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HomeMy WebLinkAboutA012 - proof of publication, January 28, 1980 LEGAL NOTICE LEGAL NOTICE q 6 ORDINANCE NO. 2745 e tions. AN ORDINANCE CREATING FLOODWAY AND FLOODWAY Section Four. Floodway District (FW). FRINGE DISTRICTS; DEFINING THE SAME; SETTING FORTH (1) Permitted Uses. The following uses s TiVE DATE hall be permitted within the REGULATIONS THEREOF; AND ESTABLISHING AN EFFEC- Floodway District to the extent the are not prohibited by any Proof of Publication in The other ordinance or underlying zoning district. regulation, and REM_, they do not require placement of structures mobile BE IT ENACTED, by the City Council for the City of Ames, lowf homes, fill or other obstruction the storage of materials or equip- A M E S DAILY TRIBUNE that: went, excavation, or alteration of'a watercourse: Section One. Statutory Authorization Findings of fact and Purpose (a) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck (1) Statutory Authorization. The legislature of the State of Iowa has, farming, forestry, sod farming, and wild crop harvesting. in Chapter 414 Code of Iowa, delegated the responsibility to cities? (b) Industrial-commercial uses such as loading areas, parking to enact zoning regulations to secure safety from flood and tot areas, airport landing strips. STATE OF IOWA, STORY COUNTY, ss. promote health and the general welfare. (c) (2) ,Findings of Fact. � Private and putilic recreational ,uses such as golf courses, ( tennis courts, driving ranges, archery ranges, picnic grounds, (a) The flood hazard areas of Ames are subject boat launching ramps, swimming areas, parks, wildlife and I a��X� kl13C&CHXB 7 to periodic? nature preserves, game farms, fish hatcheries, shooting �*�•r��;w i '11,9a16, Robert J. inundation which can result in loss of life and property, preserves, target ranges, trap and skeet ranges, hunting health and safety hazards, disruption of commerce and govern and fishing areas, hiking and horseback riding trails. Jacobsen, on Oath depose and say that I am mental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base; all of� � � production foreman Of the AMES which adversely affect the health, safe[ and (d) Residential uses such as lawns, gardens, parking areas and Yr general welfare of the community. These losses, hazards and related adversefl play areas. DAILY TRIBUNE, a daily newspaper, printed at effects are caused by the occupancy of flood hazard areas by uses vulnerable to flood damages which create hazardous'PP$ (e) Such other open space uses similar in nature to the above Ames,Story County,Iowa;that the annexed printed conditions as a result of being inadequately elevated or other-y uses. wise protected from flood, and the cumulative effect of flood plain construction on flood flows, which causes increases inP (2) Conditional Uses. The following uses which involve structures City Of Ames flood heights and flood water velocities. (temporary or permanent), fill, storage of materials or equipment 4 may be permitted only upon issuance of a Conditional Use Permit Ordinance N O• 2745 (b) The followingregulations rely on en by the Zoning Board of Adjustment. Such uses must also meet.the g'u y gingering methodology for— applicable provisions of the Floodway District Performance Stan- analyzing flood hazai~ds which is consistent with the standards— dards. established by the Iowa Natural Resources Council including: 1 (i) Determination flood magnitudes and the corresponding flood frequencieie s by statistical and'engineering calcula- I (a) Uses or structures accessory to open space uses. (b) Circuses, carnivals, and similar transient amusement was published in said newspaper for tions which permits a consideration of such flood factors I enterprises. as expected frequency of occurrence, area inundated and depth of inundation. 1 consecutive weeks,the first . (c) Drive-in theaters, roadside stands, signs, and billboards. (ii) Calculation of water surface profiles based upon a by- 1 and the last Of said publication was On the draulic engineering analysis of the capability of the < (d) Extraction of sand, gravel, and other material. stream channel and overbank areas tq convey flood I (e) Marinas, boat rentals, docks, piers, wharves. 28th day of January flows. { (iii) Computation and delineation of a floodway, an area 1 (f) Utility transmission lines, underground pipelines. 19 80 which must be reserved (no obstructions) for conveyance I (g) Other uses simlar in nature to uses described in.Section Four of flood flows so that flood heights and velocities will not be substantially increased by future encroachment on the (1) or (2) which are consistent with the provisions of Section flood plain. Four (3) and the general spirit and purpose of these regula- (3) Purpose. It is the purpose of this ordinance to promote the pul tions. Sworn to defore me and Zubsgribecl in my presence health, safety, and general welfare by minimizing those fl (3) Performance Standards. All Floodway District uses allowed as a by Robert J. losses described above with provisions designed to: Permitted or Conditional Use shall meet the following standards: lain area for the conveyance of fly Jacobsen. (a) Reserve sufficient flood P Y � (a) No use shall be permitted in the Floodway District that would flows so that flood heights and velocities will not be increa, result in any increase in the 100-year flood level. Considera- 4th February substantially. tion of the effects of any development on flood levels shall be this day of based upon the assumption that an equal degree of develop- 19 $O (b) Restrict or prohibit uses which are dangerous to heal ment would be allowed for similarly situated lands. safety es property in times v flood or which cause excess `� / N increases in flood heights or velocities. (b) All uses within the FloodwayDistrict shall be consistent with G�L G, .+,�tl.�-r-� Notary Public the need to minize flood damage, and employ construction (c) Require that uses vulnerable to floods, including puh_ methods, practices,- materials and utility equipment that in and for Story County. utilities which serve such uses, be protected against fIrW minimize and resist flood damage. damage at the time of initial construction. (c) No use shall affect the capacity or conveyance of the channel 323.44 (d) Protect individuals from buying lands which are unsuited or floodway or any tributary to the main stream, drainage Fees,- ditch, or any other drainage facility or system. intended purposes because of flood hazard: (e) Assure that eligibility is maintained for property owners -(d) Structures, buildings and sanitary and utility systems, if he community to purchase flood insurance through the 1. permitted, shall meet the applicable performance standards of the c Flood Insurance Program. the Floodway Fringe District and shall be constructed or aligifed to present the minimum possible resistance to flood Section Two. General Provisions. flows. (1) Lands to Which Ordinance Applies. This ordinance shall apply (e) Buildings, if permitted, shall have a low flood damage poten- all lands within the jurisdiction of the City of Ames, Iowa, sho tial and shall not be for human habitation. on the Official Flood Plain Zoning Map to be within the 100-yi flood boundaries. (f) Storage of materials or equipment that are buoyant, flammable, explosive or injurious to human, animal or plant life is prohi- bited. storage of other material may be allowed if readily (f) Utility and Sanitary Systems: (2) Establishment of Official Flood Plain Zoning Map. The official flc removable from the Floodway Dsitrict within the time available plain zoning map, together with all explanatory material there. after flood warning. (i) All new and replacement sanitary'sewage systems shall and attached thereto, is hereby adopted by reference and declat - be designed to minimize or eliminate infiltration of flood to be part of this ordinance. The official zoning map bears t (g) Watercourse alterations or relocations (channel changes an.' waters into the system as well as the discharge of efflu- signature of the Mayor attested by the City Clerk, and shall be modifications) must be designed to maintain the flood carrying ent into flood waters. Wastewater treatment facilities file in the office of the City Manager. The flood insurance stu apacity wit1tin the altered or relocated portion. In addition, shall be provided with a level of flood protection equal and flood insurance rate maps for the City of Ames, dated 'y�;h alterations or relocations mu t be approved by the Iowa to or greater than one (1) foot above the 100-year flood are attached to and made part of the official flo elevations. Nate oral Resources Council. plain zoning map. (3) Rules for Interpretation of District Boundaries. The boundaries (h) Any Jut allowed in the floodway must be shown to have some (h) On-site waste disposal systems shall be located or design- ed to avoid impariment to the system or contamination the zoning district shall be determined by scaling distances on tl from the system during flooding, Official Flood Plain Zoning Map. Where interpretation is needed i necessary. to the exact location of the boundaries of the district as shown c (iif) New or replacement water supply systems shall be design the .Official Zoning Map the Chief Building Official shall make th (i) Pipeline river or stream crossings shall be buried in the ad to minimize or eliminate Pinfiltration of flood waters necessary interpretation. The. person contesting the location stream- - into the system. Water supply the district boundary-shall be given a reasonable opportunity bed and banks or otherwise sufficiently protected to prevent be provided with a level of treatment facilities shall present his case and submit technical evidence. rupture due to channel degradation and meandering or due to protection equal to or great- the action oP flood flows. er than one(]) foot above'the 100-year flood elevation. (4) Compliance. No structure or land shall hereafter be used and n ' structure shall be located, extended, converted or structurall (j) No mobile homes shall be permitted except in exist- (iv) Utilities such as gas and electrical systems shall be altered without full compliance with the terms of this ordinance an ing mobile home parks. Tie-down standards of the Floodway located and constructed to minimize or eliminate flood other applicable regulations which apply to uses within the juris& Fringe District must be met in such cases. damage to the system and the risk associated with such flood damaged or impaired systems. Lion of this ordinance. Section Five. Floodway Fringe District (FF) (g) Storage of materials and equipment that are flammable, explo- (5) Abrogatynn and Greater Restrictions. It is not intended by th sive or injurious to human, animal or plant life is prohibited ordinance to repeal, abrogate or impair any existing easements unless elevated a minimum of one covenants, or deed restrictions. However, where this ordinan< (1) Permitted Uses. All uses within the Ploodway Fringe District shall subject foot above the damage year be permitted to the extent that they are not prohbited by any flood level. Other material and equipment must either be imposes greater restrictions, the provisions of this ordinance sha similarly elevated or (i) not be sub 1 prevail. All other ordinances inconsistent with this ordinance ai other ordinance or underlying zoning district regulations, and and be anchored to prevent movement dueo noodowater , or hereby repealed to the extent of the inconsistency only, provided they meet applicable performance standards of.the Flood- (U) be readily p way Fringe District.. able after flood removable from the area within the time avail- (6) Interpretation. In their interpretation and application, the prov -(2) Performance Standards. All uses must be consistent with the need (h) Flood control structural works such protection levees, flood-yea aloha of this ordinance shall be held to be minimum requiremen and shall be liberally construed in favor oP the governing boc to minimize flood damageand: and shall not be deemed a limitation or repeal of any other power etc., shall provide, at a minimum, esignreeboain a and year (a) Structures shall be adequately anchored to prevent flotation, flood with a minimum of 3 feet of design freeboard and shall granted by State statutes. provide for adequate interior drainage. In addition, struc- collapse or lateral movements and constructed with materials, 9 (7) Warning and Disclaimer of Liability. The degree of flood protes methods, practices and utility equipment which minimizes and tural flood control works shall be approved by the Iowa resists flood damage. Natural Resources Council. tion required by this ordinance is considered reasonable for regul tory purposes and is based on engineering and scientific methoc (b) residential buildings. All new or substantially improved (i) No use shall affect the capacity or conveyance ea the channel residential structures shall have the lowest floor, including di floodwayr of of any tributary to the main stream, drainage of study. Larger floods may occur on rare occasions. Flood height basements, elevated a minimum of 1.0 feet above the 100- ear ditch, or other drama a facility or stem. may be increased by man-made or natural causes, such as ice jam flood level. Construction shall be upon compacted fill which g Y Y and bridge openings restricted by debris. This ordinance doe shall, at all points, be no lower than 1.0 feet above the (j) Subdivisions shall be consistent with the need to minimize not imply that areas outside the flood plain rmfdistricts in land use 100-year flood level and extend at such elevation at least 15 flood damages and shall have adequate drainage permitted within such districts will be free from flooding or floo reduce ex q B Provided tc damages. This ordinance shall not create liability on the part c feet beyond the limits of any structure erected thereon. exposure to flood damage. Development associates the Cityof Ames, Iowa, or an officer or employee thereof for an Alternate methods of elevating (such as piers) may be allow- with subdivision proposals shall meet the applicable ypp' esidenperfor- flood damages that result from relin ace on this ordinance or an� ed, subject to favorable consideration by the Board of Adjust- -manse standards. Subdivision proposals intended for.residen- administrative decision lawfully made thereunder. ment and issuance of a Conditional Use Permit, where existing tial development shall provide all lots with a means of vehicu- tinography, street grades, or other factors preclude elevating lar access that will remain dry during occurrence of the (8) Prior approval of the Iowa Natural Resources Council shall be re bl fill. In such cases, the methods used must be adequate 1001-year flood. quired to establish, amend, supplement, change or modify sue to`t:upport the structure as well as withstand the various Section Six. General Flood Plain (Overla ) District (FPi. regulation or to grant any variation or exception therefrom. force: and hazards associated with flooding. - (1) Permitted Uses. The following uses shall be permitted within the Section Three. Establishment of zoning districts. (c) Non-resi�'ential buildings--All new or substantially improved General Flood Plain District to the extent they are not prohibitec non-residential buildings shall have the first floor (including by any other ordinance or underlying zoning regulations anc The flood plain areas within the jurisdiction of these regulations" a basement) elevated a minimum of 1.0 feet above the 100-year provided they do not require placement of structures mobile home• hereby divided into the following districts: (i) Floodway Distri flood level, or together with attendant utility and sanitary (FW), (ii) Floodway Fringe District (FF), and (iii) General Flood Pis systems, be floodproofed to such a level. When floodproofing District (FP). The boundaries are shown on the Official Flood PIE is utilized a professional engineer registered in the State of Zoning Map. Within these districts all uses not allowed as Permitt, Iowa shall certify that the floodproofing methods used are Uses or authorized as Conditional Uses are prohibited, unless an excel adequate to withstand the flood depths, pressures, velocities,, tion is .granted after due consideration by the Zoning Board of Adjus impact and uplift forces and other factors associated with the ment of the City of Ames, Iowa. These zoning districts and regulatioi 100-year flood level, is watertight with walls substantially shall be an overlay and addition to the basic zoning district and reguls _ impermeable to the passage of water. A record of the certifi- cation indicating the Specific elevation (in relation to mean sea level) to which any structures are floodproofed shall be maintained by the Chief Building Official. (d) Mobile homes which are placed in an existing mobile home park shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements are that: G) over-the-top ties be provided at each of the four corners of the mobile home with two (2) additional ties per side at intermediat.:, locations for mobile homes 50 ft. or more in length of one(]) such tie for mobile homes less than 50 ft. or more in length; (ii) frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points for mobile homes 50 feet or more in length or four (4) such ties for homes less than 50 feet in length; OR) all components of the anchoring system be capable of carrying a force of 4800 pounds; and (iv) any additions to the mobile home be similar- ly anchored. (e) New mobile home parks, expansions to existing mobile home parks, and mobile home parks where the repair, reconstruc- tion or improvement of the streets, utilities, and pads equals or exceeds 50% or more of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced shall provide: (i) lots or pads that have been elevated by means of compacted fill so that the lowest floor of mobile homes will be a minimum of 1.0 feet above the 100-year flood level; (ii) adequate surface drainage; (iii) access for a hauler; and (iv) ground anchors for mobile homes. fill or other obstruction; the storage of materials or equipment; (iii) In cases where the exception involves a lower level of excavation; or alteration of a watercourse. flood protection for buildings than what is ordinarily (a) Agricultural uses such as general farming, pasture, grazing, requirediby tthese regulations, the applicant shall be Section Nine. Penalties for Violation. outdoor plant nurseries, horticulture, viticulture, truck n 'rtg over the signature of the Administra- tor that the issuance of an exception will result in farming, forestry, sod farming, and wild crop harvesting. increased premium rates for flood insurance u to amounts Violations of these regulations or failure to comply with any of the as high as $25 for $100 of insurance coverage, and that requirements (including violations of conditions and safeguards establish- (b) areaIndus, airport landing uses such as loading areas, parking such construction increases risks to life and property. ed in connection with grants of Conditional Uses or Exceptions) shall areas, airport landing strips. constitute a misdemeanor. An (iv) All exceptions fails to comp with any of its requirementserson who iosalrt ,this ordinance or (c) Private and public recreation uses such as golf courses,\ P granted shall have the concurrence or t�e upon conviction tennis courts, driving ranges, archery ranges, picnic groundsA approval of.the.Iowa Natural Resources Council, thereof, be f' d not more than $100 or imprisoned for not more than 30 days. Each day"such violation continues shall be considered a separate boat launching ramps, swimming areas, parks, wildlife and - (4) Hearings and Decisions of the Zoning Board of Adjustment. taking such other ]awful action as is necessary to prevent or remedy offense. Nothing herein contained shall prevent the City of Ames from nature preserves, game farms, fish hatcheries, shooting _ preserves, target ranges, trap and skeet ranges, hunting (a) Hearings. Upon the film with the Board of Adjustment of any violation. and fishing areas, hiking and horseback riding trails. g an appeal, an application for a Conditiona Use Permit or a (d) Residential uses such as lawns, gardens, parking areas, and request for an exception, the Board shall hold a public hear- Section Ten. Definitions. - ]a areas. nd The Board shall fix a reasonable time for the hearing Unless specifically defined below, words or phrases used in this or- in y give public notice thereof, as well as due notice to parties P ;2) Conditional Uses. Any use which involves placement of structures, in interest. At the hearing, any party may appear in person dnance shall be interpreted so as to give them the meaning they have mobile homes, fill or other obstructions; the storage of materials or or by agent or attorney and present written or oral evidence, m common usage and to give this ordinance its most reasonable applica- equipment; excavation; or alteration of a watercourse may be The Board may require the appellant or applicant to provide lion. such information as is reasonably deemed necessaryand ma (1)' Development - An man-made change to improved or unrm e allowed only upon issuance of a Conditional Use Permit by the request the technical assistance and/or evaluation of a ➢ P y g P p emue- Board of Adjustment. All such uses shall be reviewed by the Iowa including real estate, including but not limited to buildings or other struox Natural Resources Council to determine whether the land,involved the I engineer or other expert person or agency, including Lures, minim dredging,-fillip the Iowa Natural Resources Council. g, g g, g, grading, paving, excavation or is either wholly or partly within the floodway or floodway fringe drilling operations. - and the 100-year flood level. The applicant shall be responsible (b) Decisions. The Board shall arrive at a decision on an appeal, for providing the Resources Council with sufficient technical infor- PP al, Conditional Use or exception within a reasonable time. Ir. (2) Flood - A general and temporary condition of partial or complete passing upon an appeal, the Board may, so long as such inundation of normally dry land areas resulting from the overflow oration to make the determination. action is in conformity with the provisions of these regale- of streams or rivers or from the unusual and rapid runoff of lions, reverse or affirm, wholly or in part, or modify the surface waters from any source. (3) Performance Standards. order, requirement, decision, or determination a - , and it shall make its decision, in writing, setting forthr m, P (a) All conditional uses, or portions [hereof, to be located in the findings g (3) Flood elevation - The elevation floodwaters would reach at a arti- floodway as determined by the Iowa Natural Resources Council gs of fact and the reasons for its decision. In granting cular site during the occurrence of a specific flood. For instance, shall meet the applicable provisions and standards of the a Conditional Use or Exception the Board shall abide by the the 100 year flood elevation is that elevation of floodwaters related standards contained in this section and all other relevant to the occurrence of the 100-year flood. Floodway District sections of these regulations and may prescribe special condi- (b) All conditional uses, or portions thereof, to be located in the [iogns ses or (4) Flood Insurance. Rate Map - The official map prepared as delineates both the flood hazard areas and the risk premiurpart of floodway fringe as determined by the Iowa Natural Resources re uests for exceptions, the Board shall consider all relevant (but published separately from ) the Flood Insurance Study which Council shall meet the applicable standards of the Floodway factors specified in other sections of these regulations and lr zones Fringe District find from the evidence presented to it that: applicable to the community. Section Seven. Administration Permits Exceptions. (i) There will be no increased danger to life and property (5) Flood Insurance Study - A study initiated, funded, and published (1) The City Manager shall administer and enforce this ordinance and due tohincreased flood heights or velocities caused by by the Federal Insurance Administration for the purpose of evalua- Ling in detail the existence and severity of flood hazards; provi- will herein be referred 'to as the Administrator. The duties and ding the city with the necessary information for adopting a flood responsibilities of the Administrator shall include, but not neces (ii) There will be no increase in the danger that materials plain management program; and establishing actuarial flood insurance sarily be limited to, the following:. y be swept on to other lands or downstream to the rates. (a) Review all flood plain development permit applications to injury of others. - insure that the provisions of this ordinance will be satisfied. (6) Flood Plain -- Any land area susceptible to being inundated by (iii) That the proposed water supply and sanitation systems water as a result of a flood. p p permit applications to and the ability of these systems to prevent disease, (b) Review all flood lain development contamination and unsanitar conditions. O g insure that all necessary permits have been obtained from y 7 Flood Plain Management - An overall program of corrective and Federal, state or local gov rnmental agencies. preventive measures for reducing flood damages and promoting the 1' (iv) That the proposed facility, and its contents are relative- wise use of flood plains, including but not limited to emergency (c) Record, and maintain a record of (i) the elevation (in relation ly unsusceptible to flood damage. preparedness plans, flood control works, floodproofing and flood to mean sea level) of the lowest habitable floor of all new or plain management regulations. substantially improved buildings or (ii) the elevation to which new or substantially improved structures have been flood- (8) Floodproofing - Any combination of structural or non-structural proofed. -- ,.+ additions, changes, or adjustments to structures, including utility (v) That the proposed facility has importance to the Communi- and sanitary facilities which will reduce or eliminate flood damage (d) Notify adjacent communities and/or counties and the Iowa ty. to such structures. Natural Resources Council prior to any proposed alteration or relocation of a watercourse and submit evidence of such noti- (vi) That consideration has been given to the requirements (9) Floodway - The channel of a river or stream and those portions of fications to the Federal Insurance Administrator. of the facility Yor a flood plain location and the availabi- the flood plains adjoining the channel, which are reasonably requir- lity of alternative locations not subject to flooding. ed .o car and discharge flood waters or flood flows so that (e) Keep a record of all permits, appeals, variances and such con finement�f, flood flows to the floodway area will not result in other transactions and correspondence pertaining to the (vii)That the proposed will be compatible with, existing substantially higher flood levels and flow velocities. administration of this ordinance. development and development anticipated in the foresee- able future. (10) Floodway Fringe - Those portions of the flood plain, other than (f) Submit to the Federal Insurance Administrator an annual the floodw y, which can be filled, leveed, or otherwise obstructed report concerning the community's participation, utilizing the (viii) That the proposed is in accordance with the city Compre- without causing substantially higher flood levels or flow velocities. annual report form supplied by the Federal Insurance Adminis- tration. hensive plan and flood plain management program for the area. (11) Mobile Home - A building, transportable in one or more sections, • which is built on a permanent chassis and designed to be used (g) Notify the Federal Insurance Administration of any annexa- (ix) That there will be safe access to the property in times with or without a permanent foundation when connected to the tions or modifications to the community's boundaries. - of flood for ordinary and emergency vehicles. required "ties. It does not include recreational vehicles or travel trailers. (h) Review subdivision proposals to insure such proposals are (x) That consideration has been given to the expected (12) Mobile Rom Park - A parcel or contiguous parcels of land divided consistent with the purpose of this ordinance and advise the heights, velocity, duration, rate of rise and sediment into two or more mobile home lots for rent or sale. City Council of potential conflicts. transport of the flood water expected at the site and I other factors which are relevant to the purpose of this (13) New Construction (new buildings, new mobile home parks) - Those (2) Permit Required. For the areas governed by the. regulations, a ordinance. structures or development for which the start of construction Flood Plain Development Permit issued b the Administrator shall commenced on or after the effective date of this ordinance. P Y (c) Conditions attached to conditional uses or exceptions. Upon be secured prior to initiation of any flood plain development (any consideration of the factors listed above, the Board may `man-made change to improved or unimproved real estate, including 'attach such conditions to the granting of Conditional Uses or 14) One hundred year (100) flood - e fl equalled a magnitude of which but not limited to buildings or other structures, minim fillip has a one (I)percent chance of being equalled u exceeded a any g B, g, Exceptions as it deems necessary to further the purpose of given year or which, on the average, will be equalled or exceeded grading, paving, excavation or drilling operations) including the these regulations. Such conditions may include, but are not at ]east once every one hundred (100) years. placement of mobile homes. limited to: � (a) Application for a Flood Plain Development Permit shall be made (i) Modification of waste disposal 5) Structure - Anything constructed or erected on the ground or on forms supplied by the Administrator and shell include the _ posal and water supply facilities. attached to the ground, including, but not limited to, buildings, following information: - factories, sheds, mobile homes. • (ii) Limitation on period of use and operation. Substantial improvement - Any repair, reconstruction (i) Description of the work to be covered by the permit for (iii) Imposition of operational controls, sureties, and deed ) , or improve- which application is to be made. restrictions. men[ of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (a) before the (ii) Description of the land on which the proposed work is to improvement or repair is started, or (b) if the structure has been (iv) Requirements for construction of channel modification, damaged, and is being restored, before the damage occurred. For be done (i.e., lot, block,' tract, street address, or dikes, levees, and other protective measures,similar description) that will, readily identify and locate such area P provided the purposes of this definition, "substantial improvement" is con- the work to be done.' approved by the Iowa Natural Resources Council sidered to occur when the first alteration of an wall, ceiling, (iii) Indication of the use or occupancy for which the propos- and are deemed the only practical alternative to achieving floor or other structural y g, the purpose of this ordinance. part of the building commences, whether ed work is intended. or not that alteration affects the external dimensions of the struc- ture. The term does not, however, include any project for im- (v) -Floodproofing measures consistent with the flood protec- provement of a structure to comply with existing state or local (iv) Elevation of the 100-year flood. tion elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic health, sanitary, or safety. code specifications whch are solely (v) Elevation (in relation to mean sea ]gavel) of the lowest Y ydrodynamic necessary to assure safe living conditions. habitable floor relation (including basement) v buildings t s or of forces, and other factors associated with the regulatory g flood. The Board of Adjustment shall require that the the level to which a building is to be floodproofed. 4 Section Eleven. Severabiis If any section, clause, provision or applicat submit a plan or document certified by a regis- portion of this ordinance is adjudged unconstitutional or invalid by a (vi) For buildings being improved or rebuilt, the estimated tered Professional engineer that the floodproofing mea- court of law of competent jurisdiction, the remainder of this ordinance cost of buildings and market value , the building sures are consistent with the regulatory flood protection shall not be affected thereby. prior to the improvements. g elevation and associated flood factors for the particular area. Such floodproofing measures may include, but are Section Twelve. Effective Date. This ordinance shall be in full force (vii)Such other information as the Administrator deems reason- not necessarily limited to the following: and effect from id after its and passage publication as required by ably necessary for the purpose of this ordinance. a. Anchorage to resist flotation and lateral movement. law. b. Installation of watertight doors, bulkheads, and Passed this 22nd day of(b) The Administrator shall, within a reasonable time, make a shutters, or simlar methods of construction. January 1980. determination as to whether the proposed flood plain develop- c. Reinforcement of walls to resist water r ment meets the applicable provisions and standards of this d. Use of paints, membranes, or mortars to reduce ordinance and shall approve or disapprove the application. seepage of water through walls. /s/ F. Paul Goodland For disapprovals, the applicant shall be informed, in writing, e. Addition of mass or weight to structures to resist Attest: Pau] of the specific reasons therefore. The Administrator shall not Goodland, Mayor flotation. issue permits for Conditional Uses, variances and exceptions unless directed by the Board of Adjustment in a specific f. Installation of pumps to lower water levels in structures. /s/ Gina Bicknese Published in The Ames Daily case. g. Construction of water supply and waste treatment Gma Brcknese, ity Clerk Tribune, January 28, 1980. (c) Construction and Use to be as Provided in Application and systems so as to prevent the entrance of flood Plans. Flood Plain Development Permits issued on the basis of waters. approved plans and applications authorize only the use, and h. facePumping'drainage facilities or comparable practices for xterna- arrangement, and construction set forth in such approved face drainage systems for building to relieve external plans and applications and no other use, arrangement or foundation wall and basement flood pressures. construction. Any use, arrangement or construction at i. Construction to resist rupture or collapse caused variance with that authorized shall be deemed a violation of by water pressure or floating debris. these regulations. The applicant shall be required to submit j• Installation of valves or controls on sanitary -and certification by a professional engineer or land surveyor, as storm drains which will permit the drains to be appropriate, registered in the State of Iowa, that the finished closed to prevent backup of sewage and stormwaters fill, building floor elevations, floodproofing, or other flood into the buildings or structures. protection measures were accomplished in compliance with the k. Location of all electrical equipment, circuits and provisions of this ordinance, prior to the use or occupancy of installed electrical appliances in a manner which will any structure. assure they are not subject to flooding. (3) Conditional Uses, Appeals, and Exceptions. Section Eight. Nonconforming Uses. (a) Conditional Uses. Requests for Conditional Uses shall be A structure or the use of a structure of land which was lawful before submitted to the Administrator, who shall forward such to the the passage or amendment of these regulations but which is not in Board of Adjustment of the City of Ames, Iowa for considera- conformity with the provisions of these regulations may be continued tion. Such requests shall include information ordinarily subject to the following,conditions: submitted with applications as well as any additional informs- .tion required pursuant to rules of the Board of Adjustment. (1) No such use shall be expanded, changed, enlarged, or altered in a (b) Appeals. Where it is alleged there is any error in any order, way which increases its nonconformity. requirement, decision, or determination made by an adminis- trative official in the enforcement or administration of these (2) No structural alteration, addition, or repair to any nonconforming regulations, the aggrieved party may appeal such action. structure over the life of the structure shall exceed 50 percent of The notice of appeal shall be filed with the Zoning Board of its value 9t the time of its becoming a nonconforming use, unless Adjustment and with the official from whom the appeal is the structure is permanently changed to a conforming use. taken and shall set forth the specific reason for the appeal. (3) If such use is discontinued for twelve 12 The official from whom the appeal is taken shall transmit to ( ) consecutive months, the Board of Adjustment all the papers constituting the re- any future use of the building premises shall conform to this cord upon which the action appealed from was taken. ordinance. (c) Exceptions. The Board of Adjustment may authorize upon (4) If any nonconforming use or structure is destroyed by any means, request in specific. cases such exceptions from the terms of including floods, to an extent of 50 percent or more of its value this ordinance as will not be contrary to the public'Interest, prior to destruction, it shall not be reconstructed except in confor- where-owing to special conditions a strict enforcement of the rn?ty with the provisions of this ordinance. provisions of this ordinance will result in practical difficulties (5) Uses or adjuncts thereof which are or become nuisances shall not not necessary to achieving the policy and purpose of these be entitled to continue as nonconforming uses. regulations. Exceptions granted must meet the following standards. (6) Eicept as provided in (5) above, any use which has been permit- (i) No exception shall be granted for any development ted as a Conditional Use or Exception shall be considered a con- within the Floodway District which would result in any forming use for purposes of this section. increase in floods during the-,occurrence of the 100-year flood. (ii) Exceptions shall only be granted upon a determination that the exception is the minimum necessary, considering the flood hazard, to afford relief.