HomeMy WebLinkAboutA001 - Memo dated February 27, 1987 from Planning and Housing to the Planning and Zoning Commission Mimi
TO: Planning and Zoning Commission
FROM: Department of Planning and Housing
DATE: February 27, 1987
RE: Revisions to the Floodplain Ordinance
Attached is a copy of the revised version of the Floodplain Ordinance. This
ordinance has been revised to bring it into conformance with the National
Flood Insurance Program Floodplain Management Criteria'. As a condition of
continued eligibility for the National Flood Insurance program all communities
must revise their ordinances to bring them into conformance with recent rule
changes made by the Federal Emergency Management Agency (FEMA) and published
in the Federal Register.
This model ordinance was prepared by the Department of Natural Resources and
it was modified by City staff to tailor it to this community.
This new ordinance includes a change in definition for a mobile home and
mobile home park. They are now called factory-built homes and factory-built
home parks so they will not be in conflict with the State's definition for
manufactured housing. It should be noted that travel trailers and other
similar vehicles are included in this definition, if they are placed on a site
greater than 180 days. The new regulations no longer allow communities to
grandfather existing factory-built home parks. All factory-built homes to be
placed or substantially improved within flood prone areas must now be elevated
on permanent foundations such that the lowest floor is one foot above the
100-year flood elevation.
Another new requirement deals with elevating mechanical and utility equipment
in new or substantially improved structures to prevent water from entering or
accumulating within the components during flooding. This new ordinance also
includes a requirement that all fully enclosed areas below the "lowest" floor
(not including basements ) that are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by allowing
for entry and exit of flood waters.
If you have any questions about the content of this ordinance, please contact
the Department prior to the P & Z meeting on Wednesday, so that we can have
the answers ready for you.
tly
CHAPTER 9
FLOOD PLAIN ZONING REGULATIONS
Sec. 9.1. 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 responsibil-
ity 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
and health; and safety hazards, disruption of commerce
and governmental services, extraordinary public expendi-
tures for flood protection and relief, and impairment of
the tax base; all of which adversely affect the health,
safety, and general welfare of the community.
(b) These losses, hazards and related adverse effects are
caused by (i) the occupancy of flood hazard areas by
uses vulnerable to flood damages which create hazardous
conditions as a result of being inadequately elevated or
otherwise protected from flood, and (ii) the cumulative
effect of flood plain construction on flood flows, which
causes increases in flood heights and flood water veloci-
ties.
(c) This ordinance relies upon engineering methodology for
analyzing flood hazards which is consistent with the
standards established by the Department of Natural
Resources. This methodology consists of a series of
interrelated steps including:
(i) Determination of flood magnitudes and the corre-
sponding flood frequencies by statistical and engi-
neering calculations which permits a consideration of
such flood factors as expected frequency of occur-
rence, area inundated and depth of inundation.
(ii) Calculation of water surface profiles based upon a
hydraulic 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.
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(3) Purpose. It is the purpose of this ordinance to promote the
public health, safety, and general welfare by minimizing those
flood losses described in Section 9. 1(2) with provisions de-
signed 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 National Flood Insurance Program.
Sec. 9.2. 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 Flood
Boundary and Floodway (Maps) prepared as part of the Flood
Insurance Study for the City of Ames, Iowa in 1980, is here-
by adopted by reference and declared to be the Official Flood
Plain Zoning Map. The flood profiles and all explanatory
material contained with the Flood Insurance Study and the
Flood Insurance Rate Maps are also declared to be a part of
the ordinance.
(3) Rules for Interpretation of District Boundaries. The boun-
daries of the zoning district shall be determined by scaling
distances on the Official Flood Plain Zoning Map. Where inter-
pretation is needed as to the exact location of the boundaries
of the district as shown on the Official Zoning Map the Build-
ing 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 struc-
turally altered without full compliance with the terms of this
chapter and other applicable regulations which apply to uses
within the jurisdiction of this ordinance.
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this ordinance is granted after due consideration by the Zoning Board
of Adjustment.
Sec. 9.4. FLOODWAY (OVERLAY) DISTRICT.
(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 include placement of structures,
factory built homes, fill or other obstruction, the storage of
materials or course: e ui ment, excavation, or alteration of a water-
(a) Agricultural uses such as general farming, pasture,
grazing, outdoor plant nurseries, horticulture, viti-
culture, truck farming, forestry, sod farming, and wild
crop harvesting.
(b) Industrial-commercial uses such as loading areas, park-
ing 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 struc-
tures (temporary or permanent), fill, storage of materials or
equipment may be permitted only upon issuance of a Condi-
tional Use Permit by the Zoning Board of Adjustment as pro-
vided for in Sec. 9.7. Such uses must also meet the
applicable provisions of the Floodway District Performance
Standards.
(a) Uses or structures accessory to open-space uses.
(b) Circuses, carnivals, . and similar transient amusement
enterprises.
(c) Drive-in theaters, new and used car lots, roadside
stands, signs, and billboards.
(d) Extraction of sand, gravel, and other materials.
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(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
provisions of this ordinance shall be held to be minimum re-
quirements 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
protection required by this ordinance is considered reasonable
for regulatory 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 restric-
ted by debris. This ordinance does not imply that areas out-
side 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) Severability. If any section, clause, provision or portion of
this ordinance is adjudged unconstitutional or invalid by a
court of competent jurisdiction, the remainder of this ordi-
nance shall not be affected thereby.
Sec. 9.3. * ESTABLISHMENT OF ZONING DISTRICTS.
The flood plain areas within the jurisdiction of this ordinance are
hereby divided into the following districts:
(1) Floodway (Overlay) District - The Floodway District shall be
consistent with the boundaries of the floodway as shown on
the Official Flood Plain Zoning Map.
(2) Floodway Fringe (Overlay) District - The Floodway Fringe
District shall be those areas shown as floodway fringe on the
Official Flood Plain Zoning Map.
(3) , General Flood Plain (Overlay)District - The General Flood
Plain District shall be those areas shown on the Official Flood
Plain Zoning Map as being within the approximate 100 year
flood boundary.
The boundaries are shown on the Official Flood Plain Zoning Map. With-
in these districts all uses not allowed as Permitted Uses or authorized
as Conditional Uses are prohibited, unless a variance to the term of
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(h) Any fill allowed in the floodway must be shown to have
some beneficial purpose and shall be limited to the mini-
mum amount necessary.
(i) Pipeline river or stream crossings shall be buried in the
streambed and banks or otherwise sufficiently protected
to prevent rupture due to channel degradation and
meandering or due to the action of flood flows.
Sec. 9.5. FLOODWAY FRINGE (.OVERLAY) DISTRICT.
(1) Permitted Uses. All uses within the Floodway Fringe District
shall be permitted to the extent that they are not prohibited
by any other ordinance or underlying zoning district and
Provided they meet applicable performance standards of the
Floodway Fringe District.
(2) Performance Standards. All uses must be consistent with the
need to minimize flood damage and shall meet the following
applicable performance standards.
(a) All structures shall (i) be adequately anchored to pre-
vent flotation, collapse or lateral movement of the struc-
ture, (ii) be constructed with materials and utility
equipment resistant to flood damage, and (iii) be con-
structed by methods and practices that minimize flood
damage.
(b) Residential buildings. All new or substantially improved
residential structures shall have the lowest floor, includ-
ing basements, elevated a minimum of one (1) foot above
the 100-year flood level. Construction shall be upon
compacted fill which shall, at all points, be no lower
than one (1) foot: above the 100-year flood level and
extend at such elevation at least 18 feet beyond the
limits of any structure erected thereon. Alternate
methods of elevating (such as piers) may be allowed,
subject to favorable consideration by the Zoning Board
of Adjustment 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.
All new residential. buildings shall be provided with a
means of access which will be passable by wheeled vehi-
cles during the 100--year flood.
(c) Non-residential buildings--All new and substantially im-
proved non-residential buildings shall have the first
floor (including basement) elevated a minimum of one (1)
foot above the 100-year flood level, or together with
attendant utility and sanitary systems, be floodproofed
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(e) Marinas, boat rentals, docks, piers, wharves.
(f) Utility transmission lines, underground pipelines.
(g) Other uses similar 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 this ordinance.
(3) Performance Standards. All Floodway District uses allowed as
a Permitted or Conditional Use shall meet the following stan-
dards:
(a) No use shall be permitted in the Floodway District that
would result in any increase in the 100-year flood level.
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.
(b) All uses within the Floodway District shall:
(i) Be consistent with the need to minimize flood
damage.
(ii) Use construction methods and practices that will
minimize and resist flood damage.
(iii) Use construction materials and utility equipment
that are resistant to flood damage.
(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 stan-
dards 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
potential 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 prohibited. Storage of other material may
be allowed if readily removable from the Floodway Dis-
trict 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 Department of Natural Resources.
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shall be anchored to resist flotation, collapse, or
lateral movement.
(ii) Factory-built homes including those placed in exist-
ing factory-built homeparks or subdivisions shall be
elevated on a permanent foundation such that the
lowest floor of the structure is a minimum of one
(1) foot above the 100) year flood level.
(f) Utility and Sanitary Systems
(i) All new and replacement sanitary sewage systems
shall be designed to minimize and eliminate infiltra-
tion of floor( waters into the system as well as the
discharge of effluent 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 elevation.
(ii) On-site waste disposal systems shall be located or
designed to avoid impairment to the system or
contamination. from the system during flooding.
(iii) New or replacement water supply systems shall be
designed 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 greater than one (1) foot above the
100-year flood elevation.
(iv) Utilities such. as gas or electrical systems shall be
located and constructed to minimize or eliminate
flood damage to the system and the risk associated
with such flood damaged or impaired systems.
(g) Storage of materials and equipment that are flammable,
explosive or injurious to human, animal or plant life is
prohibited unless elevated a minimum of one (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 pre-
vent movement due to flood waters or (ii) be readily
removable from the area within the time available after
flood warning.
(h) Flood control structural works such* as levees, flood
walls, etc. shall provide, at a minimum, protection from
a 100-year flood with a minimum of 3 ft. of design free-
board and shall provide for adequate interior drainage.
In addition, structural flood control works shall be
approved by the Department of Natural Resources.
(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.
r
to such a level. When floodproofing is utilized a profes-
sional engineer registered in the State of Iowa shall
certify that the floodproofing methods used are adequate
to withstand the flood depths, pressures, velocities, im-
pact and uplift forces and other factors associated with
the 100-year flood level; and that the structure, below
the 100-year flood level, is watertight with walls substan-
tially impermeable to the passage of water. A record of
the certification indicating the specific elevation (in
relation to National Geodetic Vertical Datum) to which
any structures are floodproofed shall be maintained by
the Zoning Administrator.
(d) All new and substantially improved structures:
(i) Fully enclosed areas below the "lowest floor" (not
including basements) that are subject to flooding
shall be designed to automatically equalize hydro-
static flood forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for
meeting this requirement must either be certified by
a registered professional engineer or meet or exceed
the following minimum criteria:
(a) A minimum of two openings having a total net
area of not less than one square inch for
every square foot of enclosed area subject to
flooding shall be provided.
(b) The bottom of all openings shall be no higher
than one foot above grade.
(c) Openings may be equipped with screens,
louvers, valves, or other coverings or devices
provided that they permit the automatic entry
and exit of floodwaters.
(ii) New and substantially improved structures must be
designed (or modified) and adequately anchored to
prevent flotation, collapse, or lateral movement of
the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of bouyancy.
(iii) New and substantially improved structures must be
constructed with electrical, heating, ventilation,
plumbing, and air conditioning equipment and other
service facilities that are designed and/or located so
as to prevent water from entering or accumulating
within the components during conditions of flooding.
(e) Factory-built homes:
(i) Factory-built homes including those placed in
existing factory-built home parks or subdivisions
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(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 hatch-
eries, 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, factory-built homes, fill or other obstructions;
the storage of materials or equipment; excavation; or altera-
tion of a watercourse may be allowed only upon issuance of a
Conditional Use Permit by the Zoning Board of Adjustment as
Provided for in Section 9.7(3). All such uses shall be re-
viewed 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 100-year flood
level. The applicant .shall be responsible for providing the
Department of Natural Resources with sufficient technical
information to make the determination.
(3) Performance Standards.
(a) All conditional uses, or portions thereof, to be located in
the floodway as determined by the Department of Natural
Resources shall meet the applicable provisions and stan-
dards of the Floodway (Overlay) District.
(b) All conditional uses, or portions thereof, to be located
in the floodway fringe as determined by the Department
of Natural Resources shall meet the applicable standards
of the Floodway Fringe (Overlay) District
Sec. 9.7. ADMINISTRATION.
(1) Appointment, Duties and Responsibilities of Zoning
Administrator
(a) A Zoning Administrator designated by the City Council
shall administer and enforce this chapter and will herein
be referred to as the Administrator.
(b) Duties and responsibilities of the Administrator shall
include, but not necessarily be limited to, the following:
(i) Review all flood plain development permit applica-
tions to insure that the provisions of this chapter
will be satisfied.
(ii) Review all flood plain development permit applica-
tions to insure that all necessary permits have been
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(j) Subdivisions (including factory-built home parks and
subdivisions) shall be consistent with the need to mini-
mize flood damages and shall have adequate drainage
provided to reduce exposure to flood damage. Develop-
ment associated with subdivision proposals shall meet the
applicable performance standards. Subdivision proposals
intended for residential development shall provide all lots
with a means of vehicular access that will remain dry
during occurrence of the 100-year flood.
(k) The exemption of detached garages, sheds, and similar
structures from the 100-year flood elevation requirements
may result in increased premium rates for insurance
coverage of the structure and contents, however, said
detached garages, sheds, and similar accessory type
structures are exempt from the 100-year flood elevation
requirements when:
(i) The structure shall not be used for human habita-
tion.
(ii) The structure shall be designed to have low flood
damage potential.
(iii) The structure shall be constructed and placed on
the building site so as to offer minimum resistance
to the flow of floodwaters.
(iv) Structures shall be firmly anchored to prevent
flotation which may result in damage to other struc-
tures.
(v) The structure's service facilities such as electrical
and heating equipment shall be elevated or flood-
proofed to at least one (1) foot above the 100-year
flood level.
Sec. 9.6. 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
district and provided they do not include placement of struc-
tures, factory-built homes, fill or other obstruction; the stor
age of materials or equipment; excavation; or alteration of a
watercourse.
(a) Agricultural uses such as general farming, pasture,
grazing, outdoor plant nurseries, horticulture, viticul-
ture, truck farming, forestry, sod farming, and wild
crop harvesting.
(b) Industrial-commercial uses such as loading areas, park-
ing areas, airport landing strips.
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(ii) Description of the land on which the proposed work
is to be done (i.e. , lot, block, tract, street ad-
dress, or similar description) that will readily
identify and locate the work to be done.
(iii) Identification of the use or occupancy for which
the proposed work is intended.
(iv) Elevation of the 100-year flood.
(v) Elevation (in relation to National Geodetic Vertical
Datum) of the lowest 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 esti-
mated cost of improvements and market value of the
building prior to the improvements.
(vii) Such other information as the Administrator deems
reasonably necessary for the purpose of this ordi-
nance.
(c) Action for Permit Application. The Administrator shall,
within a reasonable time, make a determination as to
whether the proposed flood plain development meets the
applicable provisions and standards of this ordinance and
shall approve or disapprove the application. For disap-
provals, the applicant shall be informed, in writing, of
the specific reasons therefore. The Administrator shall
not issue permits; for Conditional Uses or Variances
except as directed. by the Zoning Board of Adjustment.
(d) 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, arrangement, and construction set forth in
such approved plans and applications and no other use,
arrangement or construction. Any use, arrangement or
construction at variance with that authorized shall be
deemed a violation of this Ordinance and shall be punish-
able as provided in Section 9.9. 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 pro-
visions of this Ordinance, prior to the use or occupancy
of any structure.
(3) Conditional Uses, Appeals, and Variances.
(a) Appointment and Duties of Zoning Board of Adjustment.
The Zoning Board of Adjustment which shall hear and
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obtained from Federal, state or local governmental
r agencies.
(iii) Record and maintain a record of:
(a) the elevation (in relation to National Geodetic
Vettical Datum) of the lowest habitable floor of
all new or substantially improved buildings or
(b) the elevation to which new or substantially im-
proved structures have been floodproofed.
(iv) Notify adjacent communities and/or counties and
the Department of Natural Resources prior to any
proposed alteration or relocation of a watercourse
and submit evidence of such notifications to the
Federal Insurance Administrator.
(v) Keep a record of all permits, appeals, variances
and such other transactions and correspondence
pertaining to the administration of this ordinance.
(vi) Submit to the Federal Insurance Administrator an
annual report concerning the community's participa-
tion, utilizing the annual report form supplied by
the Federal Insurance Administrator.
(vii) Notify the Federal Insurance Administration of any
annexations or modifications to the community's
boundaries.
(viii) Review subdivision proposals to insure such pro-
posals are consistent with the purpose of this
ordinance and advise the City Council of potential
conflicts.
(2) Flood Plain Development Permit.
(a) Permit Required. 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 factory-built homes.
(b) Application for Permit. Application for a Flood Plain
Develovpment Permit shall be made on forms supplied by
the Administrator and shall include the following informa-
tion:
(i) Description of the work to be covered by the
permit for which application is to be made.
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(iv) In cases where the variance involves a lower level
of flood protection for buildings than what is ordi-
narily required by this Ordinance, the applicant
shall be notified in writing over the signature of
the Zoning Administrator that (i) the issuance of a
variance will result in increased premium rates for
flood insurance up to amounts as high as $25 for
$100 of insurance coverage, and (ii) such construc-
tion increases risks to life and property.
(v) All variances granted shall have the concurrence or
approval of the Department of Natural Resources.
(e) Hearings and Decisions of the Zoning Board of Adjust-
ment.
(i) Hearings. Upon the filing with the Zoning Board
of Adjustment of an appeal, an application for a
Conditional Use 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 evalua-
tion of a professional engineer or other expert
person or agency, including the Department of
Natural Resources.
(ii) Decisions. The Board shall arrive at a decision on
an Appeal, Conditional Use or Variance within a
reasonable time. In passing upon an appeal, the
Board may, so long as such action is in conformity
with the provisions of this ordinance, 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 Conditional Use or
Variance the Board shall consider such factors as
contained in this section and all other relevant
sections of this ordinance and may prescribe such
conditions as contained in Section 9.7(3)(e)(ii)(b).
(a) Factors Upon Which the Decision of the Board
Shall be Based. In passing upon applications
for Conditional Uses or requests for Variances,
the Zoning Board shall consider all relevant
factors specified in other sections of this
ordinance and:
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decide (i) applications for Conditional Uses upon which
the Board is authorized to pass under this Ordinance;
(ii) Appeals, and (iii) requests for Variances to the
provisions of this Ordinance; and shall take any other
action which is required of the Board.
(b) Conditional Uses. Requests for Conditional Uses shall
be submitted to the Administrator, who shall forward
such to the Zoning Board of Adjustment for considera-
tion. Such requests shall include information ordinarily
submitted with applications as well as any additional
information deemed necessary to the Zoning Board of
Adjustment.
(c) Appeals. Where it is alleged there is any error in any
order, requirement, decision, or determination made by
an administrative official in the enforcement of this
Ordinance, the aggrieved party may appeal such action.
The notice of appeal shall be filed with the Zoning 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 Zoning Board of Adjustment all the
papers constituting the record upon which the action
appealed from was taken.
(d) Variances. The Zoning Board of Adjustment may autho-
rize upon request in specific cases such variances from
the terms of this ordinance as will not be contrary to
the public interest, where owing to special conditions a
strict enforcement of the provisions of this ordinance will
result in unnecessary hardship. Variances granted must
meet the following applicable standards.
(i) No variance shall be granted for any development
within the Floodway District which would result in
any increase in any increase in the 100-year level.
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.
(ii) 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, or extraordinary public
expense; create nuisances, or cause fraud on or
victimization of the public.
(iii) Variance shall only be granted upon a determina-
tion that the variance is the minimum necessary,
considering the flood hazard to afford relief.
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(i) Modification of waste disposal and water
' supply facilities.
(h) Limitation on period of use and operation.
(iii) Imposition of operational controls, sure-
ties, and deed restrictions.
(iv) Requirements for construction of channel
modification, dikes, levees, and other
protective measures, provided such are
approved by the Department of Natural
Resources and are deemed the only prac-
tical alternative to achieving the purpose
of this ordinance.
(v) Floodproofing measures. Floodproofing
measures shall be designed consistent
with the flood protection elevation for the
particular area, flood velocities, dura-
tions, rate of rise, hydrostatic and hydro-
dynamic forces, and other factors associ-
ated with the regulatory flood. The
Zoning Board of Adjustment shall require
that the applicant submit a plan or docu-
ment 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. Such
floodproofing measures may include, but
are not necessarily limited to the follow-
ing:
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 struc-
tures to resist flotation.
f. Installation of pumps to lower water
levels in structures.
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(i) The danger to life and property due to
increased flood heights or velocities
caused by encroachments.
(ii) The danger that materials may be swept
on to other lands or downstream to the
injury of others.
(iii) The proposed water supply and sanita-
tion systems and the ability of these
systems to prevent disease, contamination
and unsanitary conditions.
(iv) The susceptibility of the proposed facili-
ty and its contents to flood damage and
the effect of such damage on the indivi-
dual owner.
(v) The importance of the services provided
by the proposed facility to the communi-
ty.
(vi) The requirements of the facility for a
flood plain location.
(vii) The availability of alternative locations
not subject to flooding for the proposed
use.
(viii) The compatibility of the proposed use
with existing development and develop-
ment anticipated in the foreseeable
future.
(ix) The relationship of the proposed use to
the comprehensive plan and flood plain
management program for the area.
(x) The safety of access to the property in
times of flood for ordinary and emergency
vehicles.
(xi) The expected heights, velocity, duration,
rate of rise and sediment transport of the
flood water expected at the site.
(xii) Such other factors which are relevant to
the purpose of this ordinance.
(b) Conditions attached to Conditional Uses or
Variances. Upon consideration of the factors
listed above, the Board may attach such condi-
tions to the granting of Conditional Uses or
Variances as it deems necessary to further the
purpose of this ordinance. Such conditions
may include, but are not limited to:
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(3) If such use is discontinued for 12 consecutive months, any
' future use of the building premises shall conform to this
ordinance. The assessor shall notify the Zoning Administra-
tor in writing of instances of nonconforming uses which have
been discontinued for 12 months.
(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 conformity 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 9.8(5) above, any use which has been
permitted as a Conditional Use or Variance shall be considered
a conforming use.
Sec. 9.9. PENALTIES FOR VIOLATION.
Violations of the provisions of this ordinance or failure to comply
with any of its requirements (including violations of conditions and
safeguards established in connection with grants of Conditional Uses or
Variances) 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.
Sec. 9. 10. AMENDMENTS.
The regulations, restrictions and boundaries set forth in this
ordinance may from time to time be amended, supplemented, changed,
or repealed as provided in Sections 414.4, 414.5, and 414.21, Code of
Iowa, 1985 as amended. No amendment, supplement, change, or modifi-
cation to this ordinance shall be undertaken without prior approval from
the Department of Natural Resources.
Sec. 9.11. DEFINITIONS.
Unless specifically defined below, words or phrases used in this
ordinance 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.
(1) Basement - Any enclosed area of a building which has its
floor or lowest level below ground level (subgrade) on all
sides. Also see "lowest floor".
(2) Development - Any man-made change to improved or unim-
proved real estate, including but not limited to buildings or
other structures, mining, dredging, filling, grading, paving,'
excavation or drilling operations.
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g. Construction of water supply and
c waste treatment systems so as to
prevent the entrance of flood waters.
h. Pumping facilities or comparable
practices for subsurface drainage
systems for building to relieve
external foundation wall and base-
ment 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 storm-
waters into the buildings or struc-
tures.
k. Location of all electrical equipment,
circuits and installed electrical
appliances in a manner which will
assure they are not subject to flood-
ing.
(f) Appeals to the Court. Any person
orpersons, jointly or severally, aggrieved
by any decision of the Zoning Board of
Adjustment may present to a court of
record a petition, duly verified, setting
forth that such decision is illegal, in
whole or in part, specifying the grounds
of the illegality. Such petition shall be
presented to the court within thirty days
after the filing of the decision in the
office of the Zoning Board.
Sec. 9.8. NONCONFORMING USES.
A structure, or the use of a structure, or the use of land, which
was lawful before the passage or amendment of this ordinance 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 al-
tered in a way which increases its nonconformity.
(2) No structural alteration, addition, or repair to any noncon-
forming structure over the life of the structure shall exceed
50 percent of its value at the time of its becoming a noncon-
forming use, unless the structure is permanently changed to
a conforming use.
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(12) Floodway Fringe - Those portions of the flood plain, other
` than the floodway, which can be filled, leveed, or otherwise
obstructed without causing substantially higher flood levels or
flow velocities.
(13) General Flood Plain - Any land susceptible to being inundated
by water as a result of flooding that has not been studied in
detail. Flood profiles, floodway delineation, and technical
data are not available to utilize the two district floodways and
floodway fringe zoning; approach.
(14) Lowest Floor - The floor of the lowest enclosed area in a
building including a basement except when all the following
criteria are met:
(a) The enclosed area is designed to flood to equalize hydro-
static pressure during floods with walls or openings that
satisfy the provisions of Section 9.5(1)(d)(i) and
(b) The enclosed area is unfinished (not carpeted, dry-
walled, etc.) and used solely for low damage potential
uses such as building access, parking or storage, and
(c) Machinery and service facilities (e.g. , hot water heater,
furnace, electrical service) contained in the enclosed
area are located ;at least one (1) foot above the 100-year
flood level, and
(d) The enclosed area is not a "basement" as defined in this
section.
In cases where the lowest enclosed area satisfies criteria
a, b, c, and d above, the lowest floor is the floor of
the next highest enclosed area that does not satisfy the
criteria above.
(15) New Construction (new buildings, factory-built home parks) -
Those structures or development for which the start of con-
struction commenced on or after the effective date of the
Flood Insurance Rate Map.
(16) 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.
(17) Structure - Anything constructed or erected on the ground
or attached to the ground, including, but not limited to,
buildings, factories, sheds, cabins, factory-built homes,
storage tanks, and other similar uses.
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(3) Factory-Built Home - Any structure, designed for residential
use, which is wholly or in substantial part, made, fabricated,
formed or assembled in manufacturing facilities for installation
or assembly and installation, on a building site. For the
purpose of this ordinance factory-built homes include mobile
homes, manufactured homes and modular homes and also
include park trailers, travel trailers and other similar vehicles
placed on a site for greater than 180 consecutive days.
(4) Fctory-Built Home Park - A parcel or contiguous parcels of
land divided into two or more factory-built home lots for rent
or sale.
(5) Flood - A general and temporary condition of partial or com-
plete 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.
(6) Flood elevation - The elevation floodwaters would reach at a
particular site during the occurrence of a specific flood. For
instance, the 100 year flood elevation is the elevation of
floodwaters related to the occurrence of the 100-year flood.
(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.
(7) Flood Insurance Study - A study initiated, funded, and pub-
lished by the Federal Insurance Administration for the pur-
pose of evaluating in detail the existence and severity of
flood hazards; providing the city with the necessary informa-
tion for adopting a flood plain management program; and
establishing actuarial flood insurance rates.
(8) Flood Plain - Any land area susceptible to being inundated by
water as a result of a flood.
(9) 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.
(10) Floodproofing - Any combination of structural or non-struc-
tural additions, changes, or adjustments to structures, in-
cluding utility and sanitary facilities which will reduce or
eliminate flood damage to such structures.
(11) Floodway - The channel of a river or stream and those por-
tions of the flood plains adjoining the channel, which are
reasonably required to carry and discharge flood waters or
flood flows so that confinement of flood flows to the floodway
area will not result in substantially higher flood levels and
flow velocities.
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(18) Substantial improvement - Any repair, reconstruction, or
r improvement 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 defini-
tion, "substantial improvement" is considered to occur when
the first alteration of any wall, ceiling, floor or other struc-
tural part of the building commences, whether or not that
alteration affects the external dimensions of the structure.
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.
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