The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

100-year flood means a flood, the magnitude of which has a one percent chance of being equaled or exceeded in any given year or which, on the average, will be equaled or exceeded a least once every 100 years.

Base flood means the flood having one percent chance of being equaled or exceeded in any given year. (See also 100-year flood).

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

Development means any manmade change to improved or unimproved real estate, including, but not limited to, building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

Existing construction means any structure for which the start of construction commenced before July 31, 1978.

Existing factory-built home park or subdivision means a factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before July 31, 1978.

Expansion of existing factory-built home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Factory-built home means any structure, designed for residential use, which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation, on a building site. For the purpose of this article, the term "factory-built home" includes mobile homes, manufactured homes and modular homes and also it includes recreational vehicles which are placed on a site for greater than 180 consecutive days and not fully licensed for and ready for highway use.

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

Flood means a general and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of streams or rivers or from the unusual and rapid runoff of surface waters from any source.

Flood elevation means the elevation floodwaters would reach at a particular site during the occurrence of a specific flood. For instance, the 100-year flood elevation is the elevation of floodwaters related to the occurrence of the 100-year flood.

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

Floodplain means any land area susceptible to being inundated by water as a result of a flood.

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

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

Floodway means the channel of a river or stream and those portions of the floodplains adjoining the channel, which are reasonably required to carry and discharge floodwaters or flood flows so that confinement of flood flows to the floodway area will not cumulatively increase the water surface elevation of the base flood by more than one foot.

Floodway fringe means those portions of the floodplain, other than the floodway, which can be filled, levied, or otherwise obstructed without causing substantially higher flood levels or flow velocities.

Historic structure means any structure that is:

(1)

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

(2)

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

(3)

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

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by either:

a.

An approved state program as determined by the Secretary of the Interior; or

b.

Directly by the Secretary of the Interior in states without approved programs.

Lowest floor means the floor of the lowest enclosed area in a building including a basement except when all the following criteria are met:

(1)

The enclosed area is designed to flood to equalize hydrostatic pressure during floods with walls or openings that satisfy the provisions of section 50-245(b)(4)a;

(2)

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

(3)

Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one foot above the 100-year flood level; and

(4)

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

In cases where the lowest enclosed area satisfies criteria in subsections (1) through (4) of this definition, the lowest floor is the floor of the next highest enclosed area that does not satisfy the criteria above.

New construction means (new buildings, factory-built home parks) those structures or development for which the start of construction commenced on or after July 31, 1978.

New factory-built home park or subdivision means a factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after July 31, 1978.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

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

(3)

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

(4)

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

Special flood hazard area means the land within a community subject to the 100-year flood. This land is identified as zone A on the community's flood insurance rate map.

Start of construction means includes substantial improvement, and means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement, was within 180 days of the permit date. The actual start means either the first placement or permanent construction of a structure on a site, such as pouring of a slab or footings, the installation of pile, the construction of columns, or any work beyond the stage of excavation; or the placement of a factory-built home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; or does it include the installation of streets or walkways; or does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; or does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.

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

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any improvement to a structure which satisfies either of the following criteria:

(1)

Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

a.

Before the start of construction of the improvement; or

b.

If the structure has been substantially damaged and is being restored, before the damage occurred.

The term "substantial improvement" does not, however, include any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to ensure safe conditions for the existing use. The term "substantial improvement" also does not include any alteration of an historic structure, provided the alteration will not preclude the structure's designation as an historic structure.

(2)

Any addition which increases the original floor area of a building by 25 percent or more. All additions constructed after July 31, 1978 shall be added to any proposed addition in determining whether the total increase in original floor space would exceed 25 percent.

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

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

(Code 1996, § 131.12)

(a)

In any G, A, or R district, fences, walls and hedges must meet the following regulations:

(1)

In front yards, cannot exceed four feet in height.

(2)

In side yards, cannot exceed six feet in height.

(3)

In rear yards, cannot exceed six feet in height.

(4)

In street side yards on a corner lot, can be a maximum of six feet tall with a ten-foot setback.

(5)

In the case of retaining walls supporting embankments, the above requirements shall only apply to the part of the wall above the ground surface of the retained embankment.

(b)

In any C or M district, fences, walls or hedges must meet the following regulations:

(1)

In front yards, cannot exceed four feet in height.

(2)

In side yards, cannot exceed eight feet in height.

(3)

In rear yards, cannot exceed eight feet in height.

(4)

In the case of retaining walls supporting embankments, the above requirements shall only apply to the part of the wall above the ground surface of the retained embankment.

(c)

Approved fence materials for all districts:

(1)

Residential fences and commercial fences abutting residentially zoned property shall be constructed of stone, brick, treated wood, wood composite, vinyl panel, plaster, open ornamental/tubular metal, landscape hedge, or other building material as approved by the zoning administrator. Residential fences may also be chainlink if not located in front of any portion of the primary structure's front facade.

(2)

Commercial fences (except where abutting residential uses) shall be constructed of stone, brick, CMU block, pre-cast concrete panel, treated wood, wood composite, vinyl panel, chainlink with or without mesh, chainlink with or without vinyl coating, plaster, open ornamental/tubular metal, landscape hedge, metal pipe barrier, chained/cabled bollards.

(3)

Commercial fences (except where abutting residential uses) may be constructed of R-panel/metal sheet panel if the property is zoned M-1 (Light Industrial) or M-2 (Heavy Industrial).

(d)

Prohibited fence materials for all districts:

(1)

Electrical fences or electrical attachments of any type designed to administer a shock shall not be constructed within the legal limits of the city.

(2)

Permanent barbed wire and razor wire fences of any type or dimension shall not be constructed within the legal limits of the city. "Vee" arms or base and arms with barbed wire not to exceed three strands will be permitted in the C-3 (Highway Business) District, M-1 (Light Industrial) District and M-2 (Heavy Industrial) District. The lowest strand of barbed wire shall be a minimum of six feet above ground level.

(3)

CMU block walls, R-panel/metal sheet panel, metal pipe barrier, and chained/cabled bollards shall be prohibited in residentially zoned areas and where nonresidential uses abut residentially zoned areas.

(e)

Temporary fences in all districts:

(1)

Temporary fencing for the purpose of protecting or securing of construction sites shall be allowed and must be removed at the completion of the project.

(f)

Fences, walls and hedges that are not in compliance with current regulations can remain until a new fence, wall, or hedge is installed. For the purpose of this section, replacing 50 percent of a fence constitutes a new fence. The only exception to this is when a fence is adjacent an alley or a driveway, the fence must meet current regulations.

(g)

All fences and walls, whether new or replacement, require a zoning permit.

(h)

For the purpose of this section, the front yard is considered the side where the front door is located and property addressed. If there is a conflict, a determination will be made by the building inspector.

(Code 1996, § 123.01)

On any corner lot in any G-1, A-1, R-1, R-2, R-3, R-4 or R-5 District, no fence, wall or other structure shall be erected, or no foliage plant is permitted to grow to a height of more than 2½ feet above the elevation of the established curb grade at the intersection of the streets on that part of any yard which is bounded by the street lines of the intersection streets and a line connecting two points on the street right-of-way lines 25 feet from their point of intersection.

(Code 1996, § 123.02)

Except in those instances described in subsections (1) through (3) of this section, the term "scrap yard" or "salvage yard," as defined in this chapter, must be surrounded by a solid opaque fence or wall, of uniform design and color, and not less than six feet high, which substantially screens the area in which scrap, salvage or junk is stored or deposited. The fence must be kept in good repair and shall not be used for advertising displays or signs. Suitable gates, likewise opaque, are required, which shall be closed and locked after business hours or when the scrap or salvage yard is unattended. A portion of any one gate not to exceed ten feet in length, may be constructed of a nonopaque material to permit observation of the fenced premises. No scrap, salvage or junk shall be permitted to be stored or deposited outside of the fence, nor shall any scrap, salvage or junk be stacked or piled higher than the fence within 30 feet of the fence. Variations from the requirements of this section may be granted as follows:

(1)

If the perimeter of the scrap or salvage yard is effectively blocked from the public view by natural terrain features or is substantially lower in elevation than the surrounding terrain in a manner which renders thereby the opacity requirements hereof ineffective, the zoning administrative officer may, upon application, allow the substitution of a suitable fence in place of the solid opaque fence required herein.

(2)

If two or more scrap or salvage yards which otherwise meet the standards of this section abut each other and are located on lots adjoining each other, the fencing requirement of this section shall be waived by the zoning administrator for such common boundary so long as the common boundary continues to exist.

(3)

If a scrap or salvage yard abuts against an opaque fence which meets the fencing requirements, or an opaque structure which is not less than six feet high, the fencing requirements of this section shall be waived by the zoning administrator for such common boundary.

(Code 1996, § 123.03)

In any A or R district the following requirements apply to detached garages and detached accessory buildings:

(1)

A detached private garage is permitted in the side or rear yard on the same lot with a dwelling either as a separate building or in a separate room within or attached to the dwelling; however, the number of spaces for motor vehicles shall be no greater than four in an R-1 district; ten in an R-2 district; or ten in an R-3 district.

(2)

Each detached private garage or accessory building shall be not less than three feet from a property lot line or alley line. On corner lots an accessory building to be used as a garage shall meet the applicable setbacks for the district in which it is located.

(3)

No detached garage or accessory building is permitted within the limits of a front yard. On through lots the front yard setbacks apply on both street frontages.

(4)

Detached accessory buildings, other than private garages, within a rear yard may not occupy more than one-third of such area and shall not be more than 12 feet in height.

(5)

When wholly or partially within the limits of any side yard, a detached garage or accessory building is considered a part of the principal building on the same lot and shall conform to all yard and space requirements specified herein for principal buildings.

(6)

No detached garage or accessory building shall contain living quarters.

(7)

No detached accessory building shall be located within a front yard.

(8)

The construction of a detached garage or accessory building shall not precede the construction of the principal building on the same property.

(9)

A detached garage on the same property with the principal building shall not exceed the height of that principal building or 35 feet whichever is less.

(Code 1996, § 123.04)

(a)

No temporary buildings, trailers, mobile homes, tents, portable or potentially portable structures shall be used for any purpose in any district, except:

(1)

When located within a mobile home park;

(2)

For temporary buildings used to replace a building destroyed by fire or other calamity;

(3)

For use during renovation, expansion, planning and construction; or

(4)

An accessory use in conjunction with the commercial or industrial principle use, and not to exceed six months.

(b)

All permits allowing temporary buildings are to be for a maximum of two years. Small metal tool sheds, playhouses, and dog houses that are anchored adequately are excluded from the requirements. Overnight camping trailers, travel trailers, and tents are excluded from requirements for periods not to exceed two weeks.

(c)

Temporary buildings are not required to meet setback requirements and shall not be located on city right-of-way without the approval of the city planning department.

(Code 1996, § 123.05)

The following table gives height, yard, lot width and area requirements generally, based on the assumption that the lot is served by public water and sewer. When public water and sewer are not available, minimum lot size shall be 20,000 square feet except in an R-5 (Suburban Residential) District which requires lot area to be established by the county sanitarian, but in no case less than 60,000 square feet.

(a)

Farm buildings other than dwellings, communication towers, flag poles and bell towers are exempt from these regulations.

(b)

These regulations do not apply to a church, school, library, museum, club, and community buildings where activities, games, meetings, and group functions are held, such as a social center, community building or building of similar institution. However, the following regulations will apply in R-1, R-2 and R-3 zones only:

(1)

Front yards shall be a minimum of 35 feet;

(2)

Side yards shall be a minimum of 20 feet plus one foot for each additional two feet of building height over 50 feet;

(3)

Rear yards shall be a minimum of 34 feet.

(c)

Side yards shall be a minimum of six feet for one-story buildings, eight feet for two-story buildings, ten feet for 2 1/2-story buildings.

(d)

Side yard setback required on the side of a lot adjoining an R-1, R-2, or R-3 district in which case the side yard regulation of the district which it adjoins shall apply. No rear yard required except on the rear of a lot abutting an A-1, R-1, R-2, or R-3 district in which case the rear yard regulations of the district which it adjoins shall apply. On corner lots the side yard adjoining the street or public place shall be a minimum of ten feet in the C-3 district.

(e)

Area requirements for structures containing six or more dwelling units shall provide 1,500 square feet of lot area per each dwelling unit.

(f)

Area requirements for structures containing six or more dwelling units shall provide 1,250 square feet of lot area per each dwelling unit.

(g)

All yard measurements shall be from existing street right-of-way lines except when there is a proposed major thoroughfare plan on file. In such case, yard measurements must be made from proposed major thoroughfare right-of-way lines.

(h)

Rear yard depth shall be 40 feet unless the rear lot line adjoins a railroad right-of-way, in which case, none required.

(i)

Required adjacent to an R district in which case not less than 25 feet, except none required when separated by a public street, not less than 60 feet of right-of-way. On corner lots, the side yard adjoining the street or public place shall be a minimum of 15 feet in M-1 district.

(j)

Required adjacent to an R district in which case not less than 100 feet, except none required when separated by a public street, not less than 60 feet of right-of-way. On corner lots the side yard adjoining the street or public place shall be a minimum of 15 feet in M-2 district.

(k)

On corner, interior or irregular shaped lots, all lot lines abutting an existing or a future public street/right-of-way (greater than 18 feet) will have the required front yard setback. The portion of the lot abutting what would be the side yard setback for the adjacent lot will be considered the side yard for said lot also. Note examples on figure #1 in the appendix of this Code of Ordinances.

(l)

These regulations do not apply in the case of business and technology parks allowed in an R-1, R-2, R-3 district per division 6 of article V of this chapter requiring a development agreement. In such cases the following regulations will apply:

(1)

Minimum lot area of 217,800 square feet.

(2)

Maximum building height of 35 feet.

(3)

Front yards shall be a minimum of 35 feet.

(4)

Side yards shall be a minimum of 20 feet.

(5)

Rear yards shall be a minimum of 35 feet.

(m)

These regulations do not apply to light manufacturing and assembly allowed in the C-3 district per division 6 of article V of this chapter requiring a development agreement. In such cases the following rules will apply:

(1)

Minimum lot area of two acres.

(2)

Maximum building height of 35 feet.

(3)

Front yards shall be a minimum of 35 feet.

(4)

Side yards shall be a minimum of 25 feet.

(5)

Rear yards shall be a minimum of 35 feet.

(n)

These general regulations may be reduced in the case of vineyards and related eating and drinking establishments in the A-1 district. In such cases a development agreement in accordance with division 6 of article V of this chapter shall establish setbacks, building heights, lot width, and minimum lot area while taking into account location, topography, adjacent uses, net buildable area, and natural habitat. However, no requirement shall be reduced by greater than 25 percent.

(Code 1996, § 123.06)

In any district the required front yard depth for a principal building located on a lot within 70 feet measured along the street line from the nearest corner of the lot under consideration, to any portion of two or more lots in the same block and which lots are occupied by buildings which front on the same street as the proposed principal buildings, shall be the average of the front yard depth of such existing buildings. In computing such front yard depth, existing buildings with front yard depths greater than 50 feet shall be assumed to have a front yard depth of 50 feet and a building with a front yard depth of less than required shall be assumed to have a depth as measured.

(Code 1996, § 123.07)

On through lots, the required front yard shall be provided on both streets. No accessory building or structure may extend into either of the required front yards. The provisions of the preceding section 50-155 also apply when determining the front yard setbacks for through lots.

(Code 1996, § 123.08)

Permitted Projections (in feet)

(Code 1996, § 123.09)

Where a lot abuts on an alley, one-half of the alley width may be considered as part of the rear yard. However, the alley width may not be used to meet the required setbacks for detached accessory buildings or detached garages within R districts.

(Code 1996, § 123.10)

This section applies only to canopies in a C-3 Highway Business District. Canopies in all other districts shall comply with regulations for buildings permitted in their respective districts.

(1)

Definition. A canopy is a roof-like structure open on a minimum of three sides including the street side.

(2)

Setback. None.

(3)

Clearance from grade. (When within required setback.)

a.

Minimum: Ten feet.

b.

Maximum: 16 feet.

(4)

Projection into right-of-way. Prohibited.

(Code 1996, § 123.11)

More than one principal building may be erected upon a lot in the case of commercial or industrial buildings or of multiple dwellings, hospitals, institutions and public buildings, where such uses are permitted, provided that all yard and area requirements otherwise required on the lot for a single building are observed.

(Code 1996, § 123.12)

Where a lot of record at the time of the effective date of the ordinance from which this chapter is derived has less width than herein required in the district in which it is located and the owner of such lot does not own any other parcel or tract adjacent thereto, the lot may nonetheless be used for a one-family dwelling or for any non-dwelling use permitted in the district in which it is located, providing that all yard requirements are met except that lots of record at the time of adoption of the ordinance from which this chapter is derived having a width of less than 60 feet, the interior side yards may be reduced for single-family dwellings to four feet.

(Code 1996, § 123.13)

Where a lot of record at the time of the effective date of the ordinance from which this chapter is derived has less area than herein required in the district in which it is located and the owner of such lot does not own any other parcel or tract adjacent thereto, the lot may nonetheless be used for a one-family dwelling or for any non-dwelling use permitted in the district in which it is located.

(Code 1996, § 123.14)

(a)

No person shall cause or permit the establishment of any adult entertainment business as defined in section 50-1 in any district zoned for residential use or within 1,000 feet from another business, school, church, public park, public playground, public plaza, day nursery, day care center, nursery school, regularly scheduled school bus stop, or any dwelling (one- and two-family or multiple-dwelling).

(b)

The establishment of an adult entertainment business shall include the opening of such business as a new business, the relocation of such business, or the conversion of an existing business location to any of the uses described as an entertainment business in section 50-1.

(c)

Measurement of the 1,000-foot restriction shall be taken on a direct line from the property line of such adult entertainment business to the point on the property line of such other business, school, church, public park, public playground, public plaza, day nurseries, day care center, nursery school, regularly scheduled school bus stop, or any dwelling (one- and two-family or multiple-dwelling).

(d)

All buildings used for adult entertainment business shall have their openings, entries, windows, etc., constructed, located, covered, or screened in such a manner as to prevent a view into the interior of such building from any pedestrian sidewalk, walkway, street or other public or semi-public area. Advertisements, displays or other promotional materials shall not be shown or exhibited so as to be visible to the public from the pedestrian sidewalks, walkways, or other public or semi-public area.

(Code 1996, § 123.22)

No activity, use, land, structure or building shall be permitted within the distance specified herein from a public well without written signed permission from the city planning department, state department of natural resources, and the state department of health.

(Code 1996, § 123.23; Ord. No. 97-1490)

(a)

Building/zoning permit required. The owner of a tower structure shall make application for a building/zoning permit which shall include, but not be limited to, the following:

(1)

A site plan, which clearly delineates the location, type and height of the proposed tower.

(2)

Area maps showing the location of the proposed facilities.

(3)

A description of the parcel.

(4)

A landscape plan.

(5)

Fencing described in detail (color and type of materials to be used).

(6)

A certification of the applicant that the tower will comply with all applicable federal, state and local standards and regulations.

(7)

Whether the tower can accommodate co-location of additional antennas.

(8)

A statement by the telecommunications company that it holds a valid license as required by state or federal law.

(9)

A description of how the proposed site fits into the applicant's overall network.

(10)

All other materials necessary for the city to properly evaluate the applicant's request.

(b)

All tower structures shall be protected from unauthorized access by a security screen or fence no less than eight feet high.

(c)

All proposals shall be accompanied by an engineer's certified collapse range specifications.

(d)

Any tower structure that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such tower shall remove same within 90 days of receipt of notice from the city notifying the owner of such abandonment.

(e)

Communication towers may be located in M-1 Light Industrial and M-2 Heavy Industrial Districts only.

(f)

The fall radius of any tower must be certified by a licensed engineer.

(g)

The fall radius must be completely on the property on which the tower is located.

(h)

Exceptions to the above-mentioned tower regulations are:

(1)

Amateur radio, private or other noncommercial antennas.

(2)

Antenna/tower less than 75 feet in height and owned and operated by federally-licensed amateur radio station operator.

(3)

Exclusively for receiver only antennas.

(4)

Antennas located on municipal water towers and grain elevators not exceeding 20 feet from the structure.

(Code 1996, § 123.24)

(a)

In all districts except C-2 there shall be provided at the time any building is erected or structurally altered (except as otherwise provided in this division), off-street parking spaces (not including any space within a building or structure) in accordance with the following requirements:

(1)

Dwellings:

a.

One- and two-family dwellings: Two parking spaces for each dwelling unit;

b.

Multiple-dwelling: Two parking spaces for each dwelling unit.

Parking spaces for multiple dwellings shall be paved with asphalt or Portland cement concrete and shall not be located in the front yard.

(2)

Roominghouse, lodginghouse or boardinghouse: One parking space for each sleeping room.

(3)

Private club or lodge including golf clubs: One parking space for every 15 memberships.

(4)

Church or temple: One parking space for each eight seats in the main auditorium.

(5)

School (except high school or college): One parking space for each ten seats in the auditorium or main assembly room, or one space for each classroom, whichever is greater.

(6)

College or high schools: One parking space for each eight seats in the main auditorium or three spaces for each classroom, whichever is greater.

(7)

Community center, library, museum or art gallery: Ten parking spaces plus one additional space for each 300 square feet of floor area in excess of 2,000 square feet.

(8)

Hospital: One parking space for each four beds plus one for each two employees.

(9)

Sanitarium, convalescent home, home for the aged or similar institution: One parking space for each six beds.

(10)

Theater or auditorium (except school): One parking space for each 15 seats or bench seating spaces.

(11)

Seasonal camp or cabin: One parking space for each two beds for each cabin or sleeping unit, whichever is greater.

(12)

Sports arena, stadium or gymnasium: One parking space for each five seats of seating spaces.

(13)

Hotel: One parking space for each three sleeping rooms or suite plus one space for each 200 square feet of commercial floor area contained therein.

(14)

Tourist home, cabin, or motel: One parking space for each sleeping room.

(15)

Dance hall, assembly or exhibition hall without fixed seats: One parking space for each 100 square feet of floor area used therefor.

(16)

Business or professional office building including studios, banks, medical or dental clinics: Three parking spaces plus one additional parking space for each 400 square feet of floor area over 1,000.

(17)

Bowling alley: Five parking spaces for each lane.

(18)

Mortuary or funeral home: One parking space for each 50 square feet of floor space in slumber rooms, parlors and individual funeral service rooms. However, in an R-2 or R-3 District, there shall be a minimum of 35 off-street parking spaces provided.

(19)

Retail store, hardware store or personal service establishment, except as otherwise specified herein: One parking space for each 200 square feet of floor area.

(20)

Furniture or appliance store, wholesale establishments, machinery or equipment sales and service, clothing repair, shoe repair, or service shop: Two parking spaces plus one additional parking space for each 500 square feet of floor area over 1,000.

(21)

Printing or plumbing shop or similar service establishment: One parking space for each three persons employed therein.

(22)

Manufacturing or industrial establishment research or testing laboratory, creamery, bottling plant, warehouse or similar establishment: One parking space for each two employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith.

(23)

Automatic car wash (not self-service): Three parking spaces for each washing bay.

(24)

Gasoline service stations: Three parking spaces plus two for each service stall.

(25)

Fraternity or sorority: One parking space for each 300 square feet of floor area in the building.

(26)

Eating or drinking establishment, restaurant, nightclub, cafe, or similar recreation or amusement establishment: One parking space for each 100 square feet of floor area.

(27)

One bedroom apartment under 600 square feet or efficiency living unit: one and one-fourth parking spaces per unit.

(28)

Country golf course: Four parking spaces per hole;

(29)

County fairgrounds: Parking spaces equal to one-half the capacity of the grandstand in addition to 20 spaces per exhibition building.

(b)

Off-street parking is not required in the C-2 district.

(Code 1996, § 123.15)

In computing the number of off-street parking spaces required, the following rules govern:

(1)

The term "floor area" means the gross floor area of the specific use.

(2)

Where fractional spaces result, the parking spaces required are the nearest whole number.

(3)

The parking space requirement for a use not specifically mentioned herein is the same as required for a use of similar nature.

(4)

Whenever a building erected or established after the effective date of the ordinance from which this chapter is derived is enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise to create a need for an increase of ten percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change.

(5)

Whenever a building existing prior to the effective date of the ordinance from which this chapter is derived is enlarged to the extent of 50 percent or more in the floor area or in the area used, the building or use shall then and thereafter comply with the parking requirements set forth herein.

(6)

In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

(7)

The size of a parking space for one vehicle shall consist of a rectangular area having dimensions of not less than nine by 20 feet plus adequate area for ingress and egress.

(Code 1996, § 123.16)

All parking spaces required herein shall be located on the same building or lot as the use served, except that where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located not to exceed 300 feet therefrom.

(1)

Not more than 50 percent of the parking spaces required for:

a.

Theaters, bowling alleys, dance halls, nightclubs or cafes and up to 100 percent of the parking spaces required for a church or school auditorium may be provided and used jointly by:

b.

Banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed in subsection (1)(a) of this section; provided, however, that written agreement thereto is properly executed and filed as specified below.

(2)

In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement shall be properly drawn and executed by the parties concerned, approved as to form by the city attorney, and shall be filed with the application for a building permit.

(Code 1996, § 123.17)

Off-street parking space may be located within the required front yard in any C-2, C-3, M-1, or M-2 district, provided such space is 50 feet or more away from any R district. No off-street parking is permitted in the front yard of any R district, except upon a regularly constructed, duly authorized driveway and parking lots in conjunction with a permitted use when the parking lot meets all yard setbacks.

(Code 1996, § 123.18)

There shall be provided at the time any building is erected or structurally altered in any C or M district (except as otherwise provided in this division) one off-street loading space for the first 10,000 square feet of gross floor area plus one additional space for each 20,000 feet or any part thereof of additional square feet of gross floor area.

(Code 1996, § 123.19)

The owner of any tract of land containing two or more acres may submit to the council a plan for the use and development of all of the tract of land for residential and accessory purposes. Such plan shall be referred to the city planning commission for study, report and public hearing. After public hearing, the same shall be submitted to the council for consideration and action. The approval and recommendations of the commission shall be accompanied by a report stating the reasons for approval of the plans and specific evidence and facts showing that the proposed planned residential unit meets the following conditions:

(1)

That the property adjacent to the area included in the plan will not be adversely affected, and to this end the commission may provide, in the absence of an appropriate physical barrier, that uses of least intensity or a buffer of open space or screening be arranged along the borders of the project.

(2)

That the plan is consistent with the interest and purposes of this division to promote public health, safety, morals and general welfare.

(3)

That the building shall be used for only one-family dwellings, two-family dwellings, multifamily dwellings and the usual accessory buildings and uses such as garages, storage space or community activities, including churches and including limited commercial activities such as laundry facilities that primarily serve the residents of the complex.

(4)

That the average lot area per family, exclusive of the area occupied by public streets, shall not be less than the lot area per family required in the district in which the property is located.

(5)

That sufficient area is reserved for recreational facilities.

(Code 1996, § 123.20)

If the council approves the plan, building permits and certificates of occupancy may be issued, although the use of the land and the location of the buildings to be erected on the land, the yards and open spaces contemplated by the plan do not conform in all respects to the regulations of the district in which it is located. In event of any variation in the plan, as approved by the council, the zoning administrative officer shall deny the permit and the applicant for such permit may revise or amend his plan and resubmit the same to the council for approval as an original plan.

(Code 1996, § 123.21)

It is the purpose of this division to protect and preserve the rights, privileges and property of the 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 section 50-242(b)(1) of this division 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. No. 2019-1830, § 1, 9-16-2019)

(a)

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

(b)

Findings of fact.

(1)

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

(2)

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

(3)

This ordinance relies upon engineering methodology for analyzing flood hazards which is consistent with the standards established by the department of natural resources.

(Ord. No. 2019-1830, § 1, 9-16-2019)

Unless specifically defined below, words or phrases used in this division shall be interpreted so as to give them the meaning they have in common usage and to give this division its most reasonable application.

Appurtenant structure. A structure which is on the same parcel of the property as the principal structure to be insured and the use of which is incidental to the use of the principal structure

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

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

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

Development. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials. "Development" does not include "minor projects" or "routine maintenance of existing buildings and facilities" as defined in this section. It also does not include gardening, plowing, and similar practices that do not involve filling or grading.

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

(1)

The enclosed area is designed to flood to equalize hydrostatic pressure during flood events with walls or openings that satisfy the provisions of section 50-248(b)(4)a. of this division, and

(2)

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

(3)

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

(4)

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

Existing construction. Any structure for which the "start of construction" commenced before the effective date of the first floodplain management regulations adopted by the community.

Existing mobile home park or subdivision. A factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the first floodplain management regulations adopted by the community.

Expansion of existing factory built home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Factory-built home. Any structure, designed for residential use which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation, on a building site. For the purpose of this section factory-built homes include mobile homes, manufactured homes, and modular homes; and also include "recreational vehicles" which are placed on a site for greater than 180 consecutive days and not fully licensed for and ready for highway use.

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

Five hundred (500) year flood. A flood, the magnitude of which has a two-tenths (0.2) percent chance of being equaled or exceeded in any given year or which, on average, will be equaled or exceeded at least once every 500 years.

Flood. A general and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of streams or rivers or from the unusual and rapid runoff of surface waters from any source.

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

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

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

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

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

Floodway. The channel of a river or stream and those portions of the floodplains adjoining the channel, which are reasonably required to carry and discharge flood waters or flood flows so that confinement of flood flows to the floodway area will not cumulatively increase the water surface elevation of the base flood by more than one foot.

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

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

Historic structure. Any structure that is:

(1)

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

(2)

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

(3)

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

(4)

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

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

Maximum damage potential uses. Hospitals and like institutions; buildings or building complexes containing documents, data, or instruments of great public value; buildings or building complexes containing materials dangerous to the public or fuel storage facilities; power installations needed in emergency or other buildings or building complexes similar in nature or use.

Minor projects. Small development activities (except for filling, grading and excavating) valued at less than $500.00.

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

New factory built home park or subdivision. A factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the effective date of the first floodplain management regulations adopted by the community.

Recreational vehicle. A vehicle which is:

(1)

Built on a single chassis;

(2)

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

(3)

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

(4)

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

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

(1)

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

(2)

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

(3)

Basement sealing;

(4)

Repairing or replacing damaged or broken window panes;

(5)

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

Special flood hazard area (SFHA). The land within a community subject to the "base flood." This land is identified on the community's flood insurance rate map as Zone A, A1-30, AE, AH, AO, AR, and/or A99.

Start of construction. Includes substantial improvement, and means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement, was within 180 days of the permit date. The actual start means either the first placement or permanent construction of a structure on a site, such as pouring of a slab or footings, the installation of pile, the construction of columns, or any work beyond the stage of excavation; or the placement of a factory-built home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.

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

Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Volunteer labor and donated materials shall be included in the estimated cost of repair.

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

(1)

Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (i) before the "start of construction" of the improvement, or (ii) if the structure has been "substantially damaged" and is being restored, before the damage occurred.

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

(2)

Any addition which increases the original floor area of a building by 25 percent or more. All additions constructed after the effective date of the first floodplain management regulations adopted by the community shall be added to any proposed addition in determining whether the total increase in original floor space would exceed 25 percent.

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

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

(Ord. No. 2019-1830, § 1, 9-16-2019; Ord. No. 2019-1832, § 1, 10-21-2019)

(a)

Lands to which ordinance apply. The provisions of this article shall apply to all lands within the jurisdiction of the 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 section 50-246.

(b)

Establishment of official floodplain zoning map. The flood insurance rate map (FIRM) for Hamilton County and Incorporated Areas, City of Webster City, Panels 19079C0155D, 0160D, 0165D, 0170D, dated December 20, 2019, which were prepared as part of the flood insurance study for Hamilton County, is (are) hereby adopted by reference and declared to be the official floodplain zoning map. The flood profiles and all explanatory material contained with the flood insurance study are also declared to be a part of this division.

(c)

Rules for interpretation of district boundaries. The boundaries of the zoning district areas shall be determined by scaling distances on the official floodplain zoning map. When an interpretation is needed as to the exact location of a boundary, the administrator shall make the necessary interpretation. The zoning 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 zoning administrator in the enforcement or administration of this division.

(d)

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 division and other applicable regulations which apply to uses within the jurisdiction of this division.

(e)

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

(f)

Interpretation. In their interpretation and application, the provisions of this division 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.

(g)

Warning and disclaimer of liability. The standards required by this division are considered reasonable for regulatory purposes. This division does not imply that areas outside the designated Floodplain (Overlay) District areas will be free from flooding or flood damages. This division shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this division or any administrative decision lawfully made there under.

(Ord. No. 2019-1830, § 1, 9-16-2019)

(a)

Appointment, duties and responsibilities of local official.

(1)

The city building official hereby appointed to implement and administer the provisions of this division and will herein be referred to as the administrator.

(2)

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

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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.

g.

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

h.

Review subdivision proposals to ensure such proposals are consistent with the purpose of this division and advise the planning and zoning commission of potential conflict.

i.

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

1.

Development placed within the Floodway (Overlay) District results in any of the following:

(i)

An increase in the base flood elevations; or

(ii)

Alteration to the floodway boundary

2.

Development place in Zones A, AE, AH, and A1-30 that does not include a designated floodway that will cause a rise of more than one foot in the base elevation; or

3.

Development relocates or alters the channel.

Within 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.

j.

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

k.

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.

(b)

Floodplain development permit.

(1)

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

(2)

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

a.

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

b.

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

c.

Location and dimensions of all buildings and building additions.

d.

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

e.

Elevation of the base flood.

f.

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

g.

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

h.

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

(3)

Action on permit application. The administrator shall, within a reasonable time, make a determination as to whether the proposed floodplain development meets the applicable standards of this division 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 variances except as directed by the city zoning board of adjustment.

(4)

Construction and use to be as provided in application and plans. Floodplain development permits based on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this division. 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, building floor elevations, floodproofing, or other flood protection measures were accomplished in compliance with the provisions of this division, prior to the use or occupancy of any structure.

(Ord. No. 2019-1830, § 1, 9-16-2019)

The floodplain areas within the jurisdiction of this division are hereby divided into the following districts:

(1)

Floodway (Overlay) District (FW). Those areas identified as Floodway on the official floodplain zoning map;

(2)

Floodway Fringe (Overlay) District (FF). Those areas identified as Zone AE on the official floodplain zoning map but excluding those areas identified as Floodway;

(3)

General Floodplain (Overlay) District (GF). Those areas identified as Zone A on the official floodplain zoning map; and

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 division is granted after due consideration by the board of adjustment.

(Ord. No. 2019-1830, § 1, 9-16-2019)

(a)

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

(b)

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

(1)

No use 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.

(2)

All uses within the Floodway District shall:

a.

Be consistent with the need to minimize flood damage.

b.

Use construction methods and practices that will minimize flood damage.

c.

Use construction materials and utility equipment that are resistant to flood damage.

(3)

No use shall affect the capacity or conveyance of the channel or floodway of any tributary to the main stream, drainage ditch or any other drainage facility or system.

(4)

Structures, buildings and sanitary and utility systems, if permitted, shall meet the applicable performance standards of the Floodway Fringe District and shall be constructed or aligned to present the minimum possible resistance to flood flows.

(5)

Buildings, if permitted, shall have a low flood damage potential and shall not be for human habitation.

(6)

Storage of materials or equipment that are buoyant, flammable, explosive or injurious to human, animal or plant life is prohibited. Storage of other material may be allowed if readily removable from the Floodway District within the time available after flood warning.

(7)

Watercourse alterations or relocations (channel changes and modifications) must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved by the department of natural resources.

(8)

Any fill allowed in the floodway must be shown to have some beneficial purpose and shall be limited to the minimum amount necessary.

(9)

Pipeline river or stream crossings shall be buried in the streambed and banks or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering or due to the action of flood flows.

(Ord. No. 2019-1830, § 1, 9-16-2019)

(a)

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

(b)

Performance standards. All uses must be consistent with the need to minimize flood damage and meet the following applicable performance standards. Where base flood elevations have not been provided on the flood insurance rate map, the Iowa Department of Natural Resources shall be contacted to compute such data. The applicant will be responsible for providing the department of natural resources with sufficient technical information to make such determination.

(1)

All structures shall:

a.

Be adequately anchored to prevent flotation, collapse or lateral movement of the structure.

b.

Use construction methods and practices that will minimize flood damage.

c.

Use construction materials and utility equipment that are resistant to flood damage.

(2)

Residential structures. All new or substantially improved residential structures shall have the lowest floor, including basement, elevated a minimum of one foot above the base flood elevation. Construction shall be upon compacted fill which shall, at all points, be no lower than 1.0 feet above the base flood elevation and extend at such elevation at least 18 feet beyond the limits of any structure erected thereon. Alternate methods of elevating (such as piers or extended foundations) may be allowed subject to favorable consideration by the board of adjustment, where existing topography, street grades, or other factors preclude elevating by fill. In such cases, the methods used must be adequate to support the structure as well as withstand the various forces and hazards associated with flooding.

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.

(3)

Non-residential structures. All new or substantially improved non-residential structures shall have the lowest floor (including basement) elevated a minimum of one foot above the base flood elevation, or together with attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a professional engineer registered in the State 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.

(4)

All new and substantially improved structures:

a.

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

1.

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

2.

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

3.

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

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

b.

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

c.

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

(5)

Factory-built homes:

a.

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

b.

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

(6)

Utility and sanitary systems:

a.

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

b.

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

c.

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

d.

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

(7)

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

(8)

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 feet of design freeboard and shall provide for adequate interior drainage. In addition, the department of natural resources shall approve structural flood control works.

(9)

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.

(10)

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 division. Subdivision proposals intended for residential use shall provide all lots with a means of access which will be passable by wheeled vehicles during the base flood. Proposals for subdivisions greater than five acres or 50 lots (whichever is less) shall include base flood elevation data for those areas located within the Floodplain (Overlay) District.

(11)

Accessory structures to residential uses:

a.

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

1.

The structure shall be designed to have low flood damage potential. Its size shall not exceed 600 square feet in size. Those portions of the structure located less than one foot above the base flood elevation must be constructed of flood-resistant materials.

2.

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.

3.

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

4.

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

5.

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

6.

The structure's walls shall include openings that satisfy the provisions of section 50-248(b)(4)a. of this division.

b.

Exemption from the base flood elevation requirements for such a structure may result in increased premium rates for flood insurance coverage of the structure and its contents.

(12)

Recreational vehicles:

a.

Recreational vehicles are exempt from the requirements of section 50-248(b)(5) of this division regarding anchoring and elevation of factory-built homes when the following criteria are satisfied.

1.

The recreational vehicle shall be located on the site for less than 180 consecutive days; and

2.

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

b.

Recreational vehicles that are located on the site for more than 180 consecutive days or are not ready for highway use must satisfy requirements of section 50-248(b)(5) of this division regarding anchoring and elevation of factory-built homes.

(13)

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.

(14)

Maximum damage potential uses. All new or substantially improved maximum damage potential uses shall have the lowest floor (including basement) elevated a minimum of one foot above the elevation of the 500-year flood, or together with attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a professional engineer registered in the State 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 percent annual chance flood; and that the structure, below the 0.2 percent annual chance flood elevation is watertight with walls substantially impermeable to the passage of water. A record of the certification indicating the specific elevation (in relation to North American Vertical Datum 1988) to which any structures are floodproofed shall be maintained by the administrator. Where 0.2 percent chance flood elevation data has not been provided in the flood insurance study, the Iowa Department of Natural Resources shall be contacted to compute such data. The applicant will be responsible for providing the department of natural resources with sufficient technical information to make such determinations

(Ord. No. 2019-1830, § 1, 9-16-2019)

(a)

Permitted uses.

(1)

All uses within the General Floodplain District shall be permitted to the extent that they are not prohibited by any other ordinance (or underlying zoning district) and provided they meet the applicable performance standards of the General Floodplain District.

(2)

Any uses which involve placement of structures, factory-built homes, fill or other obstructions, storage of materials or equipment, excavation or alteration of a watercourse shall be reviewed by the department of natural resources to determine (i) whether the land involved is either wholly or partly within the floodway or floodway fringe and (ii) the base flood elevation. The applicant shall be responsible for providing the department of natural resources with sufficient technical information to make the determination.

(3)

Review by the Iowa Department of Natural Resources is not required for the proposed construction of new or replacement bridges or culverts where:

a.

The bridge or culvert is located on a stream that drains less than two square miles; and

b.

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.

(b)

Performance standards.

(1)

All uses, or portions thereof, to be located in the floodway as determined by the department of natural resources shall meet the applicable provisions and standards of the Floodway (Overlay) District section 50-247.

(2)

All uses, or portions thereof, to be located in the floodway fringe as determined by the department of natural resources shall meet the applicable provisions and standards of the Floodway Fringe (Overlay) District section 50-248.

(Ord. No. 2019-1830, § 1, 9-16-2019)

(a)

Appointment and duties of board of adjustment. The zoning board of adjustment is hereby established which shall hear and decide (i) appeals and (ii) requests for variances to the provisions of this division, and shall take any other action which is required of the board.

(b)

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 division, the aggrieved party may appeal such action. The notice of appeal shall be filed with the board of adjustment and with the official from whom 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.

(c)

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

(1)

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

(2)

Variances shall not be issued within any designated 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.

(3)

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

(4)

In cases where the variance involves a lower level of flood protection for buildings than what is ordinarily required by this division, the applicant shall be notified in writing over the signature of the administrator that: (i) the issuance of a variance will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage and (ii) such construction increases risks to life and property.

(5)

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

(d)

Hearings and decisions of the board of adjustment.

(1)

Hearings. Upon the filing with the zoning board of adjustment of an appeal 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)

Decisions. The board shall arrive at a decision on an appeal 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 division, 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 variance, the board shall consider such factors as contained in this section and all other relevant sections of this division and may prescribe such conditions as contained in section 50-250.

a.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

The requirements of the facility for a floodplain location.

7.

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

8.

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

9.

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

10.

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

11.

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

12.

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.

13.

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

b.

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

1.

Modification of waste disposal and water supply facilities.

2.

Limitation of periods of use and operation.

3.

Imposition of operational controls, sureties, and deed restrictions.

4.

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

5.

Floodproofing measures shall be designed consistent with the flood protection elevation for the particular area, flood velocities, duration, 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.

(e)

Appeals to the court. Any person or persons, jointly or severally, aggrieved by any decision of the zoning 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 30 days after the filing of the decision in the office of the board.

(Ord. No. 2019-1830, § 1, 9-16-2019)

(a)

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

(1)

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

(2)

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

(3)

If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50 percent of the market value of the structure before the damage occurred, unless it is reconstructed in conformity with the provisions of this division.

(b)

Except as provided in section 50-251(a)(2), any use which has been permitted as a variance shall be considered a conforming use

(Ord. No. 2019-1830, § 1, 9-16-2019)

Violations of the provisions of this division or failure to comply with any of the requirements (including violations of conditions and safeguards established in connection with grants of variances) shall constitute a misdemeanor. Any person who violates this division or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 or imprisoned for not more than 30 days. Each day such violation continues shall be considered a separate offense. Nothing herein contained prevent the city from taking such other lawful action as is necessary to prevent or remedy violation.

(Ord. No. 2019-1830, § 1, 9-16-2019)

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

(Ord. No. 2019-1830, § 1, 9-16-2019)