Chapter 18.15
ESTABLISHMENT OF DISTRICTS AND DISTRICT BOUNDARIES Revised 8/24
Sections:
18.15.010 Establishment of districts.
18.15.020 District boundaries and official zoning maps.
18.15.030 Interpretation of district boundaries.
18.15.040 “E-S” environmentally sensitive overlay district maps. Revised 8/24
18.15.050 Interpretation of environmentally sensitive overlay district boundaries.
18.15.060 Statutory authority, findings of fact and purpose. Revised 8/24
18.15.010 Establishment of districts.
In order to classify, regulate, and restrict the location of trades and industries, and the location of buildings designed for specified uses, to regulate and limit the height and bulk of buildings hereafter erected or altered, to regulate and limit the intensity of the use of lot areas and to regulate and determine the area of yards, courts, and other open spaces within and surrounding such buildings, the unincorporated area of Black Hawk County, Iowa, is hereby divided into seven classes of districts. The use, height, and area regulations are uniform in each class of district, and said districts shall be known as:
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“A” |
Agricultural District |
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“A-L” |
Agricultural-Limited District |
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“A-R” |
Agricultural-Residential District |
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“R-S” |
Residential-Suburban District |
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“R-M” |
Residential-Multiple District |
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“C” |
Commercial District |
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“C-M” |
Commercial and Manufacturing District |
In addition to the above listed districts, the designated environmentally sensitive areas within the unincorporated areas of Black Hawk County, Iowa, are hereby classified into an overlay district known as the:
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“E-S” |
Environmentally Sensitive Overlay District |
[Ord. 36 § 6(A), 1995. Code 2009 App. A, § 6(A).]
18.15.020 District boundaries and official zoning maps.
With the exception of the environmentally sensitive overlay district, the boundaries of these districts are indicated upon the official zoning maps of Black Hawk County, Iowa, which maps are made a part of this chapter by reference. The said official zoning maps of Black Hawk County, Iowa, and all the notations, references and other matters shown thereon shall be as much a part of this chapter as if the notations, references, and other matters set forth by said maps were all fully described herein. The said official zoning maps shall be on file in the office of the Zoning Administrator of Black Hawk County, Iowa, and shall bear the signature of the Chairman of the Board of Supervisors attested by the County Auditor, under the certification that these are the official zoning maps referred to in this chapter. The official zoning maps shall show all amendments or changes and shall indicate the date of each amendment or change. It shall be the responsibility of the Zoning Administrator to see that the zoning maps are kept current at all times. [Ord. 36 § 6(B), 1995. Code 2009 App. A, § 6(B).]
18.15.030 Interpretation of district boundaries.
Where uncertainty exists with respect to the boundaries of the various districts, except for the environmentally sensitive overlay district, as shown on the official zoning maps accompanying and made a part of this chapter, the following rules apply:
A. The district boundaries are either street line or alley lines unless otherwise shown, and where the districts designated on the maps accompanying and made a part of this chapter are bounded approximately by street lines or alley lines, the street lines or alley lines shall be construed to be the boundary of the district, street and alley right-of-way not included in zoned areas.
B. Where boundaries are indicated so they approximately follow lot lines and are not more than 20 feet distance therefrom, such lot lines shall be interpreted to be the boundary of the district.
C. Boundaries indicated as approximately following section lines, quarter section lines, or quarter-quarter section lines shall be construed as following such lines.
D. Boundaries indicated as approximately following corporate limits shall be construed as following corporate limits.
E. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
F. Boundaries indicated as approximately following the center lines of rivers, streams, creeks or other waterways shall be construed to follow such center lines.
G. Where no other indication of the district boundary is made and no dimensions are shown, the location of the boundary shall be determined by the use of the scale appearing on the maps.
H. Publication of the legal description of the property or properties zoned or rezoned shall constitute an official amendment to the official zoning map; and, as such, said maps or portions of said maps need not be published. [Ord. 36 § 6(C), 1995. Code 2009 App. A, § 6(C).]
18.15.040 “E-S” environmentally sensitive overlay district maps. Revised 8/24
A. The boundaries of the “E-S” environmentally sensitive overlay district shall be the same as shown on the flood insurance rate map (FIRM) for Black Hawk County and Incorporated Areas, dated May 8, 2024, which were prepared as part of the flood insurance study for Black Hawk County, which boundaries are hereby adopted by reference and declared to be the official floodplain zoning map. The flood profiles and all explanatory material contained within the flood insurance study are also declared to be a part of this title. Subsequent amendments and supplements to the flood insurance study shall be adopted automatically.
B. The environmentally sensitive (overlay) districts shall include the corresponding designated areas:
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. Shallow Flooding (Overlay) District (SF). Those areas identified as Zone AO or AH on the official floodplain zoning map; and
4. General Floodplain (Overlay) District (GF). Those areas identified as Zone A on the official floodplain zoning map.
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 title is granted after due consideration by the Board of Adjustment. The official floodplain zoning maps are available for review in the office of the Black Hawk County Zoning Administrator. [Ord. 147, 2024; Ord. 112, 2011; Ord. 36 § 6(D), 1995. Code 2009 App. A, § 6(D).]
18.15.050 Interpretation of environmentally sensitive overlay district boundaries.
The boundaries of the areas of the environmentally sensitive overlay district shall be determined by scaling distances on the flood insurance study maps and the soil survey. Where interpretation is needed to determine the exact location of the boundaries of the districts as shown on the maps, the Zoning Administrator shall make the necessary interpretation according to the technical report. As for example, where there appears to be a conflict between a mapped boundary and actual field conditions, the Zoning Administrator shall advise the applicant of their possible options or alternatives. [Ord. 36 § 6(E), 1995. Code 2009 App. A, § 6(E).]
18.15.060 Statutory authority, findings of fact and purpose. Revised 8/24
A. The Legislature of the State of Iowa has in Iowa Code Chapter 335, as amended, delegated the power to counties 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 Black Hawk County 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: (a) the occupancy of flood hazard areas by uses vulnerable to flood damages which create hazardous conditions as a result of being inadequately elevated or otherwise protected from flooding and (b) the cumulative effect of obstructions on the floodplain causing increases in flood heights and velocities.
3. This title relies upon engineering methodology for analyzing flood hazards which is consistent with the standards established by the Department of Natural Resources.
C. Statement of Purpose. It is the purpose of this title to protect and preserve the rights, privileges and property of Black Hawk County 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 this title 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. 147, 2024; Ord. 36 § 6(F), 1995.]