Loading...
HomeMy WebLinkAbout~Master - Regulating Floodway and Floodway Fringe Districts r Ly ✓� 05119 r v ' ,��- F 47.00 Ar ORDINANCE NO. 2745 �100�� AN ORDINANCE CREATING FLOODWAY AND FLOODWAY FRINGE DISTRICTS; DEFINING THE SAME; SETTING FORTH REGULATIONS THEREOF; AND ESTABLISHING AN EFFEC- TIVE DATE BE IT ENACTED, by the City Council for the City of Ames, Iowa that: Section One. Statutory Authorization, Findings of fact, and Purpose (1) Statutory Authorization. The legislature of the State of Iowa has, in Chapter 414 Code of Iowa, delegated the responsibility to cities to enact zoning regulations to secure safety from flood and to promote health and the general welfare. (2) Findings of Fact. (a) The flood hazard areas of Ames are subject to periodic inundation which can result in loss of life and property, health and safety hazards, disruption of commerce and govern- mental services, extraordinary public expenditures for flood 05119 protection and relief, and impairment of the tax base; all of INST.NO. which adversely affect the health, safety, and general welfare STORY CO'.JNTY, IQ WA ,of the community. These losses, hazards and related adverse E '. FIL M Fri� effects are caused by the occupancy of flood hazard areas by A.M. FEB - 4198b uses vulnerable to flood damages which create hazardous conditions as a result of being inadequately elevated or other- SUSAN L.PM P wise protected from flood, and the cumulative effect of flood sy —Do* plain construction on flood flows, which causes increases in flood heights and flood water velocities. (b) The following regulations rely on engineering methodology for analyzing flood hazards which is consistent with the standards established by the Iowa Natural Resources Council including: (i) Determination of flood magnitudes and the corresponding flood frequencies by statistical and engineering calcula- tions which permits a consideration of such flood factors as expected frequency of occurrence, area inundated and depth of inundation. (ii) Calculation of water surface profiles based upon a hy- draulic engineering analysis of the capability of the stream channel and overbank areas to convey flood flows. (iii) Computation and delineation of a floodway, an area which must be reserved (no obstructions) for conveyance of flood flows so that flood heights and velocities will not be substantially increased by future encroachment on the flood plain. BOOK 1___0_ PAGE (3) Purpose. It is the purpose of this ordinance to promote the public health, safety, and general welfare by minimizing those flood losses described above with provisions designed to: (a) Reserve sufficient flood plain area for the conveyance of flood flows so that flood heights and velocities will not be increased substantially. (b) 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. (c) Require that uses vulnerable to floods, including public utilities which serve such uses, be protected against flood damage at the time of initial construction. (d) Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard. (e) Assure that eligibility is maintained for property owners in the community to purchase flood insurance through the Na- tional Flood Insurance Program. Section Two. General Provisions. (1) Lands to Which Ordinance Applies. This ordinance shall apply to all lands within the jurisdiction of the City of Ames, Iowa, shown on the Official Flood Plain Zoning Map to be within the 100-year flood boundaries. (2) Establishment of Official Flood Plain Zoning Map. The official flood plain zoning map, together with all explanatory material thereon and attached thereto, is hereby adopted by reference and declared to be part of this ordinance. The official zoning map bears the signature of the Mayor attested by the City Clerk, and shall be on file in the office of the City Manager. The flood insurance study and flood insurance rate maps for the City of Ames, dated are attached to and made part of the official flood plain zoning map. (3) Rules for Interpretation of District Boundaries. The boundaries of the zoning district shall be determined by scaling distances on the Official Flood Plain Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map the Chief Building Official shall make the necessary interpretation. The person contesting the location of the district boundary shall be given a reasonable opportunity to present his case and submit technical evidence. (4) 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 ordinance and other applicable regulations which apply to uses within the jurisdic- tion of this ordinance. 2 BOOK _1 0 PAGE. (5) Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. (6) Interpretation. In their interpretation and application, the provi- sions of this ordinance 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. (7) Warning and Disclaimer of Liability. The degree of flood protec- tion required by this ordinance is considered reasonable for regula- tory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This ordinance does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Ames, Iowa, or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. (8) Prior approval of the Iowa Natural Resources Council shall be re- quired to establish, amend, supplement, change or modify such regulation or to grant any variation or exception therefrom. Section Three. Establishment of zoning districts. The flood plain areas within the jurisdiction of these regulations are hereby divided into the following districts: (i) Floodway District (FW), (ii) Floodway Fringe District (FF), and (iii) General Flood Plain District (FP). The boundaries are shown on the Official Flood Plain Zoning Map. Within these districts all uses not allowed as Permitted Uses or authorized as Conditional Uses are prohibited, unless an excep- tion is granted after due consideration by the Zoning Board of Adjust- ment of the City of Ames, Iowa. These zoning districts and regulations shall be an overlay and addition to the basic zoning district and regula- tions. Section Four. Floodway District (FW). (1) Permitted Uses. The following uses shall be permitted within the Floodway District to the extent they are not prohibited by any other ordinance or underlying zoning district regulation, and provided they do not require placement of structures, mobile homes, fill or other obstruction, the storage of materials or equip- ment, excavation, or alteration of'a watercourse: (a) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting. 3 BOOKLLQ-PAGrE (b) Industrial-commercial uses such as loading areas, parking areas, airport landing strips. (c) Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails. (d) Residential uses such as lawns, gardens, parking areas and play areas. (e) Such other open space uses similar in nature to the above uses. (2) Conditional Uses. The following uses which involve structures (temporary or permanent), fill, storage of materials or equipment may be permitted only upon issuance of a Conditional Use Permit by the Zoning Board of Adjustment. Such uses must also meet the applicable provisions of the Floodway District Performance Stan- dards. (a) Uses or structures accessory to open space uses. (b) Circuses, carnivals, and similar transient amusement enterprises. (c) Drive-in theaters, roadside stands, signs, and billboards. (d) Extraction of sand, gravel, and other material. (e) Marinas, boat rentals, docks, piers, wharves. (f) Utility transmission lines, underground pipelines. (g) Other uses simlar in nature to uses described in Section Four (1) or (2) which are consistent with the provisions of Section Four (3) and the general spirit and purpose of these regula- tions. (3) Performance Standards. All Floodway District uses allowed as a Permitted or Conditional Use shall meet the following standards: (a) No use shall be permitted in the Floodway District that would result in any increase in the 100-year flood level. Considera- tion of the effects of any development on flood levels shall be based upon the assumption that an equal degree of develop- ment would be allowed for similarly situated lands. (b) All uses within the Floodway District shall be consistent with the need to minize flood damage, and employ construction methods, practices, materials and utility equipment that minimize and resist flood damage. 4 SOW Lam- PAGE.. ' f (c) No use shall affect the capacity or conveyance of the channel or floodway or any tributary to the main stream, drainage ditch, or any other drainage facility or system. (d) Structures, buildings and sanitary and utility systems, if permitted, shall meet the applicable performance standards of the Floodway Fringe District and shall be constructed or aligned to present the minimum possible resistance to flood flows. (e) Buildings, if permitted, shall have a low flood damage poten- tial and shall not be for human habitation. (f) Storage of materials or equipment that are buoyant, flammable, explosive or injurious to human, animal or plant life is prohi- bited. Storage of other material may be allowed if readily removable from the Floodway Dsitrict within the time available after flood warning. (g) Watercourse alterations or relocations (channel changes and modifications) must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved by the Iowa Natural Resources Council. (h) Any fill allowed in the floodway must be shown to have some beneficial purpose and shall be limited to the minimum amount necessary. (i) Pipeline river or stream crossings shall be buried in the stream- bed and banks or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering or due to the action of flood flows. (j) No mobile homes shall be permitted except in exist- ing mobile home parks. Tie-down standards of the Floodway Fringe District must be met in such cases. Section Five. Floodway Fringe District (FF) (1) Permitted Uses. All uses within the Floodway Fringe District shall be permitted to the extent that they are not prohbited by any other ordinance or underlying zoning district regulations, and provided they meet applicable performance standards of the Flood- way Fringe District. (2) Performance Standards. All uses must be consistent with the need to minimize flood damage and: (a) Structures shall be adequately anchored to prevent• flotation, collapse or lateral movements and constructed with materials, methods, practices and utility equipment which minimizes and resists flood damage. 5 BOOK 60 q�E 1109 AM (b) Residential buildings. All new or substantially improved residential structures shall have the lowest floor, including basements, elevated a minimum of 1 .0 feet above the 100-year flood level. Construction shall be upon compacted fill which shall, at all points, be no lower than 1.0 feet above the 100-year flood level and extend at such elevation at least 15 feet beyond the limits of any structure erected thereon. Alternate methods of elevating (such as piers) may be allow- ed, subject to favorable consideration by the Board of Adjust- ment and issuance of a Conditional Use Permit, where existing topography, street grades, or other factors preclude elevating by fill. In such cases, the methods used must be adequate to support the structure as well as withstand the various forces and hazards associated with flooding. (c) Non-residential buildings--All new or substantially improved non-residential buildings shall have the first floor (including basement) elevated a minimum of 1.0 feet above the 100-year flood level, 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 100-year flood level, is watertight with walls substantially 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: (i) over-the-top ties be provided at each of the four corners of the mobile home with two (2) additional ties per side at intermediate locations for mobile homes 50 ft. or more in length of one(1) 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; (iii) 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 0 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. 6 9K . UaQL PAGE Im (f) Utility and Sanitary Systems: (i) 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 efflu- ent into flood waters. Wastewater treatment facilities shall be provided with a level of flood protection equal to or greater than one (1) foot above the 100-year flood elevations. (ii) On-site waste disposal systems shall be located or design- ed to avoid impariment to the system or contamination from the system during flooding. (iii) New or replacement water supply systems shall be design- ed to minimize or eliminate infiltration of flood waters into the system. Water supply treatment facilities shall be provided with a level of protection equal to or great- er than one(1) foot above the 100-year flood elevation. (iv) Utilities such as gas and 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. (g) Storage of materials and equipment that are flammable, explo- sive or injurious to human, animal or plant life is prohibited unless elevated a minimum of one (1) foot above the 100-year flood level. 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 avail- able after flood warning. (h) Flood control structural works such as levees, floodwalls, etc. , shall provide, at a minimum, protection from a 100-year flood with a minimum of 3 feet of design freeboard and shall provide for adequate interior drainage. In addition, struc- tural flood control works shall be approved by the Iowa Natural Resources Council. (i) No use shall affect the capacity or conveyance of the channel or floodway of any tributary to the main stream, drainage ditch, or other drainage facility or system. (j) 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 shall meet the applicable perfor- mance standards. Subdivision proposals intended for residen- tial development shall provide all lots with a means of vehicu- lar access that will remain dry during occurrence of the 100-year flood. 7 MOK ?Aa Section Six. General Flood Plain (Overlay) District (FP) . (1) Permitted Uses. The following uses shall be permitted within the General Flood Plain District to the extent they are not prohibited by any other ordinance or underlying zoning regulations and provided they do not require placement of structures, mobile homes, fill or other obstruction; the storage of materials or equipment; excavation; or alteration of a watercourse. (a) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting. (b) Industrial-commercial uses such as loading areas, parking areas, airport landing strips. (c) Private and public recreation uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails. (d) Residential uses such as lawns, gardens, parking areas, and play areas. (2) Conditional Uses. Any use which involves placement of structures, mobile homes, fill or other obstructions; the storage of materials or equipment; excavation; or alteration of a watercourse may be allowed only upon issuance of a Conditional Use Permit by the Board of Adjustment. All such uses shall be reviewed by the Iowa Natural Resources Council to determine whether the land involved is either wholly or partly within the floodway or floodway fringe and the 100-year flood level. The applicant shall be responsible for providing the Resources Council with sufficient technical infor- mation to make the determination. (3) Performance Standards. (a) All conditional uses, or portions thereof, to be located in the floodway as determined by the Iowa Natural Resources Council shall meet the applicable provisions and standards of the Floodway District (b) All conditional uses, or portions thereof, to be located in the floodway fringe as determined by the Iowa Natural Resources Council shall meet the applicable standards of the Floodway Fringe District Section Seven. Administration, Permits, Exceptions. (1) The City Manager shall administer and enforce this ordinance and will herein be referred to as the Administrator. The duties and responsibilities of the Administrator shall include, but not neces- sarily be limited to, the following: 8 r2AOK.���� ' 1 ♦ S (a) Review all flood plain development permit applications to insure that the provisions of this ordinance will be satisfied. (b) Review all flood plain development permit applications to insure that all necessary permits have been obtained from Federal, state or local governmental agencies. (c) Record and maintain a record of (i) the elevation (in relation to mean sea level) of the lowest habitable floor of all new or substantially improved buildings or (ii) the elevation to which new or substantially improved structures have been flood- proofed. (d) Notify adjacent communities and/or counties and the Iowa Natural Resources Council prior to any proposed alteration or relocation of a watercourse and submit evidence of such noti- fications to the Federal Insurance Administrator. (e) Keep a record of all permits, appeals, variances and such other transactions and correspondence pertaining to the administration of this ordinance. (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 Adminis- tration. (g) Notify the Federal Insurance Administration of any annexa- tions or modifications to the community's boundaries. (h) Review subdivision proposals to insure such proposals are consistent with the purpose of this ordinance and advise the City Council of potential conflicts. (2) Permit Required. For the areas governed by the. regulations, a Flood Plain Development Permit issued by the Administrator shall be secured prior to initiation of any flood plain development (any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, filling, grading, paving, excavation or drilling operations) including the placement of mobile homes. (a) Application for a Flood Plain Development Permit shall be made on forms supplied by the Administrator and shall include the following information: (i) Description of the work to be covered by the permit for which application is to be made. (ii) Description of the land on which the proposed work is to be done (i.e. , lot, block, tract, street address, -or similar description) that will readily identify and locate the work to be done. ' 9 KOK PAGE �_ (iii) Indication of the use or occupancy for which the propos- ed work is intended. (iv) Elevation of the 100-year flood. (v) Elevation (in relation to mean sea leavel) of the lowest habitable floor (including basement) of buildings or of the level to which a building is to be floodproofed. (vi) For buildings being improved or rebuilt, the estimated cost of improvements and market value of the building prior to the improvements. (vii) Such other information as the Administrator deems reason- ably necessary for the purpose of this ordinance. (b) The Administrator shall, within a reasonable time, make a determination as to whether the proposed flood plain develop- ment meets the applicable provisions and standards of this ordinance and shall approve or disapprove the application. For disapprovals, the applicant shall be informed, in writing, of the specific reasons therefore. The Administrator shall not issue permits for Conditional Uses, variances and exceptions unless directed by the Board of Adjustment in a specific case. (c) Construction and Use to be as Provided in Application and Plans. Flood Plain Development Permits issued on the basis of approved plans and applications authorize only the use, and 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 these regulations. 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 ordinance, prior to the use or occupancy of any structure. (3) Conditional Uses, Appeals, and Exceptions. (a) Conditional Uses. Requests for Conditional Uses shall be submitted to the Administrator, who shall forward such to the Board of Adjustment of the City of Ames, Iowa for considera- tion. Such requests shall include information ordinarily submitted with applications as well as any additional informa- tion required pursuant to rules of the Board of Adjustment. 10 BOOK AGE �� ! L � I (c) Conditions attached to conditional uses or exceptions. Upon consideration of the factors listed above, the Board may attach such conditions to the granting of Conditional Uses or Exceptions as it deems necessary to further the purpose of these regulations. Such conditions may include, but are not limited to: (i) Modification of waste disposal and water supply facilities. (ii) Limitation on period of use and operation. (iii) Imposition of operational controls, sureties, and deed restrictions. (iv) Requirements for construction of channel modification, dikes, levees, and other protective measures, provided such are approved by the Iowa Natural Resources Council and are deemed the only practical alternative to achieving the purpose of this ordinance. (v) Floodproofing measures consistent with the flood protec- tion elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The Board of Adjustment shall require that the applicant submit a plan or document certified by a regis- tered professional engineer that the floodproofing mea- sures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. Such floodproofing measures may include, but are not necessarily limited to the following: a. Anchorage to resist flotation and lateral movement. b. Installation of watertight doors, bulkheads, and shutters, or simlar methods of construction. C. Reinforcement of walls to resist water pressure. d. Use of paints, membranes, or mortars to reduce seepage of water through walls. e. Addition of mass or weight to structures to resist flotation. f. Installation of pumps to lower water levels in structures. g. Construction of water supply and waste treatment systems so as to prevent the entrance of flood waters. h. Pumping facilities or comparable practices for subsur- face drainage systems for building to relieve external foundation wall and basement flood pressures. i. Construction to resist rupture or collapse caused by water pressure or floating debris. j. Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and stormwaters into the buildings or structures. 13 BOOK -I()_ PACE .1� k. Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to flooding. Section Eight. Nonconforming Uses. A structure or the use of a structure of land which was lawful before the passage or amendment of these regulations but which is not in conformity with the provisions of these regulations may be continued subject to the following conditions: (1) No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. (2) No structural alteration, addition, or repair to any nonconforming structure over the life of the structure shall exceed 50 percent of its value at the time of its becoming a nonconforming use, unless the structure is permanently changed to a conforming use. (3) If such use is discontinued for twelve (12) consecutive months, any future use of the building premises shall conform to this ordinance. (4) If any nonconforming use or structure is destroyed by any means, including floods, to an extent of 50 percent or more of its value prior to destruction, it shall not be reconstructed except in confor- mity with the provisions of this ordinance. (5) Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses. (6) Except as provided in (5) above, any use which has been permit- ted as a Conditional Use or Exception shall be considered a con- forming use for purposes of this section. Section Nine. Penalties for Violation. Violations of these regulations or failure to comply with any of the requirements (including violations of conditions and safeguards establish- ed in connection with grants of Conditional Uses or Exceptions) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $100 or imprisoned for not more than 30 days. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Ames from taking such other lawful action as is necessary to prevent or remedy any violation. Section Ten. Definitions. Unless specifically defined below, words or phrases used in this or- dinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable applica- tion. 14 BOOK , I LQ PAGE LM (1) Development - Any man-made change to improved or unimproved real estate, including but not limited to buildings or other struc- tures, mining, dredging, filling, grading, paving, excavation or drilling operations. (2) 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. (3) Flood elevation - The elevation floodwaters would reach at a parti- cular site during the occurrence of a specific flood. For instance, the 100 year flood elevation is that elevation of floodwaters related to the occurrence of the 100-year flood. (4) Flood Insurance Rate Map - 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. (5) Flood Insurance Study - A study initiated, funded, and published by the Federal Insurance Administration for the purpose of evalua- ting in detail the existence and severity of flood hazards; provi- ding the city with the necessary information for adopting a flood plain management program; and establishing actuarial flood insurance rates. (6) Flood Plain - Any land area susceptible to being inundated by water as a result of a flood. (7) Flood Plain Management - An overall program of corrective and preventive measures for reducing flood damages and promoting the wise use of flood plains, including but not limited to emergency preparedness plans, flood control works, floodproofing and flood plain management regulations. (8) Floodproofing - Any combination of structural or non-structural additions, changes, or adjustments to structures, including utility and sanitary facilities which will reduce or eliminate flood damage to such structures. (9) Floodway - The channel of a river or stream and those portions of the flood plains adjoining the channel, which are reasonably requir- ed to carry and discharge flood waters or flood flows so that confinement of flood flows to the floodway area will not result in substantially higher flood levels and flow velocities. (10) Floodway Fringe - Those portions of the flood plain, other than the floodway, which can be filled, leveed, or otheri%ise obstructed without causing substantially higher flood levels or flow velocities. (11) Mobile Home - A building, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. 15 BOOK PAGE (12) Mobile Home Park - A parcel or contiguous parcels of land divided into two or more mobile home lots for rent or sale. (13) New Construction (new buildings, new mobile home parks) - Those structures or development for which the start of construction commenced on or after the effective date of this ordinance. (14) One hundred year (100) flood - A flood, the magnitude of which has a one (1) percent chance of being equalled or exceeded in any given year or which, on the average, will be equalled or exceeded at least once every one hundred (100) years. (15) Structure - Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, mobile homes. (16) Substantial improvement - Any repair, reconstruction, or improve- ment of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (a) before the improvement or repair is started, or (b) if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is con- sidered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the struc- ture. The term does not, however, include any project for im- provement of a structure to comply with existing state or local health, sanitary, or safety code specifications whch are solely necessary to assure safe living conditions. Section Eleven. Severability. If any section, clause, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of law of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. Section Twelve. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 22nd day of Janua 1980. 77a61 Goo land, Mayor AtV6st f `Gifia , cicn, 9use,; fty Clerk ,ff i.. k ' t Y' •k� � l i A 4 ` ,1 1s BOOK PAGE dQ oQ `_D 1 � W