets within subdivisions intended for residential or commercial development shall be five (5) feet wide and located in a manner consistent with the City's standard street cross section.
  4. Given that pedestrian traffic may or may not be compatible with industrial activities or traffic, sidewalks along streets within subdivisions intended for industrial development shall be required only in those cases where the City Engineer, Administrator and Fire Chief determines that sidewalks are necessary and appropriate. If required, sidewalks within subdivisions intended for industrial development shall be of the design, width, and location determined by the City Engineer.
  5. Sidewalks along lots or tracts that are not intended to be developed, such as outlots used for storm water detention or tracts reserved for open space shall be installed during subdivision construction and the final plat shall not be approved until the sidewalks are installed or assured.
  6. Sidewalks along lots that are intended to be developed with residences or commercial uses but that have not been so developed shall be installed within five (5) years after the date of plat approval. Said sidewalk installation shall be ensured by a Subdivision Improvement Installation Agreement that shall be signed at the time of plat approval and approved by the City Council.
  7. In the case of sidewalks in alignment with bicycle trails shown on the City's Trails Master Plan, the sidewalks shall be ten (10) feet wide.
  8. Trail extensions shall be constructed in a manner consistent with the City's Trails Master Plan.
  9. Sidewalks along lots that are intended to be developed with residences or commercial uses need not be installed until said lot is developed. In such cases, sidewalk installation shall be ensured as part of the building permit.
  10. In order to ensure that sidewalks are constructed in conformance with the Americans with Disabilities Act, the portion of sidewalks from the curb of an intersecting street to a point past where handicapped ramps and truncated dome panels that are consistence with ADA requirements are shown, shall be installed with other required improvements prior to final plat submission. In the event that this portion of sidewalk and/or ADA panels are damaged during construction of the building on the abutting lot, the City shall hold the purchaser of the lot and not the developer responsible for repair to said portion of the sidewalk.
4. Private Utilities.
  1. In the case of private utilities, all service lines shall be extended to each lot in a manner acceptable to the utility company.
  2. An easement for electrical, telephone, and other private utilities shall be shown at the intersection of each side lot line and right-of-way line. Said easements shall be ten (10) feet x ten (10) feet or five (5) feet x ten (10) feet along each side of the property line.
5. Prior to approval of the preliminary plat, the City’s Engineering staff shall determine where “stop signs”, “speed limit signs”, street name signs” and other similar public hardware should be located. The City shall fabricate the signs. During construction of the subdivision, the developer shall install said public hardware in conformance with approved plans. Upon approval of the final plat, the developer shall reimburse the City for the cost of fabrication and installation of said public hardware and the City shall take ownership of them.

(Ord. 2020-0858; 2015-0215)

Effective on: 12/1/2020

Sec. 25.04.130 Purpose and Application

Reserved

Effective on: 1/1/1901

Sec. 25.04.140 Drainage System

Reserved

Effective on: 1/1/1901

Sec. 25.04.150 Drainage Plans Required

Reserved

Effective on: 1/1/1901

Sec. 25.04.160 Continuing Maintenance

Reserved

Effective on: 1/1/1901

Sec. 25.04.170 Stormwater Management

Reserved

Effective on: 1/1/1901

Sec. 25.04.180 Stormwater Pollution Prevention

Reserved

Effective on: 1/1/1901

Sec. 25.04.200 Purpose and Application

Reserved

Effective on: 1/1/1901

Sec. 25.04.210 Construction Noise

Reserved

Effective on: 1/1/1901

Sec. 25.04.220 Vibration

Reserved

Effective on: 1/1/1901

Sec. 25.04.230 Air Quality

Reserved

Effective on: 1/1/1901

Sec. 25.04.240 Water Quality and Quantity

Reserved

Effective on: 1/1/1901

Sec. 25.04.250 Glare

Reserved

Effective on: 1/1/1901

Subsection 25.04.190.1 Findings of Fact

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.

The flood hazard areas of the City of Sioux City, Iowa are subject to periodic inundation which can result in loss of life and property and 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.

These flood losses, hazards and related adverse effects are caused by

a.
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
b.
The cumulative effect of obstructions on the floodplain causing increases in flood heights and flood water velocities.

This chapter relies upon engineering methodology for analyzing flood hazards which is consistent with the standards established by the Department of Natural Resources. This methodology consists of a series of interrelated steps including:

a.
Determination of flood magnitudes and the corresponding flood frequencies by statistical and engineering calculations which permits a consideration of such flood factors as expected frequency of occurrence, area inundated, and depth of inundation.
b.
Calculation of water surface profiles based upon a hydraulic engineering analysis of the capability of the stream channel and overbank areas to convey flood flows.
c.
Computation and delineation of a floodway, an area which must be reserved (no obstructions) for conveyance of flood flows so that flood heights and velocities will not be substantially increased by future encroachment on the floodplain.

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

25.04.190.2 Statement of Purpose

It is the purpose of this chapter to protect and preserve the rights, privileges and property of the city of Sioux City 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 25.04.190.1(2) of this chapter with provisions designed to:

1.
Reserve sufficient floodplain area for the conveyance of flood flows so that flood heights and velocities will not be increased substantially.
2.
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.
3.
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.
4.
Protect individuals from buying lands which may not be suited for intended purposes because of flood hazard.
5.
Assure that eligibility is maintained for property owners in the community to purchase flood insurance through the National Flood Insurance Program.

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.3 Lands to Which Chapter Applies

The provisions of this chapter shall apply to all lands within the jurisdiction of the City of Sioux City shown on the Official Floodplain Zoning Map as being within the boundaries of the Floodway, Floodway Fringe, General Floodplain, and Shallow Flooding (Overlay) Districts as established in Subsection 25.04.190.10.

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

25.04.190.4 Official Floodplain Zoning Map

The Flood Insurance Rate Map (FIRM) for Woodbury County and Incorporated Areas, City of Sioux City, Panels 19193C0011E, 19193C0012E, 19193C0016E, 19193C0017E, 19193C0018E, 19193C0019F, 19193C0036F, 19193C0037F, 19193C0038F, 19193C0039E, 19193C0045E, 19193C0050E, 19193C0176E, 19193C0177E, 19193C0181E, 19193C0182F, 19193C0184E, 19193C0191E, 19193C0192E, 19193C0193E, 19193C0194E, 19193C0201F, 19193C0202E, 19193C0203E, 19193C0204E, 19193C0212E, 19193C0225E, 19193C0360E, and 19193C0380E dated July 17, 2024, and Panel 19193C0013E dated March 2, 2015 which were prepared as part of the Flood Insurance Study for Woodbury County, are hereby adopted by reference and declared to be the Official Floodplain Zoning Map. The flood profiles and all explanatory material contained with the Woodbury County Flood Insurance Study are also declared to be a part of this chapter.

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.5 Rules for Interpretation of District Boundaries

The boundaries of the zoning district shall be determined by scaling distances on the Official Floodplain Zoning Map. Where interpretation is needed as to the exact location of a boundary the City Manager or their designee shall make the necessary interpretation. The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the City Manager or their designee in the enforcement or administration of this chapter.

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.6 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 chapter and other applicable regulations which apply to uses within the jurisdiction of this chapter.

(Ord. 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.7 Abrogation and Greater Restrictions.

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

(Ord. 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.8 Interpretation

In their interpretation and application, the provisions of this chapter 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.

(Ord. 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.9 Warning and Disclaimer of Liability

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the designated Floodplain (Overlay) District areas or land uses permitted within such districts will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Sioux City, Iowa or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.10 Establishment of Zoning Districts

1.
The floodplain areas within the jurisdiction of this chapter are hereby divided into the following districts:
1. a.
  Floodway (Overlay) District (FW) are those areas identified as Floodway on the Official Floodplain Zoning Map;
2. b.
  Floodway Fringe (Overlay) District (FF) are those areas identified as Zone AE on the Official Floodplain Zoning Map but excluding those areas identified as Floodway;
3. c.
  General Floodplain (Overlay) District (GF) are those areas identified as Zone A on the Official Floodplain Zoning Map; and
4. d.
  Shallow Flooding (Overlay) Districts (SF) are those areas identified as Zone AO or AH on the Official Floodplain Zoning Map.
2.
The boundaries shall be as shown on the Official Floodplain Zoning Map. Within these districts, all uses not allowed as Permitted Uses are prohibited unless a variance to the terms of this chapter is granted after due consideration by the Board of Adjustment.

Figure 25.04.190.10.1
Floodplain Cross Section and Floodway Map

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

25.04.190.11 Floodway (Overlay) District (FW)

Permitted Uses. The following uses shall be permitted within the Floodway District to the extent they are not prohibited by any other chapter (or underlying zoning district) and provided they do not include placement of structures, factory-built homes, fill or other obstruction, the storage of materials or equipment, excavation, or alteration of a watercourse.

a.
Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting.
b.
Industrial-commercial uses such as loading areas, parking areas, airport landing strips.
c.
Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking trails, biking trails, and horseback riding trails.
d.
Residential uses such as lawns, gardens, parking areas and play areas.
e.
Such other open-space uses similar in nature to the above uses.

Conditional Uses. The following uses which involve structures (temporary or permanent), fill, storage of materials or equipment, excavation, or alteration to a watercourse may be permitted only upon issuance of a Conditional Use Permit by the Board of Adjustment as provided for in Subsection 25.04.190.15(3). Such uses must also meet the applicable provisions of the Floodway District Performance Standards.

a.
Uses or structures accessory to open-space uses.
b.
Circuses, carnivals, and similar transient amusement enterprises.
c.
Drive-in theaters, new and used car lots, roadside stands, signs, and billboards.
d.
Extraction of sands, gravel, and other materials.
e.
Marinas, boat rentals, docks, piers, wharves.
f.
Utility transmission lines, underground pipelines.
g.
Other uses similar in nature to uses described in Subsection 25.04.190.11 which are consistent with the provisions of Subsection 25.04.190.11 and the general spirit and purpose of this chapter.

Performance Standards. All Floodway District uses allowed as a permitted or conditional use shall meet the following standards:

a.
No development shall be permitted in the Floodway District that would result in any increase in the base flood elevation. 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.
b.
All development within the Floodway District shall:
1. 1.
  Be consistent with the need to minimize flood damage.
2. 2.
  Use construction methods and practices that will minimize flood damage.
3. 3.
  Use construction materials and utility equipment that are resistant to flood damage.
c.
No development shall affect the capacity or conveyance of the channel or floodway or any tributary to the main stream, drainage ditch, or any other drainage facility or system.
d.
Structures, buildings, recreational vehicles and sanitary and utility systems, if permitted, shall meet the applicable performance standards of the Floodway Fringe District and shall be constructed or aligned to present the minimum possible resistance to flood flows.
e.
Structures, if permitted, shall have a low flood damage potential and shall not be for human habitation.
f.
Storage of materials or equipment that are buoyant, flammable, explosive or injurious to human, animal or plant life is prohibited. Storage of other material may be allowed if readily removable from the Floodway District within the time available after flood warning.
g.
Watercourse alterations or relocations (channel changes and modifications) must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved by the Iowa Department of Natural Resources.
h.
Any fill allowed in the floodway must be shown to have some beneficial purpose and shall be limited to the minimum amount necessary.
i.
Pipeline river or stream crossings shall be buried in the streambed and banks or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering or due to the action of the flood flows.

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

25.04.190.12 Floodway Fringe (Overlay) District (FF)

Permitted Uses. All development within the Floodway Fringe District shall be permitted to the extent that they are not prohibited by any other chapter (or underlying zoning district) and provided they meet applicable performance standards of the Floodway Fringe District.

Performance Standards. All development must be consistent with the need to minimize flood damage and shall meet the following applicable performance standards:

a.
Until a regulatory floodway is designated, no development may increase the Base Flood Elevation more than one (1) foot. The applicant will be responsible for providing the Department of Natural Resources with sufficient technical information to make such determination.
b.
All development shall
1. 1.
  Be designed and adequately anchored to prevent flotation, collapse or lateral movement,
2. 2.
  Use construction materials and utility equipment that are resistant to flood damage, and
3. 3.
  Use construction methods and practices that minimize flood damage.
c.
Residential Structures. All new or substantially improved residential structures shall have the lowest floor, including basements, elevated a minimum of one (1) foot above the base flood elevation. Construction shall be upon compacted fill which shall, at all points, be no lower than one (1) foot above the base flood elevation and extend at such elevation at least eighteen (18) feet beyond the limits of any structure erected thereon. Alternate methods of elevating (such as piers or extending foundations) may be allowed, subject to favorable consideration by the Board of Adjustment and issuance of a Conditional Use Permit, where existing topography, street grades, or other factors preclude elevating by fill. In such cases, the methods used must be adequate to support the structure as well as withstanding the various forces and hazards associated with flooding.
1. 1.
  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 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.
d.
Non-Residential Structures. All new and substantially improved nonresidential structures shall have the lowest floor (including basement) elevated a minimum of one (1) 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 of Iowa shall certify that the floodproofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 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 Administrator.
e.
All new and substantially improved structures:
1. 1.
  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:
  1. A.
    A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided.
  2. B.
    The bottom of all openings shall be no higher than one (1) foot above grade.
  3. C.
    Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
  4. D.
    Such areas shall be used solely for parking of vehicles, building access and low damage potential storage.
2. 2.
  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.
3. 3.
  New and substantially improved structures shall be constructed with electric meter, electrical service panel box, hot water heater, heating, air conditioning, ventilation equipment (including ductwork), and other similar machinery and equipment elevated (or in the case on non-residential structures, optionally floodproofed to) a minimum of one (1) foot above the base flood elevation.
4. 4.
  New and substantially improved structures shall be constructed with plumbing, gas lines, water/gas meters and other similar service utilities either elevated (or in the case of non-residential structures, optionally floodproofed to) a minimum of one (1) foot above the base flood elevation or designed to be watertight and withstand inundation to such a level.
f.
Factory-built homes:
1. 1.
  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 as required by the State Building Code.
2. 2.
  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 (1) foot above the base flood elevation.
g.
Utility and Sanitary Systems:
1. 1.
  All new and replacement sanitary sewage systems shall be designed to minimize and 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 (1) foot above the base flood elevation.
2. 2.
  On-site wastewater disposal and water supply systems shall be located or designed to avoid impairment to the systems or contamination from the systems during flooding.
3. 3.
  New or replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems. Water supply treatment facilities (other than on-site systems) shall be provided with a level of protection equal to or greater than one (1) foot above the base flood elevation.
4. 4.
  Utilities such as gas or electrical systems shall be located and constructed to minimize or eliminate flood damage to the systems and the risk associated with such flood damaged or impaired systems.
h.
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 (1) foot above the base flood elevation. Other material and equipment must either be similarly elevated or
1. 1.
  not be subject to major flood damage and be anchored to prevent movement due to flood waters or
2. 2.
  be readily removable from the area within the time available after flood warning.
i.
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 Iowa Department of Natural Resources.
j.
Watercourse alterations or relocations must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, the Department of Natural Resources must approve such alterations or relocations.
k.
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 chapter. 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 (5) acres or 50 lots (whichever is less) shall include base flood elevation data for those areas located within the Floodway Fringe (Overlay) District.
l.
Accessory structures to residential uses, 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:
1. 1.
  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.
2. 2.
  The structure shall be designed to have low flood damage potential. Its size shall not exceed 600 sq. ft. in size. Those portions of the structure located less than one (1) foot above the base flood elevation must be constructed of flood-resistant materials.
3. 3.
  The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters.
4. 4.
  Structures shall be firmly anchored to prevent flotation, collapse, and lateral movement which may result in damage to other structures.
5. 5.
  The structure's service facilities such as electrical and heating equipment shall be elevated or floodproofed to at least one (1) foot above the base flood elevation.
6. 6.
  The structure’s walls shall include openings that satisfy the provisions of Subsection 25.04.190.12 (2.e.1 and 2.) of this chapter.
7. 7.
  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.
m.
Recreational vehicles.
1. 1.
  Recreational vehicles are exempt from the requirements of Subsection 25.04.190.12(2.f.) of this chapter regarding anchoring and elevation of factory-built homes when the following criteria are satisfied.
  1. A.
    The recreational vehicle shall be located on the site for less than 180 consecutive days; and
  2. B.
    The recreational vehicle must be fully licensed and ready for highway use. A recreational vehicle is ready for highwa y 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.
2. 2.
  Recreational vehicles that are located on the site for more than 180 consecutive days or are not ready for highway use must satisfy the requirements of Subsection 25.04.190.12(2.f.) of this chapter regarding anchoring and elevation of factory-built homes.
n.
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.
o.
Maximum Damage Potential Development - All new or substantially improved maximum damage potential development shall have the lowest floor (including basement) elevated a minimum of one (1) foot above the elevation of the 500-year flood, or together with attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a professional engineer registered in the State of Iowa shall certify that the floodproofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 0.2% annual chance flood; and that the structure, below the 0.2% annual chance flood elevation is watertight with walls 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 Administrator. Where 0.2% chance flood elevation data has not been provided in the Flood Insurance Study, the Iowa Department of Natural Resources shall be contacted to compute such data. The applicant will be responsible for providing the Department of Natural Resources with sufficient technical information to make such determinations.

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

25.04.190.13 General Floodplain (Overlay) District (GF)

1.
Permitted Uses. All development within the General Floodplain District shall be permitted to the extent that they are not prohibited by any other chapter (or underlying zoning district) and provided they do not include placement of structures, factory-built homes, fill or other obstructions; the storage of materials or equipment; excavation; or alteration of a watercourse.
1. a.
  Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting.
2. b.
  Industrial-commercial uses such as loading areas, parking areas, airport landing strips.
3. c.
  Private and public recreation uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking trails, bike trails, and horseback riding trails.
4. d.
  Residential uses such as lawns, gardens, parking areas and play areas.
5. e.
  Review by the Iowa Department of Natural Resources is not required for the proposed construction of new or replacement bridges or culverts where:
  1. 1.
    The bridge or culvert is located on a stream that drains less than two (2) square miles, and
  2. 2.
    The bridge or culvert is not associated with a channel modification that constitutes a channel change as specified in 567-71.2(2), Iowa Administrative Code.
2.
Conditional Uses. Any development which involves placement of structures, factory-built home, fill or other obstructions; the storage of materials or equipment; excavation; or alteration of a watercourse may be allowed only upon issuance of a Conditional Use Permit by the Board of Adjustment as provided for in Section 25.86.150-3. All such uses shall be reviewed by the Iowa Department of Natural Resources to determine:
1. a.
  Whether the land involved is either wholly or partly within the floodway or floodway fringe and
2. b.
  The base flood elevation. The applicant shall be responsible for providing the Iowa Department of Natural Resources with sufficient technical information to make the determination.
3.
Performance Standards.
1. a.
  All development, or portions thereof, to be located in the floodway as determined by the Iowa Department of Natural Resources shall meet the applicable provisions and standards of the Floodway Overlay District (Subsection 25.04.190.11).
2. b.
  All development, or portions thereof, to be located in the floodway fringe as determined by the Department of Natural Resources shall meet the applicable standards of the Floodway Fringe Overlay District (Subsection 25.04.190.12).

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

25.04.190.14 Shallow Flooding (Overlay) District (SF)

Permitted Uses. All development within the Shallow Flooding District shall be permitted to the extent that it is not prohibited by any other chapter (or underlying zoning district) and provided they meet the applicable performance standards of the Shallow Flooding District.

Performance Standards. The performance standards for the Shallow Flooding District shall be the same as the performance standards for the Floodway Fringe District with the following exceptions:

a.
In shallow flooding areas designated as an AO Zone on the Flood Insurance Rate Map, the minimum floodproofing/flood protection elevation shall be equal to the number of feet as specified on the FIRM (or a minimum of 2.0 ft. if no number is specified) above the highest natural grade adjacent to the structure.
b.
In shallow flooding areas designated as an AH Zone on the Flood Insurance Rate Map, the minimum floodproofing/flood protection elevation shall be equal to the elevation as specified on the FIRM.
c.
In shallow flooding areas designated as either and AH or AO Zone on the Flood Insurance Rate Map, drainage paths are required around structures on slopes to adequately guide floodwaters around and away from proposed structures.

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.15 Administration

Appointment, Duties and Responsibilities of Administrator:

a.
The City Manager or their designee is hereby appointed and shall administer and enforce this chapter and will herein be referred to as the Administrator.
b.
Duties and responsibilities of the Administrator shall include, but not necessarily be limited to, the following:
1. 1.
  Review all floodplain development permit applications to ensure that the provisions of this chapter will be satisfied.
2. 2.
  Review all floodplain development permit applications to assure that all necessary permits have been obtained from federal, state or local governmental agencies including approval when required from the Department of Natural Resources for floodplain construction.
3. 3.
  Record and maintain a record of
  1. A.
    the elevation (in relation to North American Vertical Datum 1988) of the lowest floor (including basement) of all new or substantially improved structures or
  2. B.
    the elevation to which new or substantially improved structures have been floodproofed.
4. 4.
  Notify adjacent communities and/or counties and the Iowa 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.
5. 5.
  Keep a record of all permits, appeals, variances and such other transactions and correspondence pertaining to the administration of this chapter.
6. 6.
  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.
7. 7.
  Notify the Federal Insurance Administration of any annexations or modifications to the community's boundaries.
8. 8.
  Review subdivision proposal to ensure such proposals are consistent with the purpose of this chapter and advise the City Council and Board of Adjustment of potential conflicts.
9. 9.
  Maintain the accuracy of the community’s Flood Insurance Rate Maps when;
  1. 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
  2. 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 (1) foot in the base elevation; or
  3. C.
    Development relocates or alters the channel.
    I.
    Within six (6) 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.
10. 10.
  Perform site inspections to ensure compliance with the standards of this chapter.
11. 11.
  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.

Floodplain Development Permit.

a.
Permit Required. A Floodplain Development Permit issued by the Administrator shall be secured prior to initiation of any floodplain development (any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, filling, grading, paving, storage of materials or equipment, excavation or drilling operations) including the placement of factory-built homes.
b.
Application for Permit. Application for a Floodplain Development Permit shall be made on forms supplied by the Administrator and shall include the following information:
1. 1.
  Description of the work to be covered by the permit for which application is to be made.
2. 2.
  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. 3.
  Location and dimensions of all structures and additions
4. 4.
  Indication of the use or occupancy for which the proposed work is intended.
5. 5.
  Elevation of the base flood.
6. 6.
  Elevation (in relation to North American Vertical Datum 1988) of the lowest floor (including basement) of structures or of the level to which a structure is to be floodproofed.
7. 7.
  For structures being improved or rebuilt, the estimated cost of improvements and market value of the structure prior to the improvements.
8. 8.
  Such other information as the Administrator deems reasonably necessary (e.g., drawings or a site plan) for the purpose of this chapter.
c.
Action for Permit Application. The 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. For disapprovals, the applicant shall be informed, in writing, of the specific reasons therefore. The Administrator shall not issue permits for Conditional Uses or Variances except as directed by the Board of Adjustment.
d.
Construction and Use to be as Provided in Application and Plans. 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 Subsection 25.04.190.17. The applicant shall be required to submit certification by a professional engineer or land surveyor, as appropriate, registered in the State of Iowa, that the finished fill, structure 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.

Conditional Uses, Appeals, and Variances.

a.
Duties of Board of Adjustment. The Board of Adjustment shall hear and decide:
1. 1.
  Applications for conditional uses upon which the Board is authorized to pass under this chapter;
2. 2.
  Appeals; and
3. 3.
  Requests for variances to the provisions of this chapter; and shall take any other action which is required of the Board.
b.
Conditional Uses. Requests for conditional uses shall be submitted to the Administrator, who shall forward such to the Board of Adjustment for consideration. Such requests shall include information ordinarily submitted with applications as well as any additional information deemed necessary to the Board of Adjustment.
c.
Appeals. Where it is alleged, there is any error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter, the aggrieved party may appeal such action. The notice of appeal shall be filed with the Board of Adjustment and with the official from which the appeal is taken and shall set forth the specific reason for the appeal. The official from whom the appeal is taken shall transmit to the Board of Adjustment all the documents constituting the record upon which the action appealed from was taken.
d.
Variances. The Board of Adjustment may authorize upon request in specific cases such variances from the terms of this chapter that 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. 1.
  Variances shall not be issued within any designed floodway if any increase in flood levels during the base flood would result. 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. 2.
  Variances shall only be granted upon
  1. A.
    A showing of good and sufficient cause,
  2. B.
    A determination that failure to grant the variance would result in exceptional hardship to the applicant, and
  3. 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 or conflict with existing local codes or ordinances.
3. 3.
  Variance shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard to afford relief.
4. 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 Administrator that;
  1. A.
    The issuance of a variance will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and
  2. B.
    Such construction increases risks to life and property.
5. 5.
  All variances granted shall have the concurrence or approval of the Department of Natural Resources.
e.
Hearings and Decisions of the Board of Adjustment.
1. 1.
  Hearings. Upon the filing with the Board of Adjustment of an appeal, an application for a Conditional Use or a request for a variance, the Board shall hold a public hearing. The Board shall fix a reasonable time for the hearing and give public notice thereof, as well as due notice to parties in interest. At the hearing, any party may appear in person or by agent or attorney and present written or oral evidence. The Board may require the appellant or applicant to provide such information as is reasonably deemed necessary and may request the technical assistance and/or evaluation of a professional engineer or other expert person or agency, including the Department of Natural Resources.
2. 2.
  Decisions. The Board shall arrive at a decision on an appeal, conditional use or variance within a reasonable time. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of this chapter, reverse, or affirm, wholly or in part, or modify the order, requirement, decision, or determination appealed from, and it shall make its decision, in writing, setting forth the findings of fact and the reasons for its decision. In granting a conditional use or variance, the Board shall consider such factors as contained in this section and all other relevant sections of this chapter and may prescribe such conditions as contained in Subsection 25.04.190.15(3.e.2.B.).
  1. A.
    Factors Upon Which the Decision of the Board Shall be Based. In passing upon applications for conditional uses or requests for variances, the Board shall consider all relevant factors specified in other sections of this chapter 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 lands 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 community.
    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 chapter.
  2. B.
    Conditions attached to conditional uses or variances. Upon consideration of the factors listed above, the Board may attach such conditions to the granting of conditional uses or variances as it deems necessary to further the purpose of this chapter. Such conditions may include, but not necessarily be limited to:
    I.
    Modification of waste disposal and water supply facilities.
    II.
    Limitation on 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 Iowa Department of Natural Resources and are deemed the only practical alternative to achieving the purposes of this chapter.
    V.
    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 flood waters.
    h.
    Pumping facilities or comparable practices for subsurface drainage systems for building to relieve external foundation wall and basement flood pressures.
    i.
    Construction to resist rupture or collapse caused by water pressure or floating debris.
    j.
    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.
    k.
    Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to flooding.
3. 3.
  Appeals to the Court. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the Board.

(Ord. 2024-0646, 2015-0215; 2015-0433)

Effective on: 6/13/2015

Subsection 25.04.190.16 Nonconforming Uses

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

a.
If such use is discontinued for six (6) consecutive months, any future use of the building premises shall conform to this chapter.
b.
If any nonconforming use or structure is destroyed by any means, including floods, it shall not be reconstructed if the cost is more than fifty (50) percent of the market value of the structure before the damage occurred, unless it is reconstructed in conformity with the provisions of this chapter. 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.
c.
Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming uses.

Except as provided in Subsection 25.04.190.16(1.c.) any use which has been permitted as a conditional use or variance shall be considered a conforming use.

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.17 Penalties for Violations

Violations of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of conditional uses or variances) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500 or imprisoned for not more than 30 days. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Sioux City, Iowa from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.18 Amendments

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

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

25.04.190.19 Severability

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

(Ord. 2024-0646)

Effective on: 1/1/1901

Sioux City City Zoning Code

CHAPTER 25

04 Subdivision Design and Land Development

SUBCHAPTER 25.04-A SUBDIVISION

Subchapter 25.04-B (Reserved)

Reserved

Effective on: 12/1/2020

SUBCHAPTER 25.04-C STORM WATER MANAGEMENT

Reserved

SUBCHAPTER 25.04-E ENVIRONMENTAL QUALITY

Reserved

25.04.010 General Provisions.

Short Title. This chapter shall be known, cited and referred to as the Subdivision Ordinance of the City of Sioux City, Iowa.

Purpose.

Implement the Comprehensive Plan for the community;
Promote, preserve and protect the health, safety, morals and general welfare of the community;
Preserve architecturally, historically, and archeologically significant areas of the community;
Preserve environmentally sensitive areas of the community;
Provide a balance between the rights of landowners and the responsibility and authority of the City to review and regulate the subdivision of land and the installation of improvements;
Provide for accurate, clear and concise legal descriptions of real estate to prevent boundary disputes or real estate title problems; and
Provide for a balance between the rights of individual landowners and the economic, social and environmental concerns of the public.

Intent.

The intent of the regulations, procedures and standards set forth in this chapter is to:
1. Create a compact, contiguous, connected and efficient community;
2. Conserve the value of property throughout the community;
3. Encourage efficient urban development patterns;
4. Protect soil from wind and water erosion;
5. Lessen congestion in the streets;
6. Secure safety from fire, flood, panic and other dangers;
7. Provide adequate light and air;
8. Prevent overcrowding of the land;
9. Avoid undue dispersal of population;
10. Promote conservation and the efficient use of energy resources and reasonable access to solar, wind and other renewable energy;
11. Provide for the regulation and control of public facilities and services such as transportation, water, sewage disposal, sanitation, schools, recreation areas and other public improvements; and
12. Encourage development.

Authority.

General. The City Council is authorized by the provisions of the Code of Iowa, as amended, to review and consider approval of subdivision plats within its corporate boundary.
Extraterritorial Jurisdiction. Pursuant to authority granted in the Code of Iowa, as amended, and any 28E agreements with other jurisdictions, the City shall review all subdivisions created within the State of Iowa which are outside of its corporate limits but are within up to two (2) miles from the City’s corporate boundary, provided a copy of the City’s Subdivision Ordinance and the limits of its Extraterritorial Subdivision Jurisdiction are recorded with the Woodbury County Recorder and the Plymouth County Recorder.

Interpretation.

The regulation of subdivisions and subsequent development of land is an implementation of the City's Comprehensive Plan.
Land shall not be subdivided until adequate improvements as determined by the City Council such as, water and sanitary sewer and storm water drainage exist or are ensured.
Public improvements shall conform to the approved:
1. SUDAS Manual;
2. Subdivision Ordinance;
3. Complete Streets Policy;
4. Bike Trails Plan;
5. Parks Plan;
6. MUTCD Manual, and
7. Any other approved policies of the City of Sioux City.
The provisions of this chapter shall be held to be the minimum requirements for the protection of the public health, safety and general welfare and are not intended to limit or annul any more restrictive regulation or private agreements.
Jurisdiction. The regulations in this chapter shall apply to any division, subdivision or re-subdivision of a lot, tract, or parcel of land lying within its corporate boundaries or within any area up to two (2) miles distant from the corporate boundaries within the State of Iowa either for the purposes of sale or transfer of land for building or other development whether immanent, future, or for tax purposes.

When required.

A subdivision final plat and, where required by this chapter, a preliminary plat, shall be made when a tract of land is divided or subdivided into three (3) or more parcels irrespective of whether or not it is subdivided by simultaneous or repeated division, a quantity description, or a metes and bounds description and regardless of whether or not a plat of survey has been recorded or by any other means. However, a parcel severed by an existing road, or other natural and permanent divider, shall be considered two (2) separate parcels without additional platting.
Parcels existing prior to March 23, 2015 shall be assumed to have been created lawfully under this section.
These regulations shall not restrict the acceptance or granting of deeds or other dedications of land by the City or other governmental agencies when such action is in the public interest and not for the purposes of circumventing these regulations.

Exceptions.

It must be recognized that some areas of the City with rugged terrain, or some existing developed areas that through the City’s urban renewal processes need to be redeveloped, cannot realistically be developed or redeveloped in a manner consistent with City policies if all subdivision regulations are followed to the letter. For these areas, in order to allow the implementation of City development, redevelopment and/or urban renewal/reinvestment policies, primarily the Comprehensive Plan and relevant urban renewal plans, from time to time strict regulatory development standards must be replaced by procedural review to allow necessary relaxation of some subdivision regulations but only after detailed review to ensure that the intent of the ordinance as stated herein is carried out.
The City Council may, but is not obligated to, make exceptions, modify or defer the requirements of this chapter based upon written findings that strict compliance may result in extraordinary hardship or practical difficulties and/or that such relief may better serve the purposes of these regulations as well as the following policies:
1. The Comprehensive Plan;
2. The SUDAS Manual;
3. The City Supplement to the SUDAS Manual;
4. Best engineering practices as interpreted by the City Engineer;
5. Other adopted City policies.
No such exception, modification or deferral may be approved that has the effect of nullifying the intent and purpose of this chapter or is more than the minimum relief necessary for the hardship or difficulty cited.
The City Council may impose conditions as needed to assure that the purpose and intent of these regulations are met.
Specific actions that may justify exceptions to this chapter include but are not limited to:
1. Excessive grading required to meet the above policies and practices.
2. Excessive damage done to the environment in order to meet the above policies and practices.
3. Inability to extend utilities to property in order to meet the above policies and practices due to topography.
4. Inability to extend utilities to property in order to meet the above policies and practices due to cost.
5. When the tract of land is of such an unusual shape that implementation of the above City policies and other policies as approved by the City Council is impractical or impossible.
6. When ownership patterns around the property to be subdivided make it impossible or excessively difficult to implement the above City policies.
7. The need to resolve conflicts between conflicting sets of regulations and standards.
8. Existing development patterns that make redevelopment excessively difficult.

Enforcement.

The Administrator shall administer the provisions of this chapter.
No certificate of zoning compliance, no building permit, no grading permit nor certificate of occupancy shall be issued for any parcel of land divided contrary to the provisions of this chapter.
Creation of any parcel of land divided contrary to the provisions of this chapter shall constitute a municipal infraction against the person recording the document creating said parcel.

(Ord. 2020-0858; 2015-0215)

Effective on: 12/1/2020

25.04.020 Classification of Plats

Simple Divisions. A division of a lot, tract or parcel into two (2) parcels for which no construction of improvements is required is a simple division.

Minor Subdivisions.

A subdivision plat that creates three (3) or more lots for which no construction of public utilities, streets, and no grading is proposed is considered to be a minor subdivision. An otherwise major subdivision may be classified as a minor subdivision by the Administrator based upon a finding that the improvements or grading proposed is of so minor in scale that no public interest would be served by submittal, review and approval of a preliminary plat.
A minor subdivision may also include post-development improvements such as street lights, storm water detention, sidewalks.
A developer is not required to submit a minor subdivision preliminary plat prior to submitting a minor subdivision final plat. However, if, during the review of the final plat, City staff, the Planning and Zoning Commission or the City Council determines a need for more information, submission of specific material that would have been a part of a preliminary plat may be required.

Major Subdivision. A plat that is not a minor subdivision because it requires construction of public improvements or significant grading is considered to be a major subdivision.

Auditor's Plat.

An auditor's plat is a plat required by the County Auditor in accordance with the provision of the Code of Iowa, as amended, because either:
1. An existing subdivision plat or plat of survey was not in compliance with the requirements of the Code of Iowa, as amended; or
2. The descriptions of one (1) or more parcels within a tract are not sufficiently certain and accurate for the purposes of assessment and taxation.

(Ord. 2020-0858; 2015-0215)

Effective on: 12/1/2020

25.04.030 Simple Divisions

Approval Procedure.

The procedure for creating a simple division begins with the owner of the subject property causing a survey of the land to be split to be drawn. The survey is then recorded with the County Recorder.
There is no formal City approval process for simple divisions.
1. Simple divisions may have an administrative review by City departments to determine if the parcels in the division are in compliance with all Municipal Code requirements.
2. If the administrative review of the plat of survey or other evidence of a division of land determines that the division requires provision of public facilities or otherwise is not in compliance with all Municipal Code requirements, the owner shall be informed that the division is in violation of City standards and that the City shall issue no permits until a subdivision plat has been prepared, reviewed, approved and recorded pursuant to this chapter.
3. Failure to prepare said subdivision plat may result in issuance of a citation for a municipal infraction.

(Ord. 2020-0858; 2015-0215)

Effective on: 12/1/2020

25.04.040 Minor Subdivisions

Approval Procedure.

Minor Subdivision Preplat Conference.
1. Attendance at a Minor Subdivision Preplat Conference is a required step in the process for approval of a minor subdivision. For a Minor Subdivision Preplat Conference, the developer shall request a preplat conference and provide a sketch plan of the proposal.
2. The purpose of a Minor Subdivision Preplat Conference is to acquaint City staff and any public and private utility providers with the proposed subdivision and to acquaint the developer with the procedures and standards of the City and the public and private utility providers.
3. For a Minor Subdivision Preplat Conference, the developer shall request a preplat conference and provide a sketch plan of the proposal.
4. When a Minor Subdivision Preplat Conference is requested, the Administrator shall set the time and place and send meeting notices to representatives of the appropriate City departments and public and private utility providers as well as to the developer and the developer's professional engineer and/or professional land surveyor who must currently be licensed in the State of Iowa. The preplat conference shall be held within fourteen (14) calendar days of receiving the application.
5. Minor Subdivision Sketch plan. Information to be included in the minor subdivision sketch plan is:
  1. The location of the proposed subdivision;
  2. The general location of any existing and proposed streets; and
  3. The arrangement of lots and land uses in relation to the surrounding area.
6. Improvements required for Minor Subdivision Final Plats.
  1. Streetlights (where appropriate in the determination of the City Engineer);
  2. Storm water detention;
  3. Sidewalks in a manner consistent with Subsection 25.04.080(1)(o);
  4. Private water and sewer service lines within two hundred (200) feet of a public water and/or sewer mains.
Minor Subdivision Final Plat.
1. Preliminary plat approval is not a required step in the approval process for a minor subdivision.
2. Final plat approval is a required step in the approval process for a minor subdivision.
3. Minor subdivision final plats are not required to follow, nor to be consistent with any preliminary plat, but the minor subdivision final plat does require review and recommendation by the Planning and Zoning Commission.
4. The developer shall prepare and file a minor subdivision final plat, supporting materials, and application with the Planning and Real Estate Division of the Economic and Community Development Department for review and approval in accordance with the application requirements listed below:
  1. A completed application for approval of a minor subdivision final plat;
  2. The location of the proposed subdivision;
  3. Names, addresses, telephone numbers and e-mail addresses of the owner(s), developer, professional engineer or professional land surveyor (both must be currently licensed in the State of Iowa) or any of their agents;
  4. A nonrefundable filing fee, as established by resolution of the City Council, to defray administrative costs;
  5. One (1) digital and five (5) paper copies of the final plat in a size acceptable to the County Recorder.
5. The required contents of the minor subdivision final plat are:
  1. Names, addresses, telephone numbers and e-mail addresses of the owner(s), developer, and professional land surveyor (who must be currently licensed in the State of Iowa);
  2. A title in the form of "Final Plat of (proposed name of the subdivision)". Re-subdivisions shall be labeled as such in a subtitle;
  3. A legal description of the property with a statement of the area of the property rounded to the nearest 0.1 acre;
  4. North arrow and graphic scale;
  5. An accurate map of the final plat drawn at a scale of one (1) inch equals one hundred (100) feet unless a different scale has been approved by the Administrator. The map shall include:
    1. A layout in plan view of the subdivision, which illustrates the layout of:
      1. Lots;
      2. Outlots;
      3. Easements;
      4. Abutting Streets.
    2. All dimensions necessary for locating said lots, outlots, easements and monuments shall be shown in measurements accurate to the nearest 0.01 foot and to the nearest second of angular measurement;
    3. Curve data shall be shown either in tabular form or radius dimensions on the map;
    4. The location and description of all benchmarks and monumentation of lot corners;
    5. The following documents required in Section 354.11 of the Iowa Code for recording a subdivision shall either accompany or be on the face of the final plat in a form acceptable to the County Recorder:
      1. Dedication Certificate;
      2. City Council Resolution Certificate;
      3. Owners Consent to Plat;
      4. City Engineer’s Certificate (If the property is within the corporate limits of Sioux City);
      5. County Engineers Certificate (If the property is in Woodbury or Plymouth County);
      6. Title Opinion;
      7. City Treasurer’s Certificate;
      8. Auditor’s Approval of Subdivision Name;
      9. Auditor and Recorder’s Certificate of Recording;
      10. Certificate referencing the Annexation Agreement (If the property is in Woodbury or Plymouth County).
    6. For extraterritorial subdivision final plats, an agreement signed by the owner, binding future owners to petition for voluntary annexation of the property at such time as annexation becomes permissible under the Code of Iowa. Said agreement shall be recorded by the City in the office of the jurisdiction's County Recorder prior to recording the final plat. In the case of such extraterritorial subdivision final plats, the resolution approving the final plat shall reference the agreement with roll and image numbers and the agreement shall be cross referenced with the final plat by the jurisdiction's County Recorder.
    7. A certification by the City engineering division that:
      1. The final plat meets requirements for closure;
      2. Any relevant storm water detention requirements have been met and maintenance assured;
      3. Any relevant street lighting requirements have been met and/or are assured;
      4. Any relevant sidewalk requirements have been met.
    8. Flood hazard addendum.
      1. If any part of a subdivision is located in a flood plain as defined in Subchapter 25.04-D or by a flood insurance rate map (FIRM) published by the Federal Emergency Management Agency, a flood hazard addendum shall be filed and recorded with the final plat in the office of the County Recorder. A statement acknowledging that a flood hazard addendum exists shall be on the face of the final plat.
      2. The form of the flood addendum shall be a duplicate of the final plat with an indication by patterns or lines and annotations of the boundaries of the flood plain and the base flood elevation.
      3. The date of the flood hazard determination shall be indicated.
      4. Any graphic materials prepared on computer aided drafting systems shall also be submitted on electronic media.
6. Complete minor subdivision final plat submittals shall be included on the agenda of the Planning and Zoning Commission in accordance with the established administrative schedule.
7. The Planning and Real Estate Division of the Economic and Community Development Department shall distribute copies of the minor subdivision final plat to the Planning and Zoning Commission, the appropriate City departments and public and private utility providers.
Staff Review. The appropriate City departments, public agencies, County offices and public and private utility providers shall review the subdivision final plat and prepare reports of their findings. Their comments shall be submitted to the Planning and Zoning Commission prior to the public meeting on the minor subdivision final plat.
1. The City engineering division staff shall specifically comment on the closure of the perimeter of the minor subdivision final plat.
2. The appropriate County Recorder’s office shall specifically comment on the acceptability of the Subdivision name on the Final Plat.
Planning and Zoning Commission review.
1. The Planning and Zoning Commission shall conduct a public hearing on all complete minor subdivision final plat applications.
2. Notice of the date, time and location of the public meeting will be mailed to the owners of all property within two hundred (200) feet of the perimeter of the subject property not less than four (4) nor more than twenty (20) calendar days prior to the date of the public meeting.
3. The Planning and Zoning Commission shall review the minor subdivision final plat, staff reports, and other information as may be brought forward during the public hearing to determine whether the minor subdivision final plat conforms to the ordinances, Comprehensive Plan and other policies of the City.
4. Within forty-five (45) calendar days from the filing of the minor subdivision final plat with the Administrator, the Planning and Zoning Commission shall forward a report of its finding and a recommendation to the City Council with a copy of the report and recommendation to the owner, the developer, and the professional engineer and/or professional land surveyor. If the Planning and Zoning Commission fails to forward a recommendation to the City Council within forty-five (45) calendar days from the completed minor subdivision final plat submittal, the developer may request that the minor subdivision final plat be forwarded to the City Council for review and consideration with no recommendation. The recommendation shall be in the form of a resolution to be certified as part of the minor subdivision final plat materials. A copy of the report and the resolution shall also be forwarded to the owner, the developer and the professional land surveyor for the subdivision. If the Planning and Zoning Commission fails to forward a recommendation to the City Council within forty-five (45) calendar days from the completed minor subdivision final plat submittal, the developer may request that the minor subdivision final plat be forwarded to the City Council for review and consideration with no recommendation.
City Council review. The City Council shall review the subdivision final plat, staff reports, report and recommendations of the Planning and Zoning Commission and any other relevant information to determine whether said minor subdivision final plat conforms to the ordinances, the Comprehensive Plan and other policies of the City. Within thirty (30) calendar days from receipt of the report and recommendations of the Planning and Zoning Commission, the City Council shall approve, approve with conditions, or disapprove the minor subdivision final plat. The City Council may table the matter with the consent of the developer. If the minor subdivision final plat is found to conform to all relevant City policies and all sections of the Municipal Code, and the Comprehensive Plan, it shall be approved. Approval shall be in the form of a resolution to be certified as part of the minor subdivision.
Effect of Minor Subdivision Final Plat Approval.
1. An approved minor subdivision final plat authorizes the developer to proceed with the process of securing needed City signatures on the final plat.
2. The City Clerk shall not sign the minor subdivision final plat until all other necessary City signatures have been affixed to the minor subdivision final plat and all post-approval requirements have been met.
3. Subdivision Improvement Installation Agreements ensuring the installation of the following improvements must be signed prior to approval of the minor subdivision final plat:
  1. Sidewalks to be installed within five (5) years;
  2. Detention Pond Construction;
  3. Detention Pond Maintenance Agreement;
  4. Street Light Installation Agreement (If necessary);
  5. As-built plans (if relevant);
  6. Extraterritorial Annexation Agreements, if applicable.
4. The City Clerk shall not sign the minor subdivision final plat until all other necessary City signatures have been affixed to the minor subdivision final plat and all post-approval requirements have been met.

(Ord. 2020-0858; 2015-0215)

Effective on: 12/1/2020

25.04.050 Major Subdivisions

Approval Procedure.

Major Subdivision Preplat Conference.
1. Attendance at a Major Subdivision Preplat Conference is a required step in the process for approval of a major subdivision.
2. For a Major Subdivision Preplat Conference, the developer shall request a preplat conference and provide a sketch plan of the proposal.
3. The purpose of a Major Subdivision Preplat Conference is to acquaint City staff and public and private utility providers with the proposed subdivision and to acquaint the developer with the procedures and standards of the City and public and private utility providers.
4. When a Major Subdivision Preplat Conference is requested, the Administrator shall set the time and place and send meeting notices to representatives of the appropriate City departments and public and private utility providers as well as to the developer and the developer's professional engineer and/or professional land surveyor who must currently be licensed in the State of Iowa. The preplat conference shall be held within fourteen (14) calendar days of receiving the application.
5. Major Subdivision Sketch Plan. The developer shall provide a major subdivision sketch plan showing the location of the proposed major subdivision, the general location of any existing and proposed streets and other improvements and the arrangement of lots and land uses in relation to the surrounding area.
Major Subdivision Preliminary Plat Application.
1. Preliminary plat approval is a required step in the approval process for a major subdivision.
2. The developer shall prepare and file a preliminary plat and supportive materials with the Planning and Real Estate Division of the Economic and Community Development Department for review and approval in accordance with the list of application requirements listed below:
  1. A completed application for approval of a major subdivision preliminary plat;
  2. Names, addresses, telephone numbers and e-mail addresses of the owner(s), developer, professional engineer or professional land surveyor (both must be currently licensed in the State of Iowa) or any of their agents;
  3. A nonrefundable filing fee, as established by resolution of the City Council, to defray administrative costs;
  4. One (1) digital and five (5) paper copies of the preliminary plat;
  5. Existing and proposed zoning district classifications.
Grading Prior to Approval.
1. Upon submission of a grading plan, all work being done on the subdivision, if any, shall cease pending approval of the preliminary plat as set forth herein. The developer shall not commence any further work in this area until such approvals are granted.
2. The major subdivision preliminary plat shall contain all the information listed below:
  1. A layout in plan view of the subdivision, including:
    1. The boundary and dimensions of the proposed subdivision in relation to monuments for two (2) U.S. public land survey system corners or two (2) corners of a recorded subdivision;
    2. Dimensions and bearings of lots and rights-of-way;
    3. Sequential numbering of lots shall also be indicated;
    4. Outlots, labeled either as unsuitable for building reserved for future development, or reserved for a different use such as storm water detention shall be indicated by sequential letter labels;
    5. Street names (which need not be the final names as shown in the final plat) and approximate grade shall be indicated;
    6. Existing utility systems, including facility size and location, for water, sanitary sewer and storm drainage facilities;
    7. Preliminary plans for proposed public improvement systems shall be indicated;
    8. Existing gas mains, pipelines, electric transmission and distribution lines, and telecommunication lines;
    9. Existing and proposed easements for public and private utilities, drainage and access;
    10. Dimensions and bearings (if different from another given boundary) of the boundaries of the easements shall be shown;
    11. Approximate boundaries of areas subject to floods as indicated on the Official Flood Plain Zoning Map adopted by Subsection 25.04.190.4 of the Municipal Code;
    12. Names of all adjoining subdivisions;
    13. On preliminary plats that show dead end or cul-de-sac streets, a study prepared in partnership with City staff must accompany the final plat analyzing the possibilities of street extensions;
    14. Grading plans, either separately or on the preliminary plat map, including existing and proposed topography, proposed slopes and compaction rates as required for a grading permit application in Chapter 20.30 of the Municipal Code including a drainage report and an erosion control plan that meet the requirements set forth in SUDAS. The grading plan must describe the intended final grading of the subdivision even if the intent is to leave significant phases of the grading to be completed as part of the development of individual lots after the final subdivision plat has been approved;
    15. Any graphic materials prepared on computer aided drafting systems shall also be submitted on electronic media;
    16. Lots must be graded so that driveways to houses on said lots can meet SUDAS requirements;
    17. Other pertinent information requested by representatives of City departments or public utilities.
3. If the major subdivision preliminary plat proposes streets, City Planning Staff, upon consultation with City engineering staff, SIMPCO MPO Staff and Iowa DOT Staff shall determine what classification; Arterial, Collector, or Local Service said streets shall be. The classification shall be noted on the major subdivision preliminary plat and final plat. The streets shall be built to the SUDAS and City standards, including the right-of-way width and the paving width of the designated classification. Upon final decision by the City Council said classification shall guide City decision making and the City shall request through SIMPCO and the Iowa DOT that the Federal Functional Classification maps be updated accordingly.
4. Complete major subdivision preliminary plat submittals shall be included on the agenda of the Planning and Zoning Commission in accordance with the established administrative schedule.
5. The Planning and Real Estate Division of the Economic and Community Development Department shall distribute copies of the major subdivision preliminary plat to the Planning and Zoning Commission, the appropriate City departments and public and private utility providers.
Staff Review.
1. The appropriate City departments, public agencies and public and private utility providers shall review the major subdivision preliminary plat and prepare reports of their findings. Their comments shall be submitted to the Planning and Zoning Commission prior to the public meeting on the major subdivision preliminary plat.
2. City engineering division staff shall specifically review the public improvements and grading plan, including the drainage report and erosion control plan. Upon completion of said review, the City engineering division staff shall provide their report and specifically provide comment on the conformance or lack of conformance with subdivision preliminary plat as well as conformance of the major subdivision preliminary plat with the SUDAS manual and the grading standards set forth in Chapter 20.30 of the Municipal Code.
Planning and Zoning Commission Review.
1. The Planning and Zoning Commission shall conduct a public hearing on the major subdivision preliminary plat.
2. Notice of the date, time and location of the public hearing will be mailed to the owners of all property within two hundred (200) feet of the subject property not less than four (4) nor more than twenty (20) calendar days prior to the date of the public hearing.
3. The Planning and Zoning Commission shall review the major subdivision preliminary plat, staff reports and other information as may be brought forward during the public meeting to determine whether the major subdivision preliminary plat conforms to the ordinances, Comprehensive Plan and other policies of the City. Within forty-five (45) calendar days from the filing of the major subdivision preliminary plat with the Administrator, the Planning and Zoning Commission shall forward a report of its finding and a recommendation to the City Council with a copy of the report and recommendation to the owner, the developer, and the professional engineer and/or professional land surveyor, both currently licensed in the State of Iowa for the subdivision. If the Planning and Zoning Commission fails to forward a recommendation to the City Council within forty-five (45) calendar days from the completed major subdivision preliminary plat submittal, the developer may request that the major subdivision preliminary plat be forwarded to the City Council for review and consideration with no recommendation. The recommendation shall be in the form of a statement to be filed as part of the major subdivision preliminary plat materials. A copy of the statement shall also be forwarded to the owner, the developer, the professional surveyor and the professional engineer for the subdivision.
4. City Council review. The City Council shall review the major subdivision preliminary plat, staff reports, report and recommendations of the Planning and Zoning Commission and any other relevant information to determine whether said major subdivision preliminary plat conforms to the ordinances, the Comprehensive Plan and other policies of the City. Within thirty (30) calendar days from receipt of the report and recommendations of the Planning and Zoning Commission, the City Council shall approve, approve with conditions, or disapprove the major subdivision preliminary plat. The City Council may table the matter with the consent of the developer. If the major subdivision preliminary plat is found to conform to all relevant City policies, all sections of the Municipal Code, and the Comprehensive Plan, it shall be approved. Approval shall be in the form of a motion and statement to be certified as part of the major subdivision preliminary plat.
Effect and Duration of Major Subdivision Preliminary Plat Approval.
1. An approved major subdivision preliminary plat authorizes the developer to proceed with detailed engineering design of public improvements which shall conform to the SUDAS Manual and/or the City supplements to the SUDAS Manual. The approval also constitutes the issuance of a grading permit. All grading must conform to the grading plan portion of the preliminary plat.
2. It is the City’s intent that preliminary plats include all of the land the developer intends to develop in the foreseeable future. The preliminary plat is intended to show the future development patterns anticipated by the developer. Such preliminary plats likely will indicate multiple phases of development lasting multiple years.
3. The approval of a major subdivision preliminary plat by the City Council is valid for a period of one (1) calendar year. If a major subdivision final plat for all or a portion of the area within the major subdivision preliminary plat has not been filed within one (1) year, the approval shall be void unless the Administrator approves a time extension.
4. The decision whether or not to approve a time extension shall be based on consistency with City and State development regulations, consistency with the approved major subdivision preliminary plat, consistency with proper engineering practices as determined by the City Engineer, progress made on the construction of those phases under construction and other activities the developer has taken on the property since preliminary plat approval.
5. It is expected that work will not begin on some phases of the preliminary plat for a significant amount of time after preliminary plat approval.
Detailed Engineering Plans.
1. Review of Detailed Engineering Plans.
  1. Upon final approval of a major subdivision preliminary plat, the developer, in addition to being able to begin grading, shall submit detailed engineering plans to the City Engineer for review. The grading shown on the preliminary plat shall be the final grading plan, and the approved preliminary plat the defacto grading permit. In all cases, the term “City Engineer” shall refer to the “engineer for the City of Sioux City or his/her designee”. Any approved grading plans must be consistent with the grading shown on the preliminary plat. The detailed engineering plans shall contain the following information where applicable and shall be designed according to the underlying requirements listed as follows:
  2. The detailed set of engineering plans shall include the information consistent with, but not limited to, required specifications listed below:
    1. Main water distribution system including but not limited to flushers and other necessary appurtenances to provide safe and reliable water service;
    2. Subdrains required, but not limited to all streets with a grade exceeding 6%;
    3. Entrances (curb cuts);
    4. Private Street. Private streets are prohibited in Sioux City;
    5. Footing Drain Collector. If required by the City Engineer shall be built to SUDAS Standards;
    6. Main (Trunk) Sanitary Sewer. Main (Trunk) Sanitary Sewers shall be built to SUDAS Specifications; Best Engineering practices as determined by the City Engineer, and Iowa DNR permits are required;
    7. Sanitary Sewer Lift Station (if needed) shall be built to SUDAS Specifications and Best Engineering;
    8. Sanitary Sewer Service Stub shall be built to SUDAS Specifications. City permits shall be required;
    9. Public Storm Sewer shall be built to SUDAS Specifications. Best Engineering practices as determined by the City Engineer. Federal and State permits will be required;
    10. Private Storm Sewers shall be built to SUDAS Specifications. City, Federal and State permits will be required;
    11. Runoff Detention ponds shall be built to SUDAS Specifications and Best Engineering practices as determined by the City Engineer. City, Federal and Iowa DNR permits will be required. Private maintenance provisions shall be required;
    12. Ditches shall be built to SUDAS Specifications and Best Engineering practices as determined by the City Engineer. City, Federal and Iowa DNR 401 Water Quality and NPDES permits will be required. U.S. Army Corps of Engineers for a 404 permit may be required;
    13. Water Service Stubs shall be built to SUDAS Specifications and Best Engineering practices as determined by the City Engineer. City permits shall be required. Boring will be required.
Effect of approval of detailed engineering plans.
1. Once a complete set of detailed engineering plans is submitted to the City Engineer or his/her designee, the City Engineer, shall review the plans for consistency with the preliminary plat, with SUDAS specifications, and City standards set out elsewhere in the Municipal Code and consistency with Best Engineering practices.
2. Plan sets that are incomplete will be returned to the developer with the deficiencies noted. Incomplete site plans will not be reviewed.
3. Within twenty-one (21) calendar days of submission of a complete set of detailed engineering plans, the City Engineer or his/her designee shall provide the developer with a stamped set of approved plans or a set of unapproved plans listing the deficiencies.
4. If approved, the City Engineer or his/her designee shall affix his stamp to the plan set. Only stamped plan sets shall be used to guide development.
5. It shall be the policy of the City of Sioux City to make every effort to complete the review of complete plans sets within twenty-one (21) calendar days. However, very large subdivision proposals or subdivision proposals involving very difficult engineering solutions may take longer to review.
6. The developer shall pay a nonrefundable engineering review fee, as established by resolution of the City Council, to defray the cost of the initial engineering review as noted above. Said initial engineering review fee shall include one (1) follow-up review. Additional fees shall be charged for any subsequent follow up reviews.
7. Upon approval of the detailed engineering plans, the City Engineer shall provide a letter to the developer and to City Planning Division Staff advising that said plans have been approved and that construction of said improvements can begin.
8. Once approved, no construction or field changes can be made without written approval of those changes by the City Engineer or his field designee. Without said written approval field changes will not be considered approved.
9. Upon completion of the construction of the utility and street improvements that were part of the detailed engineering plans, and confirmation of completion by the City Engineer, the developer can apply for final plat approval.
10. Application requirements for major subdivision final plat approval are:
  1. If the Major Subdivision Final Plat is consistent with an approved and valid preliminary plat:
    1. A completed application for approval of a major subdivision final plat;
    2. Names, addresses, telephone numbers and e-mail addresses of the owner(s), developer, professional engineer, or professional land surveyor (both must be currently licensed in the State of Iowa) or any of their agents;
    3. A nonrefundable filing fee, as established by resolution of the City Council, to defray administrative costs;
    4. One (1) digital and five (5) paper copies of the final plat in a size acceptable to the County Recorder;
    5. For extraterritorial subdivisions plats, an agreement signed by the property owner, binding future owners to petition for voluntary annexation of the property at such time as annexation becomes permissible under the Code of Iowa;
  2. Approval procedures for final plats that conform with an approved preliminary plat:
    1. Upon receipt of an application to approve a final plat that the Administrator has determined to be conforming to an approved preliminary plat, staff of the Planning and Zoning Division of the Community and Economic Development Department shall, by e-mail, inform relevant City department and public utility providers of the proposal. Said providers shall respond within seven (7) calendar days about any concerns they have about the final plat;
    2. The Administrator shall consider the comments to determine if the proposed plat conforms to the preliminary plat;
    3. The engineering division of the Public Works Department shall also review the final plat to determine is all proposed utilities have been properly installed;
    4. The engineering division of the Public Works Department shall also review the proposed final plat for closure;
    5. If the Administrator determines that the proposed final plat conforms to the Preliminary Plat, the plat shall be placed on the City Council’s next available agenda;
    6. No public notice shall be required for this process.
  3. If the Major Subdivision Final Plat is not consistent with an approved and valid preliminary plat:
    1. Major subdivision final plats that do not conform to an approved and valid preliminary plat must be reviewed in the same manner and subject to the same requirements as a minor subdivision final plat as described in Section 25.04.040 of this Ordinance and in such case, there shall be no Presumption of Approval.
  4. The determination as to whether or not a final play conforms to any preliminary plat shall be made by the Administrator.
11. Major subdivision final plats shall contain the following:
  1. A layout in plan view of the subdivision, including:
    1. The boundary and dimensions of the proposed subdivision in relation to monuments for two (2) U.S. public land survey system corners or two (2) corners of a recorded subdivision;
    2. Dimensions and bearings of lots and rights-of-way. Sequential numbering of lots shall also be indicated. Outlots, labeled either as unsuitable for building or as reserved for future development, or reserved for a different use such as storm water detention, shall be indicated by sequential letter labels;
    3. Existing and proposed easements for public and private utilities, drainage and access;
    4. Dimensions and bearings (if different from another given boundary) of the boundaries of the easements shall be shown;
    5. Approximate boundaries of areas subject to floods as indicated on the Official Flood Plain Zoning Map adopted by Subsection 25.04.190.4 of the Municipal Code;
    6. Names of all adjoining subdivisions;
    7. Areas of fill in excess of two (2) feet shall be shown on a fill addendum;
    8. Any graphic materials prepared on computer aided drafting systems shall also be submitted on electronic media;
    9. Other pertinent information requested by representatives of City departments or public utilities
    10. For extraterritorial subdivisions plats, an agreement signed by the property owner, binding future owners to petition for voluntary annexation of the property at such time as annexation becomes permissible under the Code of Iowa.
  2. Major subdivision final plats shall contain the following certifications, all of which must be signed prior to recording of the plat:
    1. Dedication Certificate;
    2. City Council Resolution Certificate;
    3. Owners Consent to Plat;
    4. City Engineer’s Certificate (If the property is within the corporate limits of Sioux City);
    5. County Engineers Certificate (If the property is in Woodbury or Plymouth County);
    6. Title Opinion;
    7. City Treasurer’s Certificate;
    8. Auditor’s Approval of Subdivision Name;
    9. Auditor and Recorder’s Certificate of Recording;
    10. Certificate Referencing Annexation Agreement (If the property is in Woodbury or Plymouth County).
Planning and Zoning Commission review
1. The Planning and Real Estate Division of the Economic and Community Development Department shall distribute copies of the major subdivision final plat to the appropriate City departments and public and private utility providers.
  1. The appropriate City departments, public agencies and public and private utility providers shall review the major subdivision final plat and prepare reports of their findings. Their comments shall be submitted to the City Council prior to the public meeting on the major subdivision final plat.
  2. The City engineering division staff shall specifically comment on the conformance or lack of conformance of the major subdivision final plat to the approved major subdivision preliminary plat and closure of the perimeter of the major subdivision final plat.
  3. A major subdivision final plat that is consistent with a valid City Council approved preliminary plat need not be reviewed by the Planning and Zoning Commission.
2. A major subdivision final plat shall not be forwarded to the City Council for approval until the City Engineer has determined that all relevant improvements have either been properly installed or their installation is guaranteed as noted in Subsection 25.04.050(1)(g)(1)(B) of the Municipal Code.
City Council review. The City Council shall review the major subdivision final plat, staff reports, and any other relevant information to determine whether said major subdivision final plat conforms to the, ordinances, the Comprehensive Plan and other policies of the City. Within thirty (30) calendar days from receipt of the report and recommendations of the Planning and Zoning Commission, the City Council shall approve, approve with conditions, or disapprove the major subdivision final plat. The City Council may table the matter with the consent of the developer. If the major subdivision final plat is found to conform to all relevant City policies, ordinances and the Comprehensive Plan, it shall be approved. Approval shall be in the form of a resolution to be certified as part of the major subdivision final plat.
Effect of Major Subdivision Final Plat Approval.
1. The City Clerk shall not sign the major subdivision final plat until all other necessary City signatures have been affixed to the major subdivision final plat. After the major subdivision final plat is approved, but before the City signatures are affixed to the major subdivision final plat, the following must occur:
  1. One (1) set of "as-built" plans, in a format acceptable to, and approved by, the City Engineer, shall be submitted to the City Engineer prior to the time he or she affixes their signature to the major subdivision final plat if practical. If not, submission of “as built” plans shall be secured through a Subdivision Improvement Installation Agreements ensuring the submission of said plans in a reasonable time as determined by the City Engineer.
  2. Subdivision Improvement Installation Agreements ensuring the installation of the following improvements must be signed prior to approval of the major subdivision final plat:
    1. Sidewalks to be installed within five (5) years;
    2. Detention Pond Maintenance Agreement;
    3. Street Light Installation Agreement;
    4. Submission of “as built plans”;
    5. Extraterritorial Annexation Agreements executed prior to final plat approval.
2. An approved major subdivision final plat authorizes the developer to proceed with the process of securing needed City signatures on the major subdivision final plat and once secured, recording the plat.

(Ord. 2020-0858; 2015-0215)

Effective on: 12/1/2020

25.04.060 Guarantees of Performance

A cashier's check or an escrow account at an acceptable institution in an amount equal to 110% of the estimated cost of the public improvements to be constructed as approved by the City Engineer. The developer may withdraw or reduce the amount of the security in amounts approved by the City engineering division as public improvements are constructed and inspected. Not more than 90% of the security may be withdrawn prior to filing of the required maintenance bonds and acceptance of the public improvements by the City. An escrow account that requires only the signature of the City Finance Director or the City Treasurer for release of funds will meet the requirements of this form of security.
A surety bond issued by an acceptable insurance or bonding company upon which the developer is a principal and the City is the sole obligee. The bond shall be in an amount equal to 110% of the estimated cost of the public improvements to be constructed as approved by the City Engineer. The assignment of contractor's performance bonds will not satisfy this provision.
An irrevocable letter of credit from an acceptable financial institution in an amount equal to 110% of the estimated cost of the public improvements to be constructed as approved by the City Engineer. The letter of credit shall provide that if all required public improvements are not completed and accepted within the time allowed, the City may draw sufficient funds from the letter of credit to finance the construction of any remaining required public improvements.
A petition, waiver of notice and consent to special assessments for the design and installation by the City of the required public improvements. This form of security may be used when the time limit for performance is longer than one (1) year or undetermined. The petition, waiver and consent must be in a form that extends in effect to subsequent owners to assure that the public improvements will be constructed when feasible.
Post improvement utility installation shall be guaranteed by a Subdivision Improvement Installation Agreement.
The term of all Subdivision Improvement Installation Agreements shall begin on the date when the final plat is recorded.

(Ord. 2020-0858; 2015-0215)

Effective on: 12/1/2020

25.04.070 Auditor’s Plats

(Ord. 2020-0858; 2015-0215)

Effective on: 12/1/2020

25.04.080 Design Standards

General.

General standards for the design and layout of subdivisions are set forth in this section. This section lists improvements that must be shown on major subdivision preliminary plats assuming that information is applicable and then constructed accordingly. This section shows the standards, size, length and other measurements those improvements must be.
Specific standards for design of public improvements are found in the following policies:
1. The Comprehensive Plan.
2. The SUDAS Manual.
3. The City Supplement to the SUDAS Manual.
4. Best Engineering Practices as interpreted by the City Engineer.
5. Other adopted City policies.
6. Conformance with the Comprehensive Plan.
The location, classification, size and character of streets and other public facilities required for a subdivision shall conform to:
1. The Comprehensive Plan.
2. The SUDAS Manual.
3. The City Supplement to the SUDAS Manual.
4. Best Engineering Practices as interpreted by the City Engineer.
5. Other adopted City policies.
6. Conformance with the Comprehensive Plan.
Grading
1. Grading must be consistent with the approved preliminary plat.
2. Grading of the subdivision shall meet the standards for slopes, setbacks and compaction set forth in Subsection 25.04.050(1)(c)(2) of the Municipal Code and shall be otherwise consistent with the preliminary plat. Erosion control shall be provided during and after grading in accordance with the requirements of the SUDAS Manual and the City Supplement to the SUDAS Manual.
Lots and Blocks.
1. Block length between intersecting streets shall be appropriate to serve circulation needs within and through the subdivision. Blocks longer than one thousand (1,000) feet should be avoided in residential areas.
2. Each lot in a subdivision shall have at least twenty-five (25) feet of frontage on a public street right-of way. Access cannot solely be from an alley.
3. Double-frontage lots are allowed in residential areas only in order to avoid driveways on major streets.
4. Side lot lines should be approximately perpendicular to the front lot line or radial to curved front lot lines. The minimum width and depth of lots shall be determined by the bulk regulations of the zoning district. Usable building sites shall remain when all required setbacks and easements are taken into account; corner lots should be wider than interior lots to allow for corner side yard setbacks.
5. The use of flag lots shall be encouraged when they can be used to allow for better use of development sites or to allow for innovative development designs.
Streets.
1. In general, all new streets shall conform to the following standards for streets built under the Subdivision Ordinance:
  1. Grade. All streets shall have a maximum grade of 10% and a minimum grade of 0.5%.
  2. Right-of-way.
    1. All residential local service streets, including residential local service streets leading to a cul-de-sac turn around, shall be dedicated with a 60-foot right-of-way.
    2. All rural local service streets shall be dedicated with a 66-foot right-of-way.
    3. All collector and commercial local service streets shall be dedicated with a 70-foot right-of-way.
    4. The required dedicated right-of-way for arterial streets shall be determined and approved by the City Engineer.
  3. Paving Width.
    1. All residential local service streets, including residential local service streets leading to a cul-de-sac turn around, shall be paved with a 31-foot (back of curb to back of curb) wide paved surface.
    2. All commercial local service streets, including commercial local service streets leading to a cul-de-sac turn around, shall be paved with a 37-foot (back of curb to back of curb) wide paved surface.
    3. All rural local service streets shall be paved with a 24-foot (back of curb to back of curb) wide paved surface. The Planning and Zoning Commission and the City Council upon recommendation of the City Engineer and the Administrator and based on the standards set forth in Subsection 25.04.010(7) may approve a nonpaved surface of at least twenty-four (24) feet.
    4. All arterial and collector streets shall be paved in a manner approved by the City Engineer based on the standards set forth in Subsection 25.04.010(7).
  4. Cul-de-sac turn around right-of-way.
    1. All residential cul-de-sac turn arounds shall be dedicated with a 50-foot turn around radius.
    2. All commercial cul-de-sac turn arounds shall be dedicated with a 60-foot turn around radius.
  5. Cul-de-sac turn around paving.
    1. All residential cul-de-sac turn arounds shall be paved with a 35-foot turn around radius.
    2. All commercial cul-de-sac turn arounds shall be paved with a 50-foot turn around radius.
  6. Cul-de-sac turn around length. No cul-de-sac of any type shall exceed six hundred (600) feet in length measured from the center of the turnaround to the center of the nearest street intersection provided the cul-de-sac is built in a manner consistent with Section 107 of the International Fire Code.
  7. The above standards are general; for detailed regulations refer to SUDAS Table 5C-1.02: Acceptable Roadway Elements.
  8. As it is the policy of the City of Sioux City to encourage traffic calming and improved street aesthetics, proposed streets that contain non-transportation amenities such as roundabouts, traffic circles, or medians shall be designed by, or have its design specifically approved by the City Engineer. The City Engineer shall, in combination with the Administrator, review the design for proper traffic flow and geometrics as dictated by Best Engineering practices as well as for landscaping, appearance and livability of the subdivision.
  9. Topography. Street patterns should conform to topography in order to maximize the utility of building sites with minimum grading.
Continuity and Alignment of Streets.
1. If practical, streets should be extensions of existing streets, but if an offset is necessary, it should be at least one hundred and twenty-five (125) feet from centerline of one intersecting street to the other.
2. Streets should intersect as nearly as possible to right angles with a minimum angle of intersection of 80°.
3. Streets should not terminate in a dead-end except at the edge of a subdivision when an extension is planned to extend the street farther in subsequent developments. Dead-end streets shall have a temporary turn-around on either dedicated right-of-way or temporary easements.
4. On preliminary plats which show dead-end or cul-de-sac streets, a study prepared in partnership with City staff must accompany the plat analyzing the possibilities of street extensions. Based on the City’s Comprehensive Plan and other approved City plans, streets with no desirability of extension should stop with enough distance between the end of the right-of-way and the property line to accommodate a lot. Streets with a likelihood or desirability of being extended must be extended to the limit of the subdivision plat filing in a manner that would allow the street to be extended so the right-of-way and paving meet the abutting property.
Cul-de-sacs.
1. Cul-de-sacs longer than six hundred (600) feet shall only be allowed where physical limitations prohibit other access to property, or where the street is expected or planned to be extended to connect with another part of the street system.
2. A turn-around of a design acceptable to the City Engineer shall be provided at the closed end of a cul-de-sac.
3. Sight distances. Maximum vertical and horizontal curvatures of streets are determined based upon sight distance factors set forth in the SUDAS Manual and the City Supplement to the SUDAS Manual.
Alleys. Alleys are not required, but are permitted when a second alternative means of access or frontage to property is desired. Alleys shall be paved to a width of sixteen (16) feet.
Drainage, Runoff and Flooding.
1. A drainage report, prepared by a professional engineer currently licensed in the State of Iowa must be submitted to the staff of the Planning and Real Estate Division of the Economic and Community Development Department. Said drainage report shall review existing and proposed drainage patterns. Said drainage report shall be prepared in accordance with Chapter 12.16 of the Municipal Code, Storm Water Management, and the SUDAS Manual including the City Supplement.
2. Approximate boundaries of areas subject to floods as indicated on the Official Flood Plain Zoning Map referenced by Subsection 25.04.190.4 of the Municipal Code shall be indicated on the preliminary plat.
3. Approximate boundaries of storm water retention/detention areas, wet lands streams, and wooded areas shall be indicated on the preliminary plat.
Sewage
1. All lots shall be served by public sanitary sewer facilities of sufficient capacity for the intended use of the property unless it is infeasible to extend sanitary sewer lines to the property. A lot where the nearest lot line, irrespective of the location of any proposed structures is more than two hundred (200) feet from the nearest public gravity sewer main capable of accommodating a residential sewer connection shall be considered infeasible to serve.
2. Lots that are infeasible to be served by sanitary sewer may be served by individual or group sanitary facilities subject to approval by the City's Inspection Services Division.
3. The standard diameter for a sanitary sewer main, subject to oversizing as may or may not be required by the City Engineer, shall be eight (8) inches or the size necessary to serve the proposed development whichever is greater.
4. On preliminary plats which show dead-end sanitary sewer lines, a study prepared in partnership with City staff must accompany the plat analyzing the possibilities of extending the sewer. Sewers with a likelihood of desirability of being extended must be designed so as to be able to be extended to the abutting property.
Water.
1. All lots shall be served by public water supply facilities of sufficient capacity for the intended use of the property unless it is infeasible to extend public water service to the property.
2. Lots that are infeasible to be served by public water supply facilities may be served by individual or group wells and water treatment subject to approval by the City's utilities department.
3. The standard diameter for a water main, subject to oversizing as may or may not be required by the City Engineer, shall be eight (8) inches or whatever is required to accommodate the developer’s project, whichever is larger.
4. On preliminary plats which show dead-end water mains, a study prepared in partnership with City staff must accompany the plat analyzing the possibilities of extending the water main. Mains with a likelihood or desirability of being extended must be designed so as to be able to be extended to the abutting property.
5. Looped mains are desirable and will be required unless determined to be physically infeasible by the City Engineer.
6. Service water lines to each lot shall be installed as part of the utility improvement installation unless specifically delayed until construction of the main structure to ensure proper water quality.
7. If water service is proposed to/in the subdivision, the developer shall review with City staff to determine which pressure zone the subdivision is in and its maximum service elevation. If the final proposed elevation of any lots in the proposed subdivision is within ten (10) feet of the maximum service elevation for said pressure zone the likely elevation of the building site on those lots shall be identified on the preliminary plat. The pressure zones and their maximum service elevations are as follows:

Grandview	1269
Indian Hills	1416
Morningside	1344
Western Hills	1378

Said pressure zones are described on the following map:

1. Storm Water.
  1. Storm water management within subdivisions shall be in conformance with the SUDAS Manual and/or the City Supplement to the SUDAS Manual. Storm water detention ponds shall be located and designed in a manner consistent with the approved preliminary plat and shall remain the property of the developer and/or homeowners' association who shall be responsible for the maintenance of said detention ponds.
2. Street Lights.
  1. If streets are proposed, a street lighting plan shall be proposed indicating the type of lighting and the location of lighting. The street lighting plan shall show street light spacing as follows:
  2. In the case of Residential Local Service Streets:
    1. One (1) street light at the end of each cul-de-sac.
    2. One (1) street light at each intersection.
    3. One (1) street light at any horizontal curve.
    4. One (1) street light every 250 feet in areas where the above conditions do not apply.
    5. Where cul-de-sacs exceed two hundred and fifty (250) feet in length, a mid-cul-de-sac light shall be shown.
  3. In the case of Residential Collector Streets:
    1. One (1) street light at each intersection.
    2. One (1) street light at any horizontal curve.
    3. One (1) street light every one hundred and twenty-five (125) feet in areas where the above requirements do not apply.
    4. In all other cases, such as commercial streets and arterial streets, street light spacing and globes, shall be determined by the City Engineer.
  4. Street Light Poles, Globes, and Wattages.
    1. Residential street lights shall consist of LED (Light Emitting Diode) fixtures.
    2. Residential street lights shall consist of 38 watt LED fixtures
    3. Unless specifically modified in writing by the City Engineer, residential street light poles shall be twenty-five (25) feet tall mounted on poles stocked by the City.
    4. Globes for residential street lights shall be of a type stocked by the City.
    5. Street light poles. Globes and wattages for LED fixtures on all streets shall be approved by the City Engineer.
    6. Street lighting shall be installed by the developer in conformance with the approved street lighting plan of the preliminary plat and other specifications of both the electric company (MidAmerican Energy, Woodbury County REC, or Plymouth County REC) where appropriate, and the City of Sioux City.
    7. Street lights shall be installed with electrical wires inside conduit approved by the City Engineer connecting multiple street lights within a subdivision.
    8. Installation of said street lights shall be assured by execution of a Subdivision Improvement Installation Agreement.
    9. With approval of the final plat, and approval of a Subdivision Improvement Installation Agreement if necessary by the City Council, street lights shall be dedicated to the City and the City shall become responsible for maintenance upon approval of their installation by the City Engineer.
3. Sidewalks.
  1. It shall be the policy of the City of Sioux City that bicycle and pedestrian circulation as well as vehicle circulation is an integral part of the City’s transportation system.
  2. Preliminary plats shall show sidewalks along all streets within subdivisions intended for residential, commercial, or industrial development unless the City Engineer approves a sidewalk installation waiver.
  3. Sidewalks along streets within subdivisions intended for residential or commercial development shall be five (5) feet wide and located in a manner consistent with the City's standard street cross section.
  4. Given that pedestrian traffic may or may not be compatible with industrial activities or traffic, sidewalks along streets within subdivisions intended for industrial development shall be required only in those cases where the City Engineer, Administrator and Fire Chief determines that sidewalks are necessary and appropriate. If required, sidewalks within subdivisions intended for industrial development shall be of the design, width, and location determined by the City Engineer.
  5. Sidewalks along lots or tracts that are not intended to be developed, such as outlots used for storm water detention or tracts reserved for open space shall be installed during subdivision construction and the final plat shall not be approved until the sidewalks are installed or assured.
  6. Sidewalks along lots that are intended to be developed with residences or commercial uses but that have not been so developed shall be installed within five (5) years after the date of plat approval. Said sidewalk installation shall be ensured by a Subdivision Improvement Installation Agreement that shall be signed at the time of plat approval and approved by the City Council.
  7. In the case of sidewalks in alignment with bicycle trails shown on the City's Trails Master Plan, the sidewalks shall be ten (10) feet wide.
  8. Trail extensions shall be constructed in a manner consistent with the City's Trails Master Plan.
  9. Sidewalks along lots that are intended to be developed with residences or commercial uses need not be installed until said lot is developed. In such cases, sidewalk installation shall be ensured as part of the building permit.
  10. In order to ensure that sidewalks are constructed in conformance with the Americans with Disabilities Act, the portion of sidewalks from the curb of an intersecting street to a point past where handicapped ramps and truncated dome panels that are consistence with ADA requirements are shown, shall be installed with other required improvements prior to final plat submission. In the event that this portion of sidewalk and/or ADA panels are damaged during construction of the building on the abutting lot, the City shall hold the purchaser of the lot and not the developer responsible for repair to said portion of the sidewalk.
4. Private Utilities.
  1. In the case of private utilities, all service lines shall be extended to each lot in a manner acceptable to the utility company.
  2. An easement for electrical, telephone, and other private utilities shall be shown at the intersection of each side lot line and right-of-way line. Said easements shall be ten (10) feet x ten (10) feet or five (5) feet x ten (10) feet along each side of the property line.
5. Prior to approval of the preliminary plat, the City’s Engineering staff shall determine where “stop signs”, “speed limit signs”, street name signs” and other similar public hardware should be located. The City shall fabricate the signs. During construction of the subdivision, the developer shall install said public hardware in conformance with approved plans. Upon approval of the final plat, the developer shall reimburse the City for the cost of fabrication and installation of said public hardware and the City shall take ownership of them.

(Ord. 2020-0858; 2015-0215)

Effective on: 12/1/2020

Sec. 25.04.130 Purpose and Application

Reserved

Effective on: 1/1/1901

Sec. 25.04.140 Drainage System

Reserved

Effective on: 1/1/1901

Sec. 25.04.150 Drainage Plans Required

Reserved

Effective on: 1/1/1901

Sec. 25.04.160 Continuing Maintenance

Reserved

Effective on: 1/1/1901

Sec. 25.04.170 Stormwater Management

Reserved

Effective on: 1/1/1901

Sec. 25.04.180 Stormwater Pollution Prevention

Reserved

Effective on: 1/1/1901

Sec. 25.04.200 Purpose and Application

Reserved

Effective on: 1/1/1901

Sec. 25.04.210 Construction Noise

Reserved

Effective on: 1/1/1901

Sec. 25.04.220 Vibration

Reserved

Effective on: 1/1/1901

Sec. 25.04.230 Air Quality

Reserved

Effective on: 1/1/1901

Sec. 25.04.240 Water Quality and Quantity

Reserved

Effective on: 1/1/1901

Sec. 25.04.250 Glare

Reserved

Effective on: 1/1/1901

Subsection 25.04.190.1 Findings of Fact

These flood losses, hazards and related adverse effects are caused by

a.
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
b.
The cumulative effect of obstructions on the floodplain causing increases in flood heights and flood water velocities.

a.
Determination of flood magnitudes and the corresponding flood frequencies by statistical and engineering calculations which permits a consideration of such flood factors as expected frequency of occurrence, area inundated, and depth of inundation.
b.
Calculation of water surface profiles based upon a hydraulic engineering analysis of the capability of the stream channel and overbank areas to convey flood flows.
c.
Computation and delineation of a floodway, an area which must be reserved (no obstructions) for conveyance of flood flows so that flood heights and velocities will not be substantially increased by future encroachment on the floodplain.

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

25.04.190.2 Statement of Purpose

1.
Reserve sufficient floodplain area for the conveyance of flood flows so that flood heights and velocities will not be increased substantially.
2.
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.
3.
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.
4.
Protect individuals from buying lands which may not be suited for intended purposes because of flood hazard.
5.
Assure that eligibility is maintained for property owners in the community to purchase flood insurance through the National Flood Insurance Program.

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.3 Lands to Which Chapter Applies

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

25.04.190.4 Official Floodplain Zoning Map

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.5 Rules for Interpretation of District Boundaries

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.6 Compliance

(Ord. 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.7 Abrogation and Greater Restrictions.

(Ord. 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.8 Interpretation

(Ord. 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.9 Warning and Disclaimer of Liability

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.10 Establishment of Zoning Districts

1.
The floodplain areas within the jurisdiction of this chapter are hereby divided into the following districts:
1. a.
  Floodway (Overlay) District (FW) are those areas identified as Floodway on the Official Floodplain Zoning Map;
2. b.
  Floodway Fringe (Overlay) District (FF) are those areas identified as Zone AE on the Official Floodplain Zoning Map but excluding those areas identified as Floodway;
3. c.
  General Floodplain (Overlay) District (GF) are those areas identified as Zone A on the Official Floodplain Zoning Map; and
4. d.
  Shallow Flooding (Overlay) Districts (SF) are those areas identified as Zone AO or AH on the Official Floodplain Zoning Map.
2.
The boundaries shall be as shown on the Official Floodplain Zoning Map. Within these districts, all uses not allowed as Permitted Uses are prohibited unless a variance to the terms of this chapter is granted after due consideration by the Board of Adjustment.

Figure 25.04.190.10.1
Floodplain Cross Section and Floodway Map

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

25.04.190.11 Floodway (Overlay) District (FW)

a.
Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting.
b.
Industrial-commercial uses such as loading areas, parking areas, airport landing strips.
c.
Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking trails, biking trails, and horseback riding trails.
d.
Residential uses such as lawns, gardens, parking areas and play areas.
e.
Such other open-space uses similar in nature to the above uses.

a.
Uses or structures accessory to open-space uses.
b.
Circuses, carnivals, and similar transient amusement enterprises.
c.
Drive-in theaters, new and used car lots, roadside stands, signs, and billboards.
d.
Extraction of sands, gravel, and other materials.
e.
Marinas, boat rentals, docks, piers, wharves.
f.
Utility transmission lines, underground pipelines.
g.
Other uses similar in nature to uses described in Subsection 25.04.190.11 which are consistent with the provisions of Subsection 25.04.190.11 and the general spirit and purpose of this chapter.

Performance Standards. All Floodway District uses allowed as a permitted or conditional use shall meet the following standards:

a.
No development shall be permitted in the Floodway District that would result in any increase in the base flood elevation. 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.
b.
All development within the Floodway District shall:
1. 1.
  Be consistent with the need to minimize flood damage.
2. 2.
  Use construction methods and practices that will minimize flood damage.
3. 3.
  Use construction materials and utility equipment that are resistant to flood damage.
c.
No development shall affect the capacity or conveyance of the channel or floodway or any tributary to the main stream, drainage ditch, or any other drainage facility or system.
d.
Structures, buildings, recreational vehicles and sanitary and utility systems, if permitted, shall meet the applicable performance standards of the Floodway Fringe District and shall be constructed or aligned to present the minimum possible resistance to flood flows.
e.
Structures, if permitted, shall have a low flood damage potential and shall not be for human habitation.
f.
Storage of materials or equipment that are buoyant, flammable, explosive or injurious to human, animal or plant life is prohibited. Storage of other material may be allowed if readily removable from the Floodway District within the time available after flood warning.
g.
Watercourse alterations or relocations (channel changes and modifications) must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved by the Iowa Department of Natural Resources.
h.
Any fill allowed in the floodway must be shown to have some beneficial purpose and shall be limited to the minimum amount necessary.
i.
Pipeline river or stream crossings shall be buried in the streambed and banks or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering or due to the action of the flood flows.

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

25.04.190.12 Floodway Fringe (Overlay) District (FF)

Performance Standards. All development must be consistent with the need to minimize flood damage and shall meet the following applicable performance standards:

a.
Until a regulatory floodway is designated, no development may increase the Base Flood Elevation more than one (1) foot. The applicant will be responsible for providing the Department of Natural Resources with sufficient technical information to make such determination.
b.
All development shall
1. 1.
  Be designed and adequately anchored to prevent flotation, collapse or lateral movement,
2. 2.
  Use construction materials and utility equipment that are resistant to flood damage, and
3. 3.
  Use construction methods and practices that minimize flood damage.
c.
Residential Structures. All new or substantially improved residential structures shall have the lowest floor, including basements, elevated a minimum of one (1) foot above the base flood elevation. Construction shall be upon compacted fill which shall, at all points, be no lower than one (1) foot above the base flood elevation and extend at such elevation at least eighteen (18) feet beyond the limits of any structure erected thereon. Alternate methods of elevating (such as piers or extending foundations) may be allowed, subject to favorable consideration by the Board of Adjustment and issuance of a Conditional Use Permit, where existing topography, street grades, or other factors preclude elevating by fill. In such cases, the methods used must be adequate to support the structure as well as withstanding the various forces and hazards associated with flooding.
1. 1.
  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 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.
d.
Non-Residential Structures. All new and substantially improved nonresidential structures shall have the lowest floor (including basement) elevated a minimum of one (1) 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 of Iowa shall certify that the floodproofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 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 Administrator.
e.
All new and substantially improved structures:
1. 1.
  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:
  1. A.
    A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided.
  2. B.
    The bottom of all openings shall be no higher than one (1) foot above grade.
  3. C.
    Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
  4. D.
    Such areas shall be used solely for parking of vehicles, building access and low damage potential storage.
2. 2.
  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.
3. 3.
  New and substantially improved structures shall be constructed with electric meter, electrical service panel box, hot water heater, heating, air conditioning, ventilation equipment (including ductwork), and other similar machinery and equipment elevated (or in the case on non-residential structures, optionally floodproofed to) a minimum of one (1) foot above the base flood elevation.
4. 4.
  New and substantially improved structures shall be constructed with plumbing, gas lines, water/gas meters and other similar service utilities either elevated (or in the case of non-residential structures, optionally floodproofed to) a minimum of one (1) foot above the base flood elevation or designed to be watertight and withstand inundation to such a level.
f.
Factory-built homes:
1. 1.
  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 as required by the State Building Code.
2. 2.
  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 (1) foot above the base flood elevation.
g.
Utility and Sanitary Systems:
1. 1.
  All new and replacement sanitary sewage systems shall be designed to minimize and 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 (1) foot above the base flood elevation.
2. 2.
  On-site wastewater disposal and water supply systems shall be located or designed to avoid impairment to the systems or contamination from the systems during flooding.
3. 3.
  New or replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems. Water supply treatment facilities (other than on-site systems) shall be provided with a level of protection equal to or greater than one (1) foot above the base flood elevation.
4. 4.
  Utilities such as gas or electrical systems shall be located and constructed to minimize or eliminate flood damage to the systems and the risk associated with such flood damaged or impaired systems.
h.
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 (1) foot above the base flood elevation. Other material and equipment must either be similarly elevated or
1. 1.
  not be subject to major flood damage and be anchored to prevent movement due to flood waters or
2. 2.
  be readily removable from the area within the time available after flood warning.
i.
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 Iowa Department of Natural Resources.
j.
Watercourse alterations or relocations must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, the Department of Natural Resources must approve such alterations or relocations.
k.
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 chapter. 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 (5) acres or 50 lots (whichever is less) shall include base flood elevation data for those areas located within the Floodway Fringe (Overlay) District.
l.
Accessory structures to residential uses, 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:
1. 1.
  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.
2. 2.
  The structure shall be designed to have low flood damage potential. Its size shall not exceed 600 sq. ft. in size. Those portions of the structure located less than one (1) foot above the base flood elevation must be constructed of flood-resistant materials.
3. 3.
  The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters.
4. 4.
  Structures shall be firmly anchored to prevent flotation, collapse, and lateral movement which may result in damage to other structures.
5. 5.
  The structure's service facilities such as electrical and heating equipment shall be elevated or floodproofed to at least one (1) foot above the base flood elevation.
6. 6.
  The structure’s walls shall include openings that satisfy the provisions of Subsection 25.04.190.12 (2.e.1 and 2.) of this chapter.
7. 7.
  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.
m.
Recreational vehicles.
1. 1.
  Recreational vehicles are exempt from the requirements of Subsection 25.04.190.12(2.f.) of this chapter regarding anchoring and elevation of factory-built homes when the following criteria are satisfied.
  1. A.
    The recreational vehicle shall be located on the site for less than 180 consecutive days; and
  2. B.
    The recreational vehicle must be fully licensed and ready for highway use. A recreational vehicle is ready for highwa y 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.
2. 2.
  Recreational vehicles that are located on the site for more than 180 consecutive days or are not ready for highway use must satisfy the requirements of Subsection 25.04.190.12(2.f.) of this chapter regarding anchoring and elevation of factory-built homes.
n.
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.
o.
Maximum Damage Potential Development - All new or substantially improved maximum damage potential development shall have the lowest floor (including basement) elevated a minimum of one (1) foot above the elevation of the 500-year flood, or together with attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a professional engineer registered in the State of Iowa shall certify that the floodproofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 0.2% annual chance flood; and that the structure, below the 0.2% annual chance flood elevation is watertight with walls 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 Administrator. Where 0.2% chance flood elevation data has not been provided in the Flood Insurance Study, the Iowa Department of Natural Resources shall be contacted to compute such data. The applicant will be responsible for providing the Department of Natural Resources with sufficient technical information to make such determinations.

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

25.04.190.13 General Floodplain (Overlay) District (GF)

1.
Permitted Uses. All development within the General Floodplain District shall be permitted to the extent that they are not prohibited by any other chapter (or underlying zoning district) and provided they do not include placement of structures, factory-built homes, fill or other obstructions; the storage of materials or equipment; excavation; or alteration of a watercourse.
1. a.
  Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting.
2. b.
  Industrial-commercial uses such as loading areas, parking areas, airport landing strips.
3. c.
  Private and public recreation uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking trails, bike trails, and horseback riding trails.
4. d.
  Residential uses such as lawns, gardens, parking areas and play areas.
5. e.
  Review by the Iowa Department of Natural Resources is not required for the proposed construction of new or replacement bridges or culverts where:
  1. 1.
    The bridge or culvert is located on a stream that drains less than two (2) square miles, and
  2. 2.
    The bridge or culvert is not associated with a channel modification that constitutes a channel change as specified in 567-71.2(2), Iowa Administrative Code.
2.
Conditional Uses. Any development which involves placement of structures, factory-built home, fill or other obstructions; the storage of materials or equipment; excavation; or alteration of a watercourse may be allowed only upon issuance of a Conditional Use Permit by the Board of Adjustment as provided for in Section 25.86.150-3. All such uses shall be reviewed by the Iowa Department of Natural Resources to determine:
1. a.
  Whether the land involved is either wholly or partly within the floodway or floodway fringe and
2. b.
  The base flood elevation. The applicant shall be responsible for providing the Iowa Department of Natural Resources with sufficient technical information to make the determination.
3.
Performance Standards.
1. a.
  All development, or portions thereof, to be located in the floodway as determined by the Iowa Department of Natural Resources shall meet the applicable provisions and standards of the Floodway Overlay District (Subsection 25.04.190.11).
2. b.
  All development, or portions thereof, to be located in the floodway fringe as determined by the Department of Natural Resources shall meet the applicable standards of the Floodway Fringe Overlay District (Subsection 25.04.190.12).

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

25.04.190.14 Shallow Flooding (Overlay) District (SF)

Performance Standards. The performance standards for the Shallow Flooding District shall be the same as the performance standards for the Floodway Fringe District with the following exceptions:

a.
In shallow flooding areas designated as an AO Zone on the Flood Insurance Rate Map, the minimum floodproofing/flood protection elevation shall be equal to the number of feet as specified on the FIRM (or a minimum of 2.0 ft. if no number is specified) above the highest natural grade adjacent to the structure.
b.
In shallow flooding areas designated as an AH Zone on the Flood Insurance Rate Map, the minimum floodproofing/flood protection elevation shall be equal to the elevation as specified on the FIRM.
c.
In shallow flooding areas designated as either and AH or AO Zone on the Flood Insurance Rate Map, drainage paths are required around structures on slopes to adequately guide floodwaters around and away from proposed structures.

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.15 Administration

Appointment, Duties and Responsibilities of Administrator:

a.
The City Manager or their designee is hereby appointed and shall administer and enforce this chapter and will herein be referred to as the Administrator.
b.
Duties and responsibilities of the Administrator shall include, but not necessarily be limited to, the following:
1. 1.
  Review all floodplain development permit applications to ensure that the provisions of this chapter will be satisfied.
2. 2.
  Review all floodplain development permit applications to assure that all necessary permits have been obtained from federal, state or local governmental agencies including approval when required from the Department of Natural Resources for floodplain construction.
3. 3.
  Record and maintain a record of
  1. A.
    the elevation (in relation to North American Vertical Datum 1988) of the lowest floor (including basement) of all new or substantially improved structures or
  2. B.
    the elevation to which new or substantially improved structures have been floodproofed.
4. 4.
  Notify adjacent communities and/or counties and the Iowa 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.
5. 5.
  Keep a record of all permits, appeals, variances and such other transactions and correspondence pertaining to the administration of this chapter.
6. 6.
  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.
7. 7.
  Notify the Federal Insurance Administration of any annexations or modifications to the community's boundaries.
8. 8.
  Review subdivision proposal to ensure such proposals are consistent with the purpose of this chapter and advise the City Council and Board of Adjustment of potential conflicts.
9. 9.
  Maintain the accuracy of the community’s Flood Insurance Rate Maps when;
  1. 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
  2. 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 (1) foot in the base elevation; or
  3. C.
    Development relocates or alters the channel.
    I.
    Within six (6) 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.
10. 10.
  Perform site inspections to ensure compliance with the standards of this chapter.
11. 11.
  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.

Floodplain Development Permit.

a.
Permit Required. A Floodplain Development Permit issued by the Administrator shall be secured prior to initiation of any floodplain development (any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, filling, grading, paving, storage of materials or equipment, excavation or drilling operations) including the placement of factory-built homes.
b.
Application for Permit. Application for a Floodplain Development Permit shall be made on forms supplied by the Administrator and shall include the following information:
1. 1.
  Description of the work to be covered by the permit for which application is to be made.
2. 2.
  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. 3.
  Location and dimensions of all structures and additions
4. 4.
  Indication of the use or occupancy for which the proposed work is intended.
5. 5.
  Elevation of the base flood.
6. 6.
  Elevation (in relation to North American Vertical Datum 1988) of the lowest floor (including basement) of structures or of the level to which a structure is to be floodproofed.
7. 7.
  For structures being improved or rebuilt, the estimated cost of improvements and market value of the structure prior to the improvements.
8. 8.
  Such other information as the Administrator deems reasonably necessary (e.g., drawings or a site plan) for the purpose of this chapter.
c.
Action for Permit Application. The 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. For disapprovals, the applicant shall be informed, in writing, of the specific reasons therefore. The Administrator shall not issue permits for Conditional Uses or Variances except as directed by the Board of Adjustment.
d.
Construction and Use to be as Provided in Application and Plans. 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 Subsection 25.04.190.17. The applicant shall be required to submit certification by a professional engineer or land surveyor, as appropriate, registered in the State of Iowa, that the finished fill, structure 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.

Conditional Uses, Appeals, and Variances.

a.
Duties of Board of Adjustment. The Board of Adjustment shall hear and decide:
1. 1.
  Applications for conditional uses upon which the Board is authorized to pass under this chapter;
2. 2.
  Appeals; and
3. 3.
  Requests for variances to the provisions of this chapter; and shall take any other action which is required of the Board.
b.
Conditional Uses. Requests for conditional uses shall be submitted to the Administrator, who shall forward such to the Board of Adjustment for consideration. Such requests shall include information ordinarily submitted with applications as well as any additional information deemed necessary to the Board of Adjustment.
c.
Appeals. Where it is alleged, there is any error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter, the aggrieved party may appeal such action. The notice of appeal shall be filed with the Board of Adjustment and with the official from which the appeal is taken and shall set forth the specific reason for the appeal. The official from whom the appeal is taken shall transmit to the Board of Adjustment all the documents constituting the record upon which the action appealed from was taken.
d.
Variances. The Board of Adjustment may authorize upon request in specific cases such variances from the terms of this chapter that 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. 1.
  Variances shall not be issued within any designed floodway if any increase in flood levels during the base flood would result. 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. 2.
  Variances shall only be granted upon
  1. A.
    A showing of good and sufficient cause,
  2. B.
    A determination that failure to grant the variance would result in exceptional hardship to the applicant, and
  3. 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 or conflict with existing local codes or ordinances.
3. 3.
  Variance shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard to afford relief.
4. 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 Administrator that;
  1. A.
    The issuance of a variance will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and
  2. B.
    Such construction increases risks to life and property.
5. 5.
  All variances granted shall have the concurrence or approval of the Department of Natural Resources.
e.
Hearings and Decisions of the Board of Adjustment.
1. 1.
  Hearings. Upon the filing with the Board of Adjustment of an appeal, an application for a Conditional Use or a request for a variance, the Board shall hold a public hearing. The Board shall fix a reasonable time for the hearing and give public notice thereof, as well as due notice to parties in interest. At the hearing, any party may appear in person or by agent or attorney and present written or oral evidence. The Board may require the appellant or applicant to provide such information as is reasonably deemed necessary and may request the technical assistance and/or evaluation of a professional engineer or other expert person or agency, including the Department of Natural Resources.
2. 2.
  Decisions. The Board shall arrive at a decision on an appeal, conditional use or variance within a reasonable time. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of this chapter, reverse, or affirm, wholly or in part, or modify the order, requirement, decision, or determination appealed from, and it shall make its decision, in writing, setting forth the findings of fact and the reasons for its decision. In granting a conditional use or variance, the Board shall consider such factors as contained in this section and all other relevant sections of this chapter and may prescribe such conditions as contained in Subsection 25.04.190.15(3.e.2.B.).
  1. A.
    Factors Upon Which the Decision of the Board Shall be Based. In passing upon applications for conditional uses or requests for variances, the Board shall consider all relevant factors specified in other sections of this chapter 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 lands 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 community.
    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 chapter.
  2. B.
    Conditions attached to conditional uses or variances. Upon consideration of the factors listed above, the Board may attach such conditions to the granting of conditional uses or variances as it deems necessary to further the purpose of this chapter. Such conditions may include, but not necessarily be limited to:
    I.
    Modification of waste disposal and water supply facilities.
    II.
    Limitation on 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 Iowa Department of Natural Resources and are deemed the only practical alternative to achieving the purposes of this chapter.
    V.
    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 flood waters.
    h.
    Pumping facilities or comparable practices for subsurface drainage systems for building to relieve external foundation wall and basement flood pressures.
    i.
    Construction to resist rupture or collapse caused by water pressure or floating debris.
    j.
    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.
    k.
    Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to flooding.
3. 3.
  Appeals to the Court. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the Board.

(Ord. 2024-0646, 2015-0215; 2015-0433)

Effective on: 6/13/2015

Subsection 25.04.190.16 Nonconforming Uses

a.
If such use is discontinued for six (6) consecutive months, any future use of the building premises shall conform to this chapter.
b.
If any nonconforming use or structure is destroyed by any means, including floods, it shall not be reconstructed if the cost is more than fifty (50) percent of the market value of the structure before the damage occurred, unless it is reconstructed in conformity with the provisions of this chapter. 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.
c.
Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming uses.

Except as provided in Subsection 25.04.190.16(1.c.) any use which has been permitted as a conditional use or variance shall be considered a conforming use.

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.17 Penalties for Violations

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.18 Amendments

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

25.04.190.19 Severability

(Ord. 2024-0646)

Effective on: 1/1/1901

Sioux City City Zoning Code

CHAPTER 25

04 Subdivision Design and Land Development

SUBCHAPTER 25.04-A SUBDIVISION

Subchapter 25.04-B (Reserved)

Reserved

Effective on: 12/1/2020

SUBCHAPTER 25.04-C STORM WATER MANAGEMENT

Reserved

SUBCHAPTER 25.04-E ENVIRONMENTAL QUALITY

Reserved

25.04.010 General Provisions.

Short Title. This chapter shall be known, cited and referred to as the Subdivision Ordinance of the City of Sioux City, Iowa.

Purpose.

Implement the Comprehensive Plan for the community;
Promote, preserve and protect the health, safety, morals and general welfare of the community;
Preserve architecturally, historically, and archeologically significant areas of the community;
Preserve environmentally sensitive areas of the community;
Provide a balance between the rights of landowners and the responsibility and authority of the City to review and regulate the subdivision of land and the installation of improvements;
Provide for accurate, clear and concise legal descriptions of real estate to prevent boundary disputes or real estate title problems; and
Provide for a balance between the rights of individual landowners and the economic, social and environmental concerns of the public.

Intent.

The intent of the regulations, procedures and standards set forth in this chapter is to:
1. Create a compact, contiguous, connected and efficient community;
2. Conserve the value of property throughout the community;
3. Encourage efficient urban development patterns;
4. Protect soil from wind and water erosion;
5. Lessen congestion in the streets;
6. Secure safety from fire, flood, panic and other dangers;
7. Provide adequate light and air;
8. Prevent overcrowding of the land;
9. Avoid undue dispersal of population;
10. Promote conservation and the efficient use of energy resources and reasonable access to solar, wind and other renewable energy;
11. Provide for the regulation and control of public facilities and services such as transportation, water, sewage disposal, sanitation, schools, recreation areas and other public improvements; and
12. Encourage development.

Authority.

General. The City Council is authorized by the provisions of the Code of Iowa, as amended, to review and consider approval of subdivision plats within its corporate boundary.
Extraterritorial Jurisdiction. Pursuant to authority granted in the Code of Iowa, as amended, and any 28E agreements with other jurisdictions, the City shall review all subdivisions created within the State of Iowa which are outside of its corporate limits but are within up to two (2) miles from the City’s corporate boundary, provided a copy of the City’s Subdivision Ordinance and the limits of its Extraterritorial Subdivision Jurisdiction are recorded with the Woodbury County Recorder and the Plymouth County Recorder.

Interpretation.

The regulation of subdivisions and subsequent development of land is an implementation of the City's Comprehensive Plan.
Land shall not be subdivided until adequate improvements as determined by the City Council such as, water and sanitary sewer and storm water drainage exist or are ensured.
Public improvements shall conform to the approved:
1. SUDAS Manual;
2. Subdivision Ordinance;
3. Complete Streets Policy;
4. Bike Trails Plan;
5. Parks Plan;
6. MUTCD Manual, and
7. Any other approved policies of the City of Sioux City.
The provisions of this chapter shall be held to be the minimum requirements for the protection of the public health, safety and general welfare and are not intended to limit or annul any more restrictive regulation or private agreements.
Jurisdiction. The regulations in this chapter shall apply to any division, subdivision or re-subdivision of a lot, tract, or parcel of land lying within its corporate boundaries or within any area up to two (2) miles distant from the corporate boundaries within the State of Iowa either for the purposes of sale or transfer of land for building or other development whether immanent, future, or for tax purposes.

When required.

A subdivision final plat and, where required by this chapter, a preliminary plat, shall be made when a tract of land is divided or subdivided into three (3) or more parcels irrespective of whether or not it is subdivided by simultaneous or repeated division, a quantity description, or a metes and bounds description and regardless of whether or not a plat of survey has been recorded or by any other means. However, a parcel severed by an existing road, or other natural and permanent divider, shall be considered two (2) separate parcels without additional platting.
Parcels existing prior to March 23, 2015 shall be assumed to have been created lawfully under this section.
These regulations shall not restrict the acceptance or granting of deeds or other dedications of land by the City or other governmental agencies when such action is in the public interest and not for the purposes of circumventing these regulations.

Exceptions.

It must be recognized that some areas of the City with rugged terrain, or some existing developed areas that through the City’s urban renewal processes need to be redeveloped, cannot realistically be developed or redeveloped in a manner consistent with City policies if all subdivision regulations are followed to the letter. For these areas, in order to allow the implementation of City development, redevelopment and/or urban renewal/reinvestment policies, primarily the Comprehensive Plan and relevant urban renewal plans, from time to time strict regulatory development standards must be replaced by procedural review to allow necessary relaxation of some subdivision regulations but only after detailed review to ensure that the intent of the ordinance as stated herein is carried out.
The City Council may, but is not obligated to, make exceptions, modify or defer the requirements of this chapter based upon written findings that strict compliance may result in extraordinary hardship or practical difficulties and/or that such relief may better serve the purposes of these regulations as well as the following policies:
1. The Comprehensive Plan;
2. The SUDAS Manual;
3. The City Supplement to the SUDAS Manual;
4. Best engineering practices as interpreted by the City Engineer;
5. Other adopted City policies.
No such exception, modification or deferral may be approved that has the effect of nullifying the intent and purpose of this chapter or is more than the minimum relief necessary for the hardship or difficulty cited.
The City Council may impose conditions as needed to assure that the purpose and intent of these regulations are met.
Specific actions that may justify exceptions to this chapter include but are not limited to:
1. Excessive grading required to meet the above policies and practices.
2. Excessive damage done to the environment in order to meet the above policies and practices.
3. Inability to extend utilities to property in order to meet the above policies and practices due to topography.
4. Inability to extend utilities to property in order to meet the above policies and practices due to cost.
5. When the tract of land is of such an unusual shape that implementation of the above City policies and other policies as approved by the City Council is impractical or impossible.
6. When ownership patterns around the property to be subdivided make it impossible or excessively difficult to implement the above City policies.
7. The need to resolve conflicts between conflicting sets of regulations and standards.
8. Existing development patterns that make redevelopment excessively difficult.

Enforcement.

The Administrator shall administer the provisions of this chapter.
No certificate of zoning compliance, no building permit, no grading permit nor certificate of occupancy shall be issued for any parcel of land divided contrary to the provisions of this chapter.
Creation of any parcel of land divided contrary to the provisions of this chapter shall constitute a municipal infraction against the person recording the document creating said parcel.

(Ord. 2020-0858; 2015-0215)

Effective on: 12/1/2020

25.04.020 Classification of Plats

Simple Divisions. A division of a lot, tract or parcel into two (2) parcels for which no construction of improvements is required is a simple division.

Minor Subdivisions.

A subdivision plat that creates three (3) or more lots for which no construction of public utilities, streets, and no grading is proposed is considered to be a minor subdivision. An otherwise major subdivision may be classified as a minor subdivision by the Administrator based upon a finding that the improvements or grading proposed is of so minor in scale that no public interest would be served by submittal, review and approval of a preliminary plat.
A minor subdivision may also include post-development improvements such as street lights, storm water detention, sidewalks.
A developer is not required to submit a minor subdivision preliminary plat prior to submitting a minor subdivision final plat. However, if, during the review of the final plat, City staff, the Planning and Zoning Commission or the City Council determines a need for more information, submission of specific material that would have been a part of a preliminary plat may be required.

Major Subdivision. A plat that is not a minor subdivision because it requires construction of public improvements or significant grading is considered to be a major subdivision.

Auditor's Plat.

An auditor's plat is a plat required by the County Auditor in accordance with the provision of the Code of Iowa, as amended, because either:
1. An existing subdivision plat or plat of survey was not in compliance with the requirements of the Code of Iowa, as amended; or
2. The descriptions of one (1) or more parcels within a tract are not sufficiently certain and accurate for the purposes of assessment and taxation.

(Ord. 2020-0858; 2015-0215)

Effective on: 12/1/2020

25.04.030 Simple Divisions

Approval Procedure.

The procedure for creating a simple division begins with the owner of the subject property causing a survey of the land to be split to be drawn. The survey is then recorded with the County Recorder.
There is no formal City approval process for simple divisions.
1. Simple divisions may have an administrative review by City departments to determine if the parcels in the division are in compliance with all Municipal Code requirements.
2. If the administrative review of the plat of survey or other evidence of a division of land determines that the division requires provision of public facilities or otherwise is not in compliance with all Municipal Code requirements, the owner shall be informed that the division is in violation of City standards and that the City shall issue no permits until a subdivision plat has been prepared, reviewed, approved and recorded pursuant to this chapter.
3. Failure to prepare said subdivision plat may result in issuance of a citation for a municipal infraction.

(Ord. 2020-0858; 2015-0215)

Effective on: 12/1/2020

25.04.040 Minor Subdivisions

Approval Procedure.

Minor Subdivision Preplat Conference.
1. Attendance at a Minor Subdivision Preplat Conference is a required step in the process for approval of a minor subdivision. For a Minor Subdivision Preplat Conference, the developer shall request a preplat conference and provide a sketch plan of the proposal.
2. The purpose of a Minor Subdivision Preplat Conference is to acquaint City staff and any public and private utility providers with the proposed subdivision and to acquaint the developer with the procedures and standards of the City and the public and private utility providers.
3. For a Minor Subdivision Preplat Conference, the developer shall request a preplat conference and provide a sketch plan of the proposal.
4. When a Minor Subdivision Preplat Conference is requested, the Administrator shall set the time and place and send meeting notices to representatives of the appropriate City departments and public and private utility providers as well as to the developer and the developer's professional engineer and/or professional land surveyor who must currently be licensed in the State of Iowa. The preplat conference shall be held within fourteen (14) calendar days of receiving the application.
5. Minor Subdivision Sketch plan. Information to be included in the minor subdivision sketch plan is:
  1. The location of the proposed subdivision;
  2. The general location of any existing and proposed streets; and
  3. The arrangement of lots and land uses in relation to the surrounding area.
6. Improvements required for Minor Subdivision Final Plats.
  1. Streetlights (where appropriate in the determination of the City Engineer);
  2. Storm water detention;
  3. Sidewalks in a manner consistent with Subsection 25.04.080(1)(o);
  4. Private water and sewer service lines within two hundred (200) feet of a public water and/or sewer mains.
Minor Subdivision Final Plat.
1. Preliminary plat approval is not a required step in the approval process for a minor subdivision.
2. Final plat approval is a required step in the approval process for a minor subdivision.
3. Minor subdivision final plats are not required to follow, nor to be consistent with any preliminary plat, but the minor subdivision final plat does require review and recommendation by the Planning and Zoning Commission.
4. The developer shall prepare and file a minor subdivision final plat, supporting materials, and application with the Planning and Real Estate Division of the Economic and Community Development Department for review and approval in accordance with the application requirements listed below:
  1. A completed application for approval of a minor subdivision final plat;
  2. The location of the proposed subdivision;
  3. Names, addresses, telephone numbers and e-mail addresses of the owner(s), developer, professional engineer or professional land surveyor (both must be currently licensed in the State of Iowa) or any of their agents;
  4. A nonrefundable filing fee, as established by resolution of the City Council, to defray administrative costs;
  5. One (1) digital and five (5) paper copies of the final plat in a size acceptable to the County Recorder.
5. The required contents of the minor subdivision final plat are:
  1. Names, addresses, telephone numbers and e-mail addresses of the owner(s), developer, and professional land surveyor (who must be currently licensed in the State of Iowa);
  2. A title in the form of "Final Plat of (proposed name of the subdivision)". Re-subdivisions shall be labeled as such in a subtitle;
  3. A legal description of the property with a statement of the area of the property rounded to the nearest 0.1 acre;
  4. North arrow and graphic scale;
  5. An accurate map of the final plat drawn at a scale of one (1) inch equals one hundred (100) feet unless a different scale has been approved by the Administrator. The map shall include:
    1. A layout in plan view of the subdivision, which illustrates the layout of:
      1. Lots;
      2. Outlots;
      3. Easements;
      4. Abutting Streets.
    2. All dimensions necessary for locating said lots, outlots, easements and monuments shall be shown in measurements accurate to the nearest 0.01 foot and to the nearest second of angular measurement;
    3. Curve data shall be shown either in tabular form or radius dimensions on the map;
    4. The location and description of all benchmarks and monumentation of lot corners;
    5. The following documents required in Section 354.11 of the Iowa Code for recording a subdivision shall either accompany or be on the face of the final plat in a form acceptable to the County Recorder:
      1. Dedication Certificate;
      2. City Council Resolution Certificate;
      3. Owners Consent to Plat;
      4. City Engineer’s Certificate (If the property is within the corporate limits of Sioux City);
      5. County Engineers Certificate (If the property is in Woodbury or Plymouth County);
      6. Title Opinion;
      7. City Treasurer’s Certificate;
      8. Auditor’s Approval of Subdivision Name;
      9. Auditor and Recorder’s Certificate of Recording;
      10. Certificate referencing the Annexation Agreement (If the property is in Woodbury or Plymouth County).
    6. For extraterritorial subdivision final plats, an agreement signed by the owner, binding future owners to petition for voluntary annexation of the property at such time as annexation becomes permissible under the Code of Iowa. Said agreement shall be recorded by the City in the office of the jurisdiction's County Recorder prior to recording the final plat. In the case of such extraterritorial subdivision final plats, the resolution approving the final plat shall reference the agreement with roll and image numbers and the agreement shall be cross referenced with the final plat by the jurisdiction's County Recorder.
    7. A certification by the City engineering division that:
      1. The final plat meets requirements for closure;
      2. Any relevant storm water detention requirements have been met and maintenance assured;
      3. Any relevant street lighting requirements have been met and/or are assured;
      4. Any relevant sidewalk requirements have been met.
    8. Flood hazard addendum.
      1. If any part of a subdivision is located in a flood plain as defined in Subchapter 25.04-D or by a flood insurance rate map (FIRM) published by the Federal Emergency Management Agency, a flood hazard addendum shall be filed and recorded with the final plat in the office of the County Recorder. A statement acknowledging that a flood hazard addendum exists shall be on the face of the final plat.
      2. The form of the flood addendum shall be a duplicate of the final plat with an indication by patterns or lines and annotations of the boundaries of the flood plain and the base flood elevation.
      3. The date of the flood hazard determination shall be indicated.
      4. Any graphic materials prepared on computer aided drafting systems shall also be submitted on electronic media.
6. Complete minor subdivision final plat submittals shall be included on the agenda of the Planning and Zoning Commission in accordance with the established administrative schedule.
7. The Planning and Real Estate Division of the Economic and Community Development Department shall distribute copies of the minor subdivision final plat to the Planning and Zoning Commission, the appropriate City departments and public and private utility providers.
Staff Review. The appropriate City departments, public agencies, County offices and public and private utility providers shall review the subdivision final plat and prepare reports of their findings. Their comments shall be submitted to the Planning and Zoning Commission prior to the public meeting on the minor subdivision final plat.
1. The City engineering division staff shall specifically comment on the closure of the perimeter of the minor subdivision final plat.
2. The appropriate County Recorder’s office shall specifically comment on the acceptability of the Subdivision name on the Final Plat.
Planning and Zoning Commission review.
1. The Planning and Zoning Commission shall conduct a public hearing on all complete minor subdivision final plat applications.
2. Notice of the date, time and location of the public meeting will be mailed to the owners of all property within two hundred (200) feet of the perimeter of the subject property not less than four (4) nor more than twenty (20) calendar days prior to the date of the public meeting.
3. The Planning and Zoning Commission shall review the minor subdivision final plat, staff reports, and other information as may be brought forward during the public hearing to determine whether the minor subdivision final plat conforms to the ordinances, Comprehensive Plan and other policies of the City.
4. Within forty-five (45) calendar days from the filing of the minor subdivision final plat with the Administrator, the Planning and Zoning Commission shall forward a report of its finding and a recommendation to the City Council with a copy of the report and recommendation to the owner, the developer, and the professional engineer and/or professional land surveyor. If the Planning and Zoning Commission fails to forward a recommendation to the City Council within forty-five (45) calendar days from the completed minor subdivision final plat submittal, the developer may request that the minor subdivision final plat be forwarded to the City Council for review and consideration with no recommendation. The recommendation shall be in the form of a resolution to be certified as part of the minor subdivision final plat materials. A copy of the report and the resolution shall also be forwarded to the owner, the developer and the professional land surveyor for the subdivision. If the Planning and Zoning Commission fails to forward a recommendation to the City Council within forty-five (45) calendar days from the completed minor subdivision final plat submittal, the developer may request that the minor subdivision final plat be forwarded to the City Council for review and consideration with no recommendation.
City Council review. The City Council shall review the subdivision final plat, staff reports, report and recommendations of the Planning and Zoning Commission and any other relevant information to determine whether said minor subdivision final plat conforms to the ordinances, the Comprehensive Plan and other policies of the City. Within thirty (30) calendar days from receipt of the report and recommendations of the Planning and Zoning Commission, the City Council shall approve, approve with conditions, or disapprove the minor subdivision final plat. The City Council may table the matter with the consent of the developer. If the minor subdivision final plat is found to conform to all relevant City policies and all sections of the Municipal Code, and the Comprehensive Plan, it shall be approved. Approval shall be in the form of a resolution to be certified as part of the minor subdivision.
Effect of Minor Subdivision Final Plat Approval.
1. An approved minor subdivision final plat authorizes the developer to proceed with the process of securing needed City signatures on the final plat.
2. The City Clerk shall not sign the minor subdivision final plat until all other necessary City signatures have been affixed to the minor subdivision final plat and all post-approval requirements have been met.
3. Subdivision Improvement Installation Agreements ensuring the installation of the following improvements must be signed prior to approval of the minor subdivision final plat:
  1. Sidewalks to be installed within five (5) years;
  2. Detention Pond Construction;
  3. Detention Pond Maintenance Agreement;
  4. Street Light Installation Agreement (If necessary);
  5. As-built plans (if relevant);
  6. Extraterritorial Annexation Agreements, if applicable.
4. The City Clerk shall not sign the minor subdivision final plat until all other necessary City signatures have been affixed to the minor subdivision final plat and all post-approval requirements have been met.

(Ord. 2020-0858; 2015-0215)

Effective on: 12/1/2020

25.04.050 Major Subdivisions

Approval Procedure.

Major Subdivision Preplat Conference.
1. Attendance at a Major Subdivision Preplat Conference is a required step in the process for approval of a major subdivision.
2. For a Major Subdivision Preplat Conference, the developer shall request a preplat conference and provide a sketch plan of the proposal.
3. The purpose of a Major Subdivision Preplat Conference is to acquaint City staff and public and private utility providers with the proposed subdivision and to acquaint the developer with the procedures and standards of the City and public and private utility providers.
4. When a Major Subdivision Preplat Conference is requested, the Administrator shall set the time and place and send meeting notices to representatives of the appropriate City departments and public and private utility providers as well as to the developer and the developer's professional engineer and/or professional land surveyor who must currently be licensed in the State of Iowa. The preplat conference shall be held within fourteen (14) calendar days of receiving the application.
5. Major Subdivision Sketch Plan. The developer shall provide a major subdivision sketch plan showing the location of the proposed major subdivision, the general location of any existing and proposed streets and other improvements and the arrangement of lots and land uses in relation to the surrounding area.
Major Subdivision Preliminary Plat Application.
1. Preliminary plat approval is a required step in the approval process for a major subdivision.
2. The developer shall prepare and file a preliminary plat and supportive materials with the Planning and Real Estate Division of the Economic and Community Development Department for review and approval in accordance with the list of application requirements listed below:
  1. A completed application for approval of a major subdivision preliminary plat;
  2. Names, addresses, telephone numbers and e-mail addresses of the owner(s), developer, professional engineer or professional land surveyor (both must be currently licensed in the State of Iowa) or any of their agents;
  3. A nonrefundable filing fee, as established by resolution of the City Council, to defray administrative costs;
  4. One (1) digital and five (5) paper copies of the preliminary plat;
  5. Existing and proposed zoning district classifications.
Grading Prior to Approval.
1. Upon submission of a grading plan, all work being done on the subdivision, if any, shall cease pending approval of the preliminary plat as set forth herein. The developer shall not commence any further work in this area until such approvals are granted.
2. The major subdivision preliminary plat shall contain all the information listed below:
  1. A layout in plan view of the subdivision, including:
    1. The boundary and dimensions of the proposed subdivision in relation to monuments for two (2) U.S. public land survey system corners or two (2) corners of a recorded subdivision;
    2. Dimensions and bearings of lots and rights-of-way;
    3. Sequential numbering of lots shall also be indicated;
    4. Outlots, labeled either as unsuitable for building reserved for future development, or reserved for a different use such as storm water detention shall be indicated by sequential letter labels;
    5. Street names (which need not be the final names as shown in the final plat) and approximate grade shall be indicated;
    6. Existing utility systems, including facility size and location, for water, sanitary sewer and storm drainage facilities;
    7. Preliminary plans for proposed public improvement systems shall be indicated;
    8. Existing gas mains, pipelines, electric transmission and distribution lines, and telecommunication lines;
    9. Existing and proposed easements for public and private utilities, drainage and access;
    10. Dimensions and bearings (if different from another given boundary) of the boundaries of the easements shall be shown;
    11. Approximate boundaries of areas subject to floods as indicated on the Official Flood Plain Zoning Map adopted by Subsection 25.04.190.4 of the Municipal Code;
    12. Names of all adjoining subdivisions;
    13. On preliminary plats that show dead end or cul-de-sac streets, a study prepared in partnership with City staff must accompany the final plat analyzing the possibilities of street extensions;
    14. Grading plans, either separately or on the preliminary plat map, including existing and proposed topography, proposed slopes and compaction rates as required for a grading permit application in Chapter 20.30 of the Municipal Code including a drainage report and an erosion control plan that meet the requirements set forth in SUDAS. The grading plan must describe the intended final grading of the subdivision even if the intent is to leave significant phases of the grading to be completed as part of the development of individual lots after the final subdivision plat has been approved;
    15. Any graphic materials prepared on computer aided drafting systems shall also be submitted on electronic media;
    16. Lots must be graded so that driveways to houses on said lots can meet SUDAS requirements;
    17. Other pertinent information requested by representatives of City departments or public utilities.
3. If the major subdivision preliminary plat proposes streets, City Planning Staff, upon consultation with City engineering staff, SIMPCO MPO Staff and Iowa DOT Staff shall determine what classification; Arterial, Collector, or Local Service said streets shall be. The classification shall be noted on the major subdivision preliminary plat and final plat. The streets shall be built to the SUDAS and City standards, including the right-of-way width and the paving width of the designated classification. Upon final decision by the City Council said classification shall guide City decision making and the City shall request through SIMPCO and the Iowa DOT that the Federal Functional Classification maps be updated accordingly.
4. Complete major subdivision preliminary plat submittals shall be included on the agenda of the Planning and Zoning Commission in accordance with the established administrative schedule.
5. The Planning and Real Estate Division of the Economic and Community Development Department shall distribute copies of the major subdivision preliminary plat to the Planning and Zoning Commission, the appropriate City departments and public and private utility providers.
Staff Review.
1. The appropriate City departments, public agencies and public and private utility providers shall review the major subdivision preliminary plat and prepare reports of their findings. Their comments shall be submitted to the Planning and Zoning Commission prior to the public meeting on the major subdivision preliminary plat.
2. City engineering division staff shall specifically review the public improvements and grading plan, including the drainage report and erosion control plan. Upon completion of said review, the City engineering division staff shall provide their report and specifically provide comment on the conformance or lack of conformance with subdivision preliminary plat as well as conformance of the major subdivision preliminary plat with the SUDAS manual and the grading standards set forth in Chapter 20.30 of the Municipal Code.
Planning and Zoning Commission Review.
1. The Planning and Zoning Commission shall conduct a public hearing on the major subdivision preliminary plat.
2. Notice of the date, time and location of the public hearing will be mailed to the owners of all property within two hundred (200) feet of the subject property not less than four (4) nor more than twenty (20) calendar days prior to the date of the public hearing.
3. The Planning and Zoning Commission shall review the major subdivision preliminary plat, staff reports and other information as may be brought forward during the public meeting to determine whether the major subdivision preliminary plat conforms to the ordinances, Comprehensive Plan and other policies of the City. Within forty-five (45) calendar days from the filing of the major subdivision preliminary plat with the Administrator, the Planning and Zoning Commission shall forward a report of its finding and a recommendation to the City Council with a copy of the report and recommendation to the owner, the developer, and the professional engineer and/or professional land surveyor, both currently licensed in the State of Iowa for the subdivision. If the Planning and Zoning Commission fails to forward a recommendation to the City Council within forty-five (45) calendar days from the completed major subdivision preliminary plat submittal, the developer may request that the major subdivision preliminary plat be forwarded to the City Council for review and consideration with no recommendation. The recommendation shall be in the form of a statement to be filed as part of the major subdivision preliminary plat materials. A copy of the statement shall also be forwarded to the owner, the developer, the professional surveyor and the professional engineer for the subdivision.
4. City Council review. The City Council shall review the major subdivision preliminary plat, staff reports, report and recommendations of the Planning and Zoning Commission and any other relevant information to determine whether said major subdivision preliminary plat conforms to the ordinances, the Comprehensive Plan and other policies of the City. Within thirty (30) calendar days from receipt of the report and recommendations of the Planning and Zoning Commission, the City Council shall approve, approve with conditions, or disapprove the major subdivision preliminary plat. The City Council may table the matter with the consent of the developer. If the major subdivision preliminary plat is found to conform to all relevant City policies, all sections of the Municipal Code, and the Comprehensive Plan, it shall be approved. Approval shall be in the form of a motion and statement to be certified as part of the major subdivision preliminary plat.
Effect and Duration of Major Subdivision Preliminary Plat Approval.
1. An approved major subdivision preliminary plat authorizes the developer to proceed with detailed engineering design of public improvements which shall conform to the SUDAS Manual and/or the City supplements to the SUDAS Manual. The approval also constitutes the issuance of a grading permit. All grading must conform to the grading plan portion of the preliminary plat.
2. It is the City’s intent that preliminary plats include all of the land the developer intends to develop in the foreseeable future. The preliminary plat is intended to show the future development patterns anticipated by the developer. Such preliminary plats likely will indicate multiple phases of development lasting multiple years.
3. The approval of a major subdivision preliminary plat by the City Council is valid for a period of one (1) calendar year. If a major subdivision final plat for all or a portion of the area within the major subdivision preliminary plat has not been filed within one (1) year, the approval shall be void unless the Administrator approves a time extension.
4. The decision whether or not to approve a time extension shall be based on consistency with City and State development regulations, consistency with the approved major subdivision preliminary plat, consistency with proper engineering practices as determined by the City Engineer, progress made on the construction of those phases under construction and other activities the developer has taken on the property since preliminary plat approval.
5. It is expected that work will not begin on some phases of the preliminary plat for a significant amount of time after preliminary plat approval.
Detailed Engineering Plans.
1. Review of Detailed Engineering Plans.
  1. Upon final approval of a major subdivision preliminary plat, the developer, in addition to being able to begin grading, shall submit detailed engineering plans to the City Engineer for review. The grading shown on the preliminary plat shall be the final grading plan, and the approved preliminary plat the defacto grading permit. In all cases, the term “City Engineer” shall refer to the “engineer for the City of Sioux City or his/her designee”. Any approved grading plans must be consistent with the grading shown on the preliminary plat. The detailed engineering plans shall contain the following information where applicable and shall be designed according to the underlying requirements listed as follows:
  2. The detailed set of engineering plans shall include the information consistent with, but not limited to, required specifications listed below:
    1. Main water distribution system including but not limited to flushers and other necessary appurtenances to provide safe and reliable water service;
    2. Subdrains required, but not limited to all streets with a grade exceeding 6%;
    3. Entrances (curb cuts);
    4. Private Street. Private streets are prohibited in Sioux City;
    5. Footing Drain Collector. If required by the City Engineer shall be built to SUDAS Standards;
    6. Main (Trunk) Sanitary Sewer. Main (Trunk) Sanitary Sewers shall be built to SUDAS Specifications; Best Engineering practices as determined by the City Engineer, and Iowa DNR permits are required;
    7. Sanitary Sewer Lift Station (if needed) shall be built to SUDAS Specifications and Best Engineering;
    8. Sanitary Sewer Service Stub shall be built to SUDAS Specifications. City permits shall be required;
    9. Public Storm Sewer shall be built to SUDAS Specifications. Best Engineering practices as determined by the City Engineer. Federal and State permits will be required;
    10. Private Storm Sewers shall be built to SUDAS Specifications. City, Federal and State permits will be required;
    11. Runoff Detention ponds shall be built to SUDAS Specifications and Best Engineering practices as determined by the City Engineer. City, Federal and Iowa DNR permits will be required. Private maintenance provisions shall be required;
    12. Ditches shall be built to SUDAS Specifications and Best Engineering practices as determined by the City Engineer. City, Federal and Iowa DNR 401 Water Quality and NPDES permits will be required. U.S. Army Corps of Engineers for a 404 permit may be required;
    13. Water Service Stubs shall be built to SUDAS Specifications and Best Engineering practices as determined by the City Engineer. City permits shall be required. Boring will be required.
Effect of approval of detailed engineering plans.
1. Once a complete set of detailed engineering plans is submitted to the City Engineer or his/her designee, the City Engineer, shall review the plans for consistency with the preliminary plat, with SUDAS specifications, and City standards set out elsewhere in the Municipal Code and consistency with Best Engineering practices.
2. Plan sets that are incomplete will be returned to the developer with the deficiencies noted. Incomplete site plans will not be reviewed.
3. Within twenty-one (21) calendar days of submission of a complete set of detailed engineering plans, the City Engineer or his/her designee shall provide the developer with a stamped set of approved plans or a set of unapproved plans listing the deficiencies.
4. If approved, the City Engineer or his/her designee shall affix his stamp to the plan set. Only stamped plan sets shall be used to guide development.
5. It shall be the policy of the City of Sioux City to make every effort to complete the review of complete plans sets within twenty-one (21) calendar days. However, very large subdivision proposals or subdivision proposals involving very difficult engineering solutions may take longer to review.
6. The developer shall pay a nonrefundable engineering review fee, as established by resolution of the City Council, to defray the cost of the initial engineering review as noted above. Said initial engineering review fee shall include one (1) follow-up review. Additional fees shall be charged for any subsequent follow up reviews.
7. Upon approval of the detailed engineering plans, the City Engineer shall provide a letter to the developer and to City Planning Division Staff advising that said plans have been approved and that construction of said improvements can begin.
8. Once approved, no construction or field changes can be made without written approval of those changes by the City Engineer or his field designee. Without said written approval field changes will not be considered approved.
9. Upon completion of the construction of the utility and street improvements that were part of the detailed engineering plans, and confirmation of completion by the City Engineer, the developer can apply for final plat approval.
10. Application requirements for major subdivision final plat approval are:
  1. If the Major Subdivision Final Plat is consistent with an approved and valid preliminary plat:
    1. A completed application for approval of a major subdivision final plat;
    2. Names, addresses, telephone numbers and e-mail addresses of the owner(s), developer, professional engineer, or professional land surveyor (both must be currently licensed in the State of Iowa) or any of their agents;
    3. A nonrefundable filing fee, as established by resolution of the City Council, to defray administrative costs;
    4. One (1) digital and five (5) paper copies of the final plat in a size acceptable to the County Recorder;
    5. For extraterritorial subdivisions plats, an agreement signed by the property owner, binding future owners to petition for voluntary annexation of the property at such time as annexation becomes permissible under the Code of Iowa;
  2. Approval procedures for final plats that conform with an approved preliminary plat:
    1. Upon receipt of an application to approve a final plat that the Administrator has determined to be conforming to an approved preliminary plat, staff of the Planning and Zoning Division of the Community and Economic Development Department shall, by e-mail, inform relevant City department and public utility providers of the proposal. Said providers shall respond within seven (7) calendar days about any concerns they have about the final plat;
    2. The Administrator shall consider the comments to determine if the proposed plat conforms to the preliminary plat;
    3. The engineering division of the Public Works Department shall also review the final plat to determine is all proposed utilities have been properly installed;
    4. The engineering division of the Public Works Department shall also review the proposed final plat for closure;
    5. If the Administrator determines that the proposed final plat conforms to the Preliminary Plat, the plat shall be placed on the City Council’s next available agenda;
    6. No public notice shall be required for this process.
  3. If the Major Subdivision Final Plat is not consistent with an approved and valid preliminary plat:
    1. Major subdivision final plats that do not conform to an approved and valid preliminary plat must be reviewed in the same manner and subject to the same requirements as a minor subdivision final plat as described in Section 25.04.040 of this Ordinance and in such case, there shall be no Presumption of Approval.
  4. The determination as to whether or not a final play conforms to any preliminary plat shall be made by the Administrator.
11. Major subdivision final plats shall contain the following:
  1. A layout in plan view of the subdivision, including:
    1. The boundary and dimensions of the proposed subdivision in relation to monuments for two (2) U.S. public land survey system corners or two (2) corners of a recorded subdivision;
    2. Dimensions and bearings of lots and rights-of-way. Sequential numbering of lots shall also be indicated. Outlots, labeled either as unsuitable for building or as reserved for future development, or reserved for a different use such as storm water detention, shall be indicated by sequential letter labels;
    3. Existing and proposed easements for public and private utilities, drainage and access;
    4. Dimensions and bearings (if different from another given boundary) of the boundaries of the easements shall be shown;
    5. Approximate boundaries of areas subject to floods as indicated on the Official Flood Plain Zoning Map adopted by Subsection 25.04.190.4 of the Municipal Code;
    6. Names of all adjoining subdivisions;
    7. Areas of fill in excess of two (2) feet shall be shown on a fill addendum;
    8. Any graphic materials prepared on computer aided drafting systems shall also be submitted on electronic media;
    9. Other pertinent information requested by representatives of City departments or public utilities
    10. For extraterritorial subdivisions plats, an agreement signed by the property owner, binding future owners to petition for voluntary annexation of the property at such time as annexation becomes permissible under the Code of Iowa.
  2. Major subdivision final plats shall contain the following certifications, all of which must be signed prior to recording of the plat:
    1. Dedication Certificate;
    2. City Council Resolution Certificate;
    3. Owners Consent to Plat;
    4. City Engineer’s Certificate (If the property is within the corporate limits of Sioux City);
    5. County Engineers Certificate (If the property is in Woodbury or Plymouth County);
    6. Title Opinion;
    7. City Treasurer’s Certificate;
    8. Auditor’s Approval of Subdivision Name;
    9. Auditor and Recorder’s Certificate of Recording;
    10. Certificate Referencing Annexation Agreement (If the property is in Woodbury or Plymouth County).
Planning and Zoning Commission review
1. The Planning and Real Estate Division of the Economic and Community Development Department shall distribute copies of the major subdivision final plat to the appropriate City departments and public and private utility providers.
  1. The appropriate City departments, public agencies and public and private utility providers shall review the major subdivision final plat and prepare reports of their findings. Their comments shall be submitted to the City Council prior to the public meeting on the major subdivision final plat.
  2. The City engineering division staff shall specifically comment on the conformance or lack of conformance of the major subdivision final plat to the approved major subdivision preliminary plat and closure of the perimeter of the major subdivision final plat.
  3. A major subdivision final plat that is consistent with a valid City Council approved preliminary plat need not be reviewed by the Planning and Zoning Commission.
2. A major subdivision final plat shall not be forwarded to the City Council for approval until the City Engineer has determined that all relevant improvements have either been properly installed or their installation is guaranteed as noted in Subsection 25.04.050(1)(g)(1)(B) of the Municipal Code.
City Council review. The City Council shall review the major subdivision final plat, staff reports, and any other relevant information to determine whether said major subdivision final plat conforms to the, ordinances, the Comprehensive Plan and other policies of the City. Within thirty (30) calendar days from receipt of the report and recommendations of the Planning and Zoning Commission, the City Council shall approve, approve with conditions, or disapprove the major subdivision final plat. The City Council may table the matter with the consent of the developer. If the major subdivision final plat is found to conform to all relevant City policies, ordinances and the Comprehensive Plan, it shall be approved. Approval shall be in the form of a resolution to be certified as part of the major subdivision final plat.
Effect of Major Subdivision Final Plat Approval.
1. The City Clerk shall not sign the major subdivision final plat until all other necessary City signatures have been affixed to the major subdivision final plat. After the major subdivision final plat is approved, but before the City signatures are affixed to the major subdivision final plat, the following must occur:
  1. One (1) set of "as-built" plans, in a format acceptable to, and approved by, the City Engineer, shall be submitted to the City Engineer prior to the time he or she affixes their signature to the major subdivision final plat if practical. If not, submission of “as built” plans shall be secured through a Subdivision Improvement Installation Agreements ensuring the submission of said plans in a reasonable time as determined by the City Engineer.
  2. Subdivision Improvement Installation Agreements ensuring the installation of the following improvements must be signed prior to approval of the major subdivision final plat:
    1. Sidewalks to be installed within five (5) years;
    2. Detention Pond Maintenance Agreement;
    3. Street Light Installation Agreement;
    4. Submission of “as built plans”;
    5. Extraterritorial Annexation Agreements executed prior to final plat approval.
2. An approved major subdivision final plat authorizes the developer to proceed with the process of securing needed City signatures on the major subdivision final plat and once secured, recording the plat.

(Ord. 2020-0858; 2015-0215)

Effective on: 12/1/2020

25.04.060 Guarantees of Performance

A cashier's check or an escrow account at an acceptable institution in an amount equal to 110% of the estimated cost of the public improvements to be constructed as approved by the City Engineer. The developer may withdraw or reduce the amount of the security in amounts approved by the City engineering division as public improvements are constructed and inspected. Not more than 90% of the security may be withdrawn prior to filing of the required maintenance bonds and acceptance of the public improvements by the City. An escrow account that requires only the signature of the City Finance Director or the City Treasurer for release of funds will meet the requirements of this form of security.
A surety bond issued by an acceptable insurance or bonding company upon which the developer is a principal and the City is the sole obligee. The bond shall be in an amount equal to 110% of the estimated cost of the public improvements to be constructed as approved by the City Engineer. The assignment of contractor's performance bonds will not satisfy this provision.
An irrevocable letter of credit from an acceptable financial institution in an amount equal to 110% of the estimated cost of the public improvements to be constructed as approved by the City Engineer. The letter of credit shall provide that if all required public improvements are not completed and accepted within the time allowed, the City may draw sufficient funds from the letter of credit to finance the construction of any remaining required public improvements.
A petition, waiver of notice and consent to special assessments for the design and installation by the City of the required public improvements. This form of security may be used when the time limit for performance is longer than one (1) year or undetermined. The petition, waiver and consent must be in a form that extends in effect to subsequent owners to assure that the public improvements will be constructed when feasible.
Post improvement utility installation shall be guaranteed by a Subdivision Improvement Installation Agreement.
The term of all Subdivision Improvement Installation Agreements shall begin on the date when the final plat is recorded.

(Ord. 2020-0858; 2015-0215)

Effective on: 12/1/2020

25.04.070 Auditor’s Plats

(Ord. 2020-0858; 2015-0215)

Effective on: 12/1/2020

25.04.080 Design Standards

General.

General standards for the design and layout of subdivisions are set forth in this section. This section lists improvements that must be shown on major subdivision preliminary plats assuming that information is applicable and then constructed accordingly. This section shows the standards, size, length and other measurements those improvements must be.
Specific standards for design of public improvements are found in the following policies:
1. The Comprehensive Plan.
2. The SUDAS Manual.
3. The City Supplement to the SUDAS Manual.
4. Best Engineering Practices as interpreted by the City Engineer.
5. Other adopted City policies.
6. Conformance with the Comprehensive Plan.
The location, classification, size and character of streets and other public facilities required for a subdivision shall conform to:
1. The Comprehensive Plan.
2. The SUDAS Manual.
3. The City Supplement to the SUDAS Manual.
4. Best Engineering Practices as interpreted by the City Engineer.
5. Other adopted City policies.
6. Conformance with the Comprehensive Plan.
Grading
1. Grading must be consistent with the approved preliminary plat.
2. Grading of the subdivision shall meet the standards for slopes, setbacks and compaction set forth in Subsection 25.04.050(1)(c)(2) of the Municipal Code and shall be otherwise consistent with the preliminary plat. Erosion control shall be provided during and after grading in accordance with the requirements of the SUDAS Manual and the City Supplement to the SUDAS Manual.
Lots and Blocks.
1. Block length between intersecting streets shall be appropriate to serve circulation needs within and through the subdivision. Blocks longer than one thousand (1,000) feet should be avoided in residential areas.
2. Each lot in a subdivision shall have at least twenty-five (25) feet of frontage on a public street right-of way. Access cannot solely be from an alley.
3. Double-frontage lots are allowed in residential areas only in order to avoid driveways on major streets.
4. Side lot lines should be approximately perpendicular to the front lot line or radial to curved front lot lines. The minimum width and depth of lots shall be determined by the bulk regulations of the zoning district. Usable building sites shall remain when all required setbacks and easements are taken into account; corner lots should be wider than interior lots to allow for corner side yard setbacks.
5. The use of flag lots shall be encouraged when they can be used to allow for better use of development sites or to allow for innovative development designs.
Streets.
1. In general, all new streets shall conform to the following standards for streets built under the Subdivision Ordinance:
  1. Grade. All streets shall have a maximum grade of 10% and a minimum grade of 0.5%.
  2. Right-of-way.
    1. All residential local service streets, including residential local service streets leading to a cul-de-sac turn around, shall be dedicated with a 60-foot right-of-way.
    2. All rural local service streets shall be dedicated with a 66-foot right-of-way.
    3. All collector and commercial local service streets shall be dedicated with a 70-foot right-of-way.
    4. The required dedicated right-of-way for arterial streets shall be determined and approved by the City Engineer.
  3. Paving Width.
    1. All residential local service streets, including residential local service streets leading to a cul-de-sac turn around, shall be paved with a 31-foot (back of curb to back of curb) wide paved surface.
    2. All commercial local service streets, including commercial local service streets leading to a cul-de-sac turn around, shall be paved with a 37-foot (back of curb to back of curb) wide paved surface.
    3. All rural local service streets shall be paved with a 24-foot (back of curb to back of curb) wide paved surface. The Planning and Zoning Commission and the City Council upon recommendation of the City Engineer and the Administrator and based on the standards set forth in Subsection 25.04.010(7) may approve a nonpaved surface of at least twenty-four (24) feet.
    4. All arterial and collector streets shall be paved in a manner approved by the City Engineer based on the standards set forth in Subsection 25.04.010(7).
  4. Cul-de-sac turn around right-of-way.
    1. All residential cul-de-sac turn arounds shall be dedicated with a 50-foot turn around radius.
    2. All commercial cul-de-sac turn arounds shall be dedicated with a 60-foot turn around radius.
  5. Cul-de-sac turn around paving.
    1. All residential cul-de-sac turn arounds shall be paved with a 35-foot turn around radius.
    2. All commercial cul-de-sac turn arounds shall be paved with a 50-foot turn around radius.
  6. Cul-de-sac turn around length. No cul-de-sac of any type shall exceed six hundred (600) feet in length measured from the center of the turnaround to the center of the nearest street intersection provided the cul-de-sac is built in a manner consistent with Section 107 of the International Fire Code.
  7. The above standards are general; for detailed regulations refer to SUDAS Table 5C-1.02: Acceptable Roadway Elements.
  8. As it is the policy of the City of Sioux City to encourage traffic calming and improved street aesthetics, proposed streets that contain non-transportation amenities such as roundabouts, traffic circles, or medians shall be designed by, or have its design specifically approved by the City Engineer. The City Engineer shall, in combination with the Administrator, review the design for proper traffic flow and geometrics as dictated by Best Engineering practices as well as for landscaping, appearance and livability of the subdivision.
  9. Topography. Street patterns should conform to topography in order to maximize the utility of building sites with minimum grading.
Continuity and Alignment of Streets.
1. If practical, streets should be extensions of existing streets, but if an offset is necessary, it should be at least one hundred and twenty-five (125) feet from centerline of one intersecting street to the other.
2. Streets should intersect as nearly as possible to right angles with a minimum angle of intersection of 80°.
3. Streets should not terminate in a dead-end except at the edge of a subdivision when an extension is planned to extend the street farther in subsequent developments. Dead-end streets shall have a temporary turn-around on either dedicated right-of-way or temporary easements.
4. On preliminary plats which show dead-end or cul-de-sac streets, a study prepared in partnership with City staff must accompany the plat analyzing the possibilities of street extensions. Based on the City’s Comprehensive Plan and other approved City plans, streets with no desirability of extension should stop with enough distance between the end of the right-of-way and the property line to accommodate a lot. Streets with a likelihood or desirability of being extended must be extended to the limit of the subdivision plat filing in a manner that would allow the street to be extended so the right-of-way and paving meet the abutting property.
Cul-de-sacs.
1. Cul-de-sacs longer than six hundred (600) feet shall only be allowed where physical limitations prohibit other access to property, or where the street is expected or planned to be extended to connect with another part of the street system.
2. A turn-around of a design acceptable to the City Engineer shall be provided at the closed end of a cul-de-sac.
3. Sight distances. Maximum vertical and horizontal curvatures of streets are determined based upon sight distance factors set forth in the SUDAS Manual and the City Supplement to the SUDAS Manual.
Alleys. Alleys are not required, but are permitted when a second alternative means of access or frontage to property is desired. Alleys shall be paved to a width of sixteen (16) feet.
Drainage, Runoff and Flooding.
1. A drainage report, prepared by a professional engineer currently licensed in the State of Iowa must be submitted to the staff of the Planning and Real Estate Division of the Economic and Community Development Department. Said drainage report shall review existing and proposed drainage patterns. Said drainage report shall be prepared in accordance with Chapter 12.16 of the Municipal Code, Storm Water Management, and the SUDAS Manual including the City Supplement.
2. Approximate boundaries of areas subject to floods as indicated on the Official Flood Plain Zoning Map referenced by Subsection 25.04.190.4 of the Municipal Code shall be indicated on the preliminary plat.
3. Approximate boundaries of storm water retention/detention areas, wet lands streams, and wooded areas shall be indicated on the preliminary plat.
Sewage
1. All lots shall be served by public sanitary sewer facilities of sufficient capacity for the intended use of the property unless it is infeasible to extend sanitary sewer lines to the property. A lot where the nearest lot line, irrespective of the location of any proposed structures is more than two hundred (200) feet from the nearest public gravity sewer main capable of accommodating a residential sewer connection shall be considered infeasible to serve.
2. Lots that are infeasible to be served by sanitary sewer may be served by individual or group sanitary facilities subject to approval by the City's Inspection Services Division.
3. The standard diameter for a sanitary sewer main, subject to oversizing as may or may not be required by the City Engineer, shall be eight (8) inches or the size necessary to serve the proposed development whichever is greater.
4. On preliminary plats which show dead-end sanitary sewer lines, a study prepared in partnership with City staff must accompany the plat analyzing the possibilities of extending the sewer. Sewers with a likelihood of desirability of being extended must be designed so as to be able to be extended to the abutting property.
Water.
1. All lots shall be served by public water supply facilities of sufficient capacity for the intended use of the property unless it is infeasible to extend public water service to the property.
2. Lots that are infeasible to be served by public water supply facilities may be served by individual or group wells and water treatment subject to approval by the City's utilities department.
3. The standard diameter for a water main, subject to oversizing as may or may not be required by the City Engineer, shall be eight (8) inches or whatever is required to accommodate the developer’s project, whichever is larger.
4. On preliminary plats which show dead-end water mains, a study prepared in partnership with City staff must accompany the plat analyzing the possibilities of extending the water main. Mains with a likelihood or desirability of being extended must be designed so as to be able to be extended to the abutting property.
5. Looped mains are desirable and will be required unless determined to be physically infeasible by the City Engineer.
6. Service water lines to each lot shall be installed as part of the utility improvement installation unless specifically delayed until construction of the main structure to ensure proper water quality.
7. If water service is proposed to/in the subdivision, the developer shall review with City staff to determine which pressure zone the subdivision is in and its maximum service elevation. If the final proposed elevation of any lots in the proposed subdivision is within ten (10) feet of the maximum service elevation for said pressure zone the likely elevation of the building site on those lots shall be identified on the preliminary plat. The pressure zones and their maximum service elevations are as follows:

Grandview	1269
Indian Hills	1416
Morningside	1344
Western Hills	1378

Said pressure zones are described on the following map:

1. Storm Water.
  1. Storm water management within subdivisions shall be in conformance with the SUDAS Manual and/or the City Supplement to the SUDAS Manual. Storm water detention ponds shall be located and designed in a manner consistent with the approved preliminary plat and shall remain the property of the developer and/or homeowners' association who shall be responsible for the maintenance of said detention ponds.
2. Street Lights.
  1. If streets are proposed, a street lighting plan shall be proposed indicating the type of lighting and the location of lighting. The street lighting plan shall show street light spacing as follows:
  2. In the case of Residential Local Service Streets:
    1. One (1) street light at the end of each cul-de-sac.
    2. One (1) street light at each intersection.
    3. One (1) street light at any horizontal curve.
    4. One (1) street light every 250 feet in areas where the above conditions do not apply.
    5. Where cul-de-sacs exceed two hundred and fifty (250) feet in length, a mid-cul-de-sac light shall be shown.
  3. In the case of Residential Collector Streets:
    1. One (1) street light at each intersection.
    2. One (1) street light at any horizontal curve.
    3. One (1) street light every one hundred and twenty-five (125) feet in areas where the above requirements do not apply.
    4. In all other cases, such as commercial streets and arterial streets, street light spacing and globes, shall be determined by the City Engineer.
  4. Street Light Poles, Globes, and Wattages.
    1. Residential street lights shall consist of LED (Light Emitting Diode) fixtures.
    2. Residential street lights shall consist of 38 watt LED fixtures
    3. Unless specifically modified in writing by the City Engineer, residential street light poles shall be twenty-five (25) feet tall mounted on poles stocked by the City.
    4. Globes for residential street lights shall be of a type stocked by the City.
    5. Street light poles. Globes and wattages for LED fixtures on all streets shall be approved by the City Engineer.
    6. Street lighting shall be installed by the developer in conformance with the approved street lighting plan of the preliminary plat and other specifications of both the electric company (MidAmerican Energy, Woodbury County REC, or Plymouth County REC) where appropriate, and the City of Sioux City.
    7. Street lights shall be installed with electrical wires inside conduit approved by the City Engineer connecting multiple street lights within a subdivision.
    8. Installation of said street lights shall be assured by execution of a Subdivision Improvement Installation Agreement.
    9. With approval of the final plat, and approval of a Subdivision Improvement Installation Agreement if necessary by the City Council, street lights shall be dedicated to the City and the City shall become responsible for maintenance upon approval of their installation by the City Engineer.
3. Sidewalks.
  1. It shall be the policy of the City of Sioux City that bicycle and pedestrian circulation as well as vehicle circulation is an integral part of the City’s transportation system.
  2. Preliminary plats shall show sidewalks along all streets within subdivisions intended for residential, commercial, or industrial development unless the City Engineer approves a sidewalk installation waiver.
  3. Sidewalks along streets within subdivisions intended for residential or commercial development shall be five (5) feet wide and located in a manner consistent with the City's standard street cross section.
  4. Given that pedestrian traffic may or may not be compatible with industrial activities or traffic, sidewalks along streets within subdivisions intended for industrial development shall be required only in those cases where the City Engineer, Administrator and Fire Chief determines that sidewalks are necessary and appropriate. If required, sidewalks within subdivisions intended for industrial development shall be of the design, width, and location determined by the City Engineer.
  5. Sidewalks along lots or tracts that are not intended to be developed, such as outlots used for storm water detention or tracts reserved for open space shall be installed during subdivision construction and the final plat shall not be approved until the sidewalks are installed or assured.
  6. Sidewalks along lots that are intended to be developed with residences or commercial uses but that have not been so developed shall be installed within five (5) years after the date of plat approval. Said sidewalk installation shall be ensured by a Subdivision Improvement Installation Agreement that shall be signed at the time of plat approval and approved by the City Council.
  7. In the case of sidewalks in alignment with bicycle trails shown on the City's Trails Master Plan, the sidewalks shall be ten (10) feet wide.
  8. Trail extensions shall be constructed in a manner consistent with the City's Trails Master Plan.
  9. Sidewalks along lots that are intended to be developed with residences or commercial uses need not be installed until said lot is developed. In such cases, sidewalk installation shall be ensured as part of the building permit.
  10. In order to ensure that sidewalks are constructed in conformance with the Americans with Disabilities Act, the portion of sidewalks from the curb of an intersecting street to a point past where handicapped ramps and truncated dome panels that are consistence with ADA requirements are shown, shall be installed with other required improvements prior to final plat submission. In the event that this portion of sidewalk and/or ADA panels are damaged during construction of the building on the abutting lot, the City shall hold the purchaser of the lot and not the developer responsible for repair to said portion of the sidewalk.
4. Private Utilities.
  1. In the case of private utilities, all service lines shall be extended to each lot in a manner acceptable to the utility company.
  2. An easement for electrical, telephone, and other private utilities shall be shown at the intersection of each side lot line and right-of-way line. Said easements shall be ten (10) feet x ten (10) feet or five (5) feet x ten (10) feet along each side of the property line.
5. Prior to approval of the preliminary plat, the City’s Engineering staff shall determine where “stop signs”, “speed limit signs”, street name signs” and other similar public hardware should be located. The City shall fabricate the signs. During construction of the subdivision, the developer shall install said public hardware in conformance with approved plans. Upon approval of the final plat, the developer shall reimburse the City for the cost of fabrication and installation of said public hardware and the City shall take ownership of them.

(Ord. 2020-0858; 2015-0215)

Effective on: 12/1/2020

Sec. 25.04.130 Purpose and Application

Reserved

Effective on: 1/1/1901

Sec. 25.04.140 Drainage System

Reserved

Effective on: 1/1/1901

Sec. 25.04.150 Drainage Plans Required

Reserved

Effective on: 1/1/1901

Sec. 25.04.160 Continuing Maintenance

Reserved

Effective on: 1/1/1901

Sec. 25.04.170 Stormwater Management

Reserved

Effective on: 1/1/1901

Sec. 25.04.180 Stormwater Pollution Prevention

Reserved

Effective on: 1/1/1901

Sec. 25.04.200 Purpose and Application

Reserved

Effective on: 1/1/1901

Sec. 25.04.210 Construction Noise

Reserved

Effective on: 1/1/1901

Sec. 25.04.220 Vibration

Reserved

Effective on: 1/1/1901

Sec. 25.04.230 Air Quality

Reserved

Effective on: 1/1/1901

Sec. 25.04.240 Water Quality and Quantity

Reserved

Effective on: 1/1/1901

Sec. 25.04.250 Glare

Reserved

Effective on: 1/1/1901

Subsection 25.04.190.1 Findings of Fact

These flood losses, hazards and related adverse effects are caused by

a.
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
b.
The cumulative effect of obstructions on the floodplain causing increases in flood heights and flood water velocities.

a.
Determination of flood magnitudes and the corresponding flood frequencies by statistical and engineering calculations which permits a consideration of such flood factors as expected frequency of occurrence, area inundated, and depth of inundation.
b.
Calculation of water surface profiles based upon a hydraulic engineering analysis of the capability of the stream channel and overbank areas to convey flood flows.
c.
Computation and delineation of a floodway, an area which must be reserved (no obstructions) for conveyance of flood flows so that flood heights and velocities will not be substantially increased by future encroachment on the floodplain.

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

25.04.190.2 Statement of Purpose

1.
Reserve sufficient floodplain area for the conveyance of flood flows so that flood heights and velocities will not be increased substantially.
2.
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.
3.
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.
4.
Protect individuals from buying lands which may not be suited for intended purposes because of flood hazard.
5.
Assure that eligibility is maintained for property owners in the community to purchase flood insurance through the National Flood Insurance Program.

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.3 Lands to Which Chapter Applies

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

25.04.190.4 Official Floodplain Zoning Map

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.5 Rules for Interpretation of District Boundaries

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.6 Compliance

(Ord. 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.7 Abrogation and Greater Restrictions.

(Ord. 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.8 Interpretation

(Ord. 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.9 Warning and Disclaimer of Liability

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.10 Establishment of Zoning Districts

1.
The floodplain areas within the jurisdiction of this chapter are hereby divided into the following districts:
1. a.
  Floodway (Overlay) District (FW) are those areas identified as Floodway on the Official Floodplain Zoning Map;
2. b.
  Floodway Fringe (Overlay) District (FF) are those areas identified as Zone AE on the Official Floodplain Zoning Map but excluding those areas identified as Floodway;
3. c.
  General Floodplain (Overlay) District (GF) are those areas identified as Zone A on the Official Floodplain Zoning Map; and
4. d.
  Shallow Flooding (Overlay) Districts (SF) are those areas identified as Zone AO or AH on the Official Floodplain Zoning Map.
2.
The boundaries shall be as shown on the Official Floodplain Zoning Map. Within these districts, all uses not allowed as Permitted Uses are prohibited unless a variance to the terms of this chapter is granted after due consideration by the Board of Adjustment.

Figure 25.04.190.10.1
Floodplain Cross Section and Floodway Map

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

25.04.190.11 Floodway (Overlay) District (FW)

a.
Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting.
b.
Industrial-commercial uses such as loading areas, parking areas, airport landing strips.
c.
Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking trails, biking trails, and horseback riding trails.
d.
Residential uses such as lawns, gardens, parking areas and play areas.
e.
Such other open-space uses similar in nature to the above uses.

a.
Uses or structures accessory to open-space uses.
b.
Circuses, carnivals, and similar transient amusement enterprises.
c.
Drive-in theaters, new and used car lots, roadside stands, signs, and billboards.
d.
Extraction of sands, gravel, and other materials.
e.
Marinas, boat rentals, docks, piers, wharves.
f.
Utility transmission lines, underground pipelines.
g.
Other uses similar in nature to uses described in Subsection 25.04.190.11 which are consistent with the provisions of Subsection 25.04.190.11 and the general spirit and purpose of this chapter.

Performance Standards. All Floodway District uses allowed as a permitted or conditional use shall meet the following standards:

a.
No development shall be permitted in the Floodway District that would result in any increase in the base flood elevation. 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.
b.
All development within the Floodway District shall:
1. 1.
  Be consistent with the need to minimize flood damage.
2. 2.
  Use construction methods and practices that will minimize flood damage.
3. 3.
  Use construction materials and utility equipment that are resistant to flood damage.
c.
No development shall affect the capacity or conveyance of the channel or floodway or any tributary to the main stream, drainage ditch, or any other drainage facility or system.
d.
Structures, buildings, recreational vehicles and sanitary and utility systems, if permitted, shall meet the applicable performance standards of the Floodway Fringe District and shall be constructed or aligned to present the minimum possible resistance to flood flows.
e.
Structures, if permitted, shall have a low flood damage potential and shall not be for human habitation.
f.
Storage of materials or equipment that are buoyant, flammable, explosive or injurious to human, animal or plant life is prohibited. Storage of other material may be allowed if readily removable from the Floodway District within the time available after flood warning.
g.
Watercourse alterations or relocations (channel changes and modifications) must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved by the Iowa Department of Natural Resources.
h.
Any fill allowed in the floodway must be shown to have some beneficial purpose and shall be limited to the minimum amount necessary.
i.
Pipeline river or stream crossings shall be buried in the streambed and banks or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering or due to the action of the flood flows.

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

25.04.190.12 Floodway Fringe (Overlay) District (FF)

Performance Standards. All development must be consistent with the need to minimize flood damage and shall meet the following applicable performance standards:

a.
Until a regulatory floodway is designated, no development may increase the Base Flood Elevation more than one (1) foot. The applicant will be responsible for providing the Department of Natural Resources with sufficient technical information to make such determination.
b.
All development shall
1. 1.
  Be designed and adequately anchored to prevent flotation, collapse or lateral movement,
2. 2.
  Use construction materials and utility equipment that are resistant to flood damage, and
3. 3.
  Use construction methods and practices that minimize flood damage.
c.
Residential Structures. All new or substantially improved residential structures shall have the lowest floor, including basements, elevated a minimum of one (1) foot above the base flood elevation. Construction shall be upon compacted fill which shall, at all points, be no lower than one (1) foot above the base flood elevation and extend at such elevation at least eighteen (18) feet beyond the limits of any structure erected thereon. Alternate methods of elevating (such as piers or extending foundations) may be allowed, subject to favorable consideration by the Board of Adjustment and issuance of a Conditional Use Permit, where existing topography, street grades, or other factors preclude elevating by fill. In such cases, the methods used must be adequate to support the structure as well as withstanding the various forces and hazards associated with flooding.
1. 1.
  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 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.
d.
Non-Residential Structures. All new and substantially improved nonresidential structures shall have the lowest floor (including basement) elevated a minimum of one (1) 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 of Iowa shall certify that the floodproofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 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 Administrator.
e.
All new and substantially improved structures:
1. 1.
  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:
  1. A.
    A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided.
  2. B.
    The bottom of all openings shall be no higher than one (1) foot above grade.
  3. C.
    Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
  4. D.
    Such areas shall be used solely for parking of vehicles, building access and low damage potential storage.
2. 2.
  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.
3. 3.
  New and substantially improved structures shall be constructed with electric meter, electrical service panel box, hot water heater, heating, air conditioning, ventilation equipment (including ductwork), and other similar machinery and equipment elevated (or in the case on non-residential structures, optionally floodproofed to) a minimum of one (1) foot above the base flood elevation.
4. 4.
  New and substantially improved structures shall be constructed with plumbing, gas lines, water/gas meters and other similar service utilities either elevated (or in the case of non-residential structures, optionally floodproofed to) a minimum of one (1) foot above the base flood elevation or designed to be watertight and withstand inundation to such a level.
f.
Factory-built homes:
1. 1.
  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 as required by the State Building Code.
2. 2.
  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 (1) foot above the base flood elevation.
g.
Utility and Sanitary Systems:
1. 1.
  All new and replacement sanitary sewage systems shall be designed to minimize and 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 (1) foot above the base flood elevation.
2. 2.
  On-site wastewater disposal and water supply systems shall be located or designed to avoid impairment to the systems or contamination from the systems during flooding.
3. 3.
  New or replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems. Water supply treatment facilities (other than on-site systems) shall be provided with a level of protection equal to or greater than one (1) foot above the base flood elevation.
4. 4.
  Utilities such as gas or electrical systems shall be located and constructed to minimize or eliminate flood damage to the systems and the risk associated with such flood damaged or impaired systems.
h.
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 (1) foot above the base flood elevation. Other material and equipment must either be similarly elevated or
1. 1.
  not be subject to major flood damage and be anchored to prevent movement due to flood waters or
2. 2.
  be readily removable from the area within the time available after flood warning.
i.
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 Iowa Department of Natural Resources.
j.
Watercourse alterations or relocations must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, the Department of Natural Resources must approve such alterations or relocations.
k.
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 chapter. 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 (5) acres or 50 lots (whichever is less) shall include base flood elevation data for those areas located within the Floodway Fringe (Overlay) District.
l.
Accessory structures to residential uses, 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:
1. 1.
  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.
2. 2.
  The structure shall be designed to have low flood damage potential. Its size shall not exceed 600 sq. ft. in size. Those portions of the structure located less than one (1) foot above the base flood elevation must be constructed of flood-resistant materials.
3. 3.
  The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters.
4. 4.
  Structures shall be firmly anchored to prevent flotation, collapse, and lateral movement which may result in damage to other structures.
5. 5.
  The structure's service facilities such as electrical and heating equipment shall be elevated or floodproofed to at least one (1) foot above the base flood elevation.
6. 6.
  The structure’s walls shall include openings that satisfy the provisions of Subsection 25.04.190.12 (2.e.1 and 2.) of this chapter.
7. 7.
  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.
m.
Recreational vehicles.
1. 1.
  Recreational vehicles are exempt from the requirements of Subsection 25.04.190.12(2.f.) of this chapter regarding anchoring and elevation of factory-built homes when the following criteria are satisfied.
  1. A.
    The recreational vehicle shall be located on the site for less than 180 consecutive days; and
  2. B.
    The recreational vehicle must be fully licensed and ready for highway use. A recreational vehicle is ready for highwa y 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.
2. 2.
  Recreational vehicles that are located on the site for more than 180 consecutive days or are not ready for highway use must satisfy the requirements of Subsection 25.04.190.12(2.f.) of this chapter regarding anchoring and elevation of factory-built homes.
n.
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.
o.
Maximum Damage Potential Development - All new or substantially improved maximum damage potential development shall have the lowest floor (including basement) elevated a minimum of one (1) foot above the elevation of the 500-year flood, or together with attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a professional engineer registered in the State of Iowa shall certify that the floodproofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 0.2% annual chance flood; and that the structure, below the 0.2% annual chance flood elevation is watertight with walls 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 Administrator. Where 0.2% chance flood elevation data has not been provided in the Flood Insurance Study, the Iowa Department of Natural Resources shall be contacted to compute such data. The applicant will be responsible for providing the Department of Natural Resources with sufficient technical information to make such determinations.

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

25.04.190.13 General Floodplain (Overlay) District (GF)

1.
Permitted Uses. All development within the General Floodplain District shall be permitted to the extent that they are not prohibited by any other chapter (or underlying zoning district) and provided they do not include placement of structures, factory-built homes, fill or other obstructions; the storage of materials or equipment; excavation; or alteration of a watercourse.
1. a.
  Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting.
2. b.
  Industrial-commercial uses such as loading areas, parking areas, airport landing strips.
3. c.
  Private and public recreation uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking trails, bike trails, and horseback riding trails.
4. d.
  Residential uses such as lawns, gardens, parking areas and play areas.
5. e.
  Review by the Iowa Department of Natural Resources is not required for the proposed construction of new or replacement bridges or culverts where:
  1. 1.
    The bridge or culvert is located on a stream that drains less than two (2) square miles, and
  2. 2.
    The bridge or culvert is not associated with a channel modification that constitutes a channel change as specified in 567-71.2(2), Iowa Administrative Code.
2.
Conditional Uses. Any development which involves placement of structures, factory-built home, fill or other obstructions; the storage of materials or equipment; excavation; or alteration of a watercourse may be allowed only upon issuance of a Conditional Use Permit by the Board of Adjustment as provided for in Section 25.86.150-3. All such uses shall be reviewed by the Iowa Department of Natural Resources to determine:
1. a.
  Whether the land involved is either wholly or partly within the floodway or floodway fringe and
2. b.
  The base flood elevation. The applicant shall be responsible for providing the Iowa Department of Natural Resources with sufficient technical information to make the determination.
3.
Performance Standards.
1. a.
  All development, or portions thereof, to be located in the floodway as determined by the Iowa Department of Natural Resources shall meet the applicable provisions and standards of the Floodway Overlay District (Subsection 25.04.190.11).
2. b.
  All development, or portions thereof, to be located in the floodway fringe as determined by the Department of Natural Resources shall meet the applicable standards of the Floodway Fringe Overlay District (Subsection 25.04.190.12).

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

25.04.190.14 Shallow Flooding (Overlay) District (SF)

Performance Standards. The performance standards for the Shallow Flooding District shall be the same as the performance standards for the Floodway Fringe District with the following exceptions:

a.
In shallow flooding areas designated as an AO Zone on the Flood Insurance Rate Map, the minimum floodproofing/flood protection elevation shall be equal to the number of feet as specified on the FIRM (or a minimum of 2.0 ft. if no number is specified) above the highest natural grade adjacent to the structure.
b.
In shallow flooding areas designated as an AH Zone on the Flood Insurance Rate Map, the minimum floodproofing/flood protection elevation shall be equal to the elevation as specified on the FIRM.
c.
In shallow flooding areas designated as either and AH or AO Zone on the Flood Insurance Rate Map, drainage paths are required around structures on slopes to adequately guide floodwaters around and away from proposed structures.

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.15 Administration

Appointment, Duties and Responsibilities of Administrator:

a.
The City Manager or their designee is hereby appointed and shall administer and enforce this chapter and will herein be referred to as the Administrator.
b.
Duties and responsibilities of the Administrator shall include, but not necessarily be limited to, the following:
1. 1.
  Review all floodplain development permit applications to ensure that the provisions of this chapter will be satisfied.
2. 2.
  Review all floodplain development permit applications to assure that all necessary permits have been obtained from federal, state or local governmental agencies including approval when required from the Department of Natural Resources for floodplain construction.
3. 3.
  Record and maintain a record of
  1. A.
    the elevation (in relation to North American Vertical Datum 1988) of the lowest floor (including basement) of all new or substantially improved structures or
  2. B.
    the elevation to which new or substantially improved structures have been floodproofed.
4. 4.
  Notify adjacent communities and/or counties and the Iowa 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.
5. 5.
  Keep a record of all permits, appeals, variances and such other transactions and correspondence pertaining to the administration of this chapter.
6. 6.
  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.
7. 7.
  Notify the Federal Insurance Administration of any annexations or modifications to the community's boundaries.
8. 8.
  Review subdivision proposal to ensure such proposals are consistent with the purpose of this chapter and advise the City Council and Board of Adjustment of potential conflicts.
9. 9.
  Maintain the accuracy of the community’s Flood Insurance Rate Maps when;
  1. 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
  2. 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 (1) foot in the base elevation; or
  3. C.
    Development relocates or alters the channel.
    I.
    Within six (6) 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.
10. 10.
  Perform site inspections to ensure compliance with the standards of this chapter.
11. 11.
  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.

Floodplain Development Permit.

a.
Permit Required. A Floodplain Development Permit issued by the Administrator shall be secured prior to initiation of any floodplain development (any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, filling, grading, paving, storage of materials or equipment, excavation or drilling operations) including the placement of factory-built homes.
b.
Application for Permit. Application for a Floodplain Development Permit shall be made on forms supplied by the Administrator and shall include the following information:
1. 1.
  Description of the work to be covered by the permit for which application is to be made.
2. 2.
  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. 3.
  Location and dimensions of all structures and additions
4. 4.
  Indication of the use or occupancy for which the proposed work is intended.
5. 5.
  Elevation of the base flood.
6. 6.
  Elevation (in relation to North American Vertical Datum 1988) of the lowest floor (including basement) of structures or of the level to which a structure is to be floodproofed.
7. 7.
  For structures being improved or rebuilt, the estimated cost of improvements and market value of the structure prior to the improvements.
8. 8.
  Such other information as the Administrator deems reasonably necessary (e.g., drawings or a site plan) for the purpose of this chapter.
c.
Action for Permit Application. The 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. For disapprovals, the applicant shall be informed, in writing, of the specific reasons therefore. The Administrator shall not issue permits for Conditional Uses or Variances except as directed by the Board of Adjustment.
d.
Construction and Use to be as Provided in Application and Plans. 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 Subsection 25.04.190.17. The applicant shall be required to submit certification by a professional engineer or land surveyor, as appropriate, registered in the State of Iowa, that the finished fill, structure 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.

Conditional Uses, Appeals, and Variances.

a.
Duties of Board of Adjustment. The Board of Adjustment shall hear and decide:
1. 1.
  Applications for conditional uses upon which the Board is authorized to pass under this chapter;
2. 2.
  Appeals; and
3. 3.
  Requests for variances to the provisions of this chapter; and shall take any other action which is required of the Board.
b.
Conditional Uses. Requests for conditional uses shall be submitted to the Administrator, who shall forward such to the Board of Adjustment for consideration. Such requests shall include information ordinarily submitted with applications as well as any additional information deemed necessary to the Board of Adjustment.
c.
Appeals. Where it is alleged, there is any error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter, the aggrieved party may appeal such action. The notice of appeal shall be filed with the Board of Adjustment and with the official from which the appeal is taken and shall set forth the specific reason for the appeal. The official from whom the appeal is taken shall transmit to the Board of Adjustment all the documents constituting the record upon which the action appealed from was taken.
d.
Variances. The Board of Adjustment may authorize upon request in specific cases such variances from the terms of this chapter that 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. 1.
  Variances shall not be issued within any designed floodway if any increase in flood levels during the base flood would result. 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. 2.
  Variances shall only be granted upon
  1. A.
    A showing of good and sufficient cause,
  2. B.
    A determination that failure to grant the variance would result in exceptional hardship to the applicant, and
  3. 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 or conflict with existing local codes or ordinances.
3. 3.
  Variance shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard to afford relief.
4. 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 Administrator that;
  1. A.
    The issuance of a variance will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and
  2. B.
    Such construction increases risks to life and property.
5. 5.
  All variances granted shall have the concurrence or approval of the Department of Natural Resources.
e.
Hearings and Decisions of the Board of Adjustment.
1. 1.
  Hearings. Upon the filing with the Board of Adjustment of an appeal, an application for a Conditional Use or a request for a variance, the Board shall hold a public hearing. The Board shall fix a reasonable time for the hearing and give public notice thereof, as well as due notice to parties in interest. At the hearing, any party may appear in person or by agent or attorney and present written or oral evidence. The Board may require the appellant or applicant to provide such information as is reasonably deemed necessary and may request the technical assistance and/or evaluation of a professional engineer or other expert person or agency, including the Department of Natural Resources.
2. 2.
  Decisions. The Board shall arrive at a decision on an appeal, conditional use or variance within a reasonable time. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of this chapter, reverse, or affirm, wholly or in part, or modify the order, requirement, decision, or determination appealed from, and it shall make its decision, in writing, setting forth the findings of fact and the reasons for its decision. In granting a conditional use or variance, the Board shall consider such factors as contained in this section and all other relevant sections of this chapter and may prescribe such conditions as contained in Subsection 25.04.190.15(3.e.2.B.).
  1. A.
    Factors Upon Which the Decision of the Board Shall be Based. In passing upon applications for conditional uses or requests for variances, the Board shall consider all relevant factors specified in other sections of this chapter 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 lands 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 community.
    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 chapter.
  2. B.
    Conditions attached to conditional uses or variances. Upon consideration of the factors listed above, the Board may attach such conditions to the granting of conditional uses or variances as it deems necessary to further the purpose of this chapter. Such conditions may include, but not necessarily be limited to:
    I.
    Modification of waste disposal and water supply facilities.
    II.
    Limitation on 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 Iowa Department of Natural Resources and are deemed the only practical alternative to achieving the purposes of this chapter.
    V.
    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 flood waters.
    h.
    Pumping facilities or comparable practices for subsurface drainage systems for building to relieve external foundation wall and basement flood pressures.
    i.
    Construction to resist rupture or collapse caused by water pressure or floating debris.
    j.
    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.
    k.
    Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to flooding.
3. 3.
  Appeals to the Court. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the Board.

(Ord. 2024-0646, 2015-0215; 2015-0433)

Effective on: 6/13/2015

Subsection 25.04.190.16 Nonconforming Uses

a.
If such use is discontinued for six (6) consecutive months, any future use of the building premises shall conform to this chapter.
b.
If any nonconforming use or structure is destroyed by any means, including floods, it shall not be reconstructed if the cost is more than fifty (50) percent of the market value of the structure before the damage occurred, unless it is reconstructed in conformity with the provisions of this chapter. 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.
c.
Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming uses.

Except as provided in Subsection 25.04.190.16(1.c.) any use which has been permitted as a conditional use or variance shall be considered a conforming use.

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.17 Penalties for Violations

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

Subsection 25.04.190.18 Amendments

(Ord. 2024-0646, 2015-0215)

Effective on: 1/1/1901

25.04.190.19 Severability

(Ord. 2024-0646)

Effective on: 1/1/1901