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A. Permitted Uses:
1. All development 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 development which involves 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 (2) 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 development, 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 16-6-4-6.
2. All development, 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 16-6-4-7. (Ord. 24-21, 6-21-2021)
A. Appointment And Duties Of Board Of Adjustment: A Board of Adjustment is hereby established which shall hear and decide: (i) appeals; and (ii) requests for variances to the provisions of Section 16-6-4, 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 Section 16-6-4, 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 Board of Adjustment may authorize upon request in specific cases such variances from the terms of Section 16-6-4 that will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of Section 16-6-4 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 structures than what is ordinarily required by Section 16-6-4, 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 twenty-five dollars ($25.00) for one hundred dollars ($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 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 Section 16-6-4, 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 Section 16-6-4 and may prescribe such conditions as contained in Section 16-6-4-9B.2.
a. Factors Upon Which The Decision Of The Board Of Adjustment Shall Be Based: In passing upon applications for variances, the Board shall consider all relevant factors specified in other sections of Section 16-6-4 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; and
(13) Such other factors which are relevant to the purpose of Section 16-6-4.
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 Section 16-6-4. 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; and
(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 Section 16-6-4.
(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.
(6) Appeals To The Court: Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board. (Ord. 24-21, 6-21-2021)
1. If such use is discontinued for six (6) consecutive months, any future use of the building premises shall conform to Section 16-6-4.
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 fifty percent (50%) of the market value of the structure before the damage occurred, unless it is reconstructed in conformity with the provisions of Section 16-6-4. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, provided that the alteration shall not preclude its continued designation.
B. Except as provided in subsection A.2. of this section, any use which has been permitted as a variance shall be considered a conforming use. (Ord. 24-21, 6-21-2021)
Violations of the provisions of Unified Development Code Section 16-6-4 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 Section 16-6-4 or fails to comply with any of its requirements shall upon conviction thereof be fined not more than five hundred dollars ($500.00) or be imprisoned for not more than thirty (30) days. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Dubuque from taking such other lawful action as is necessary to prevent or remedy the violation. (Ord. 24-21, 6-21-2021)
The regulations and standards set forth in Unified Development Code Section 16-6-4 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. 24-21, 6-21-2021)
A. The OTN is characterized by older building stock and a mix of densely developed commercial and residential structures built on small lots served by alleys. The OTN includes Dubuque's historic downtown core, the Central Avenue and Rhomberg Avenue business corridors, older neighborhood commercial nodes often located on corner lots and a mix of single- and multi-family housing located on separate lots or as upper story apartments.
B. The purpose and intent of the OTN is to conserve the character and integrity of historic building stock in areas of the city where strict application of site design standards for new commercial and multi-family residential development are difficult to apply due to the dense development patterns of these older areas. Often, application of such "suburban style" standards may lead to demolition of existing structures or may limit redevelopment of commercial and multi-family structures or properties in the OTN. (Ord. 52-09, 10-19-2009)
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