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HomeMy WebLinkAboutA004 - Proof of publication dated June 11, 1987 LEGAL NOTICE damages. This ordinance shall not create liability on the part of the City of Am.s ere Iowa, or any officer or employee thereof ORDINANCE NO. 2976 a" for any flood damages that result from Sec. 9.5. FLOODWAY FRINGE (OVERLAY) AN ORDINANCE TO AME1ID THE MUNICI- reliance on this ordinance or any admini- DISTRICT. Proof Of Publication In The PAL CODE OF THE CITY OF AMES, �- strative decision lawfully made thereunder. (I) permitted Uses. All uses within the fOWA, BY REPEALING CHAPTER 9 AND (8) Severabffity. It any section, clause, Floodway Fringe District shall be THE DAILY TRIBUNE ENACTING A NEW CHAPTER 9 RELATING provision or portion of this ordinance is permit- ENACTING THE. FLOOD PLAIN ORDINANCE; c. adjudged unconstitutional or invalid by a bed to the extent that they are not prohi- REPEALING ALL ORDINANCES OR PARTS r., court of competent jurisdiction, the re- lotted by any other ordinance or underly- OF ORDINANCES IN CONFLICT HERE- mainder of this ordinance shall not be mg zoning district and provided they 'WITH; PROVIDING A PENALTY; AND affected thereby. meet applicable performance standards of ESTABLISHING AN EFFECTIVE DATE. BE Sec. 9.3. ESTABLISHMENT OF ZONING the Floodway Fringe District. `IT ENACTED by the City Council of the DISTRICTS. (2) Performance Standards.. All uses City of Ames, Iowa: The flood plain areas within the jurisdic- must be consistent with the need to STATE OF IOWA STORY COUNTY Section One. The Municipal Code for the tion of this ordinance are hereby divided minimize flood damage and shall meet the > > ss. City of Ames; Iowa, shall be and is into the following districts: following Applicable performance standards. hereby amended by repealing Chapter 9 �, (1) Floodway (Overlay) District - The (a) All structures shall (i) be adequately anchored to and enacting a new Chapter 9 as follows: Floodway District shall be consistent with prevent flotation, collapse or 1, � Dale Culver, on ,"Sec. 9.1._STATUTORY AUTHORIZATION, the boundaries of .the floodway as shown lateral movement of the structure, (ii) be oath depose and Say that 1 am YEf{WrX .1Vjr, � FINDINGS .OF FACT, AND PURPOSE. on the Official Flood Plain Zoning Map, constructed with materials and utility (1) Statutory Authorization. The legisla- (2) Floodway Fringe (Overlay) District - equipment resistant to flood damage, and busjvmXWMX, production foreman of the THE tore of.the State of Iowa has, in Chapter ra•The Floodway Fringe District shall be (iii) be constructed by methods and DAILY TRIBUNE, a daily newspaper, printed at Practices that minii 414 Code of Iowa,'delegated the rasponsi- A those areas shown as floodway fringe on mze flood damage. Ames, StoryCounty, Iowa;that the annexed printed bility to cities to enact zoning regulations I*the Official Flood Plain Zoning Map. (b) Residential buildings. All new or y to secure safety from flood and to pro- m (3) General Flood Plain (Overlay) Dis= substantially improved residential strut-tures shall have the lowest floor, includ- Ordinance #2976 [rict - The General Flood Plain District mote health and the general welfare.(2) Findings of Fact. ., shall be those areas shown on the Official ing basements, elevated a minimum of one foot above the 100-year flood level. (a) The flood hazard areas of Ames are a'Flood Plain Zoning Map as being within Y subject to periodic inundation wlich can a''the approximate 100 year flood boundary. Construction shall be upon compacted fill result in loss of life and property and The boundaries are shown on the Official which shall, at all points, be no lower health; and safety hazards, disruption of Flood Plain Zoning Map. Within these than one (1) foot above the 100-year commerce and governmental . services, districts all uses not allowed as Permitted flood level and extend at such elevation extraordinary public expenditures for Uses or authorized as Conditional Uses at least 18 feet beyond the limits of any flood protection and relief, and impair- are prohibited, unless a variance to the structure erected thereon. Alternate ment of the tax base; all of which ad- term of this ordinance is granted after methods of elevating (such as piers) may was published In said newspaper for versely affect the health, safety, and due consideration by the Zoning Board of be allowed, subject to favorable consider- general welfare of the community. Adjustment. ation by the Zoning Board of Adjustment Sec. 9.4. FLOODWAY and issuance of a Conditional Use Permit, consecutive Weeks, the first (b) These losses, hazards and related (OVERLAY) DIS- adverse effects are caused by (i) the TRICT. where existing topography, street grades, and the last Of said publication W8S On the occupancy of flood hazard areas by uses (1) Permitted Uses. The following uses or other factors preclude elevating ..y p vulnerable to flood damages which create shall be permitted within the Floodway fill. In such cases, the methods u:-ed 8 June must be adequate to support the strut- hazardous conditions as a result of being District to the extent the➢ are not p rohi- lure as well as withstand the various day Of .inadequately elevated or otherwise pro- .,,lotted by any other ordinance or underly- tected from flood, and (ii) the cumulative a,ing zoning district regulation, and pro forces and hazards associated with flood- effect of flood plain construction on flood a,;,vided the do not include Iacement of ing. 19 8 7 flows, which causes increases in flood ?structures, facto -b t homes, fill or All new residential buildings shall be provided with a means of access which heights and flood water velocities. �,other obstruction, the store a of materials will be passable by wheeled vehicles «- (c)' This ordinance relies upon engineer- or equipment, excavation or alteration o -ing methodology for,analyzing flood haz- -:,a water-course: during the 100-year flood. ards which is consistent with the stan- k'(a )Agricultural uses such as general (c) Non-residential buildings--All new Sworn to before me and subscribed in my presence dards established by the Department of farming, pasture, grazing, outdoor plant and substantially improved non-residential by�I�fl�Blif}{IK(9C7LIUfCe, Dale Culver. Natural Resources. ' This methodology buildings shall have the first floor(includ- consists of a series of interrelated steps ing basement) elevated a minimum of one including: (1) foot above the 100-year flood level, (i) Determination of flood magnitudes and or together with attendant utility and this 11 day Of June the corresponding flood frequencies by sanitary systems, be floodproofed to such statistical and engineering calculations a level. When floodproofing is utilized a which permits a consideration of such nurseries, horticulture, viticulture, truck Professional engineer registered in the flood factors as expected frequency of farming, forestry, sod farming, and wild State of Iowa shall certify that the flood- occurrence, area inundated and depth of proofing methods used are adequate to inundation. crop harvesting. withstand the flood depths, _ _!_ (�(�� �Q.D (b) Industrial-commercial uses such as P pressures, 1�'// -/� ,-. Aotary Public (ii) Calculation of water surface profiles loading areas, parking areas, airport velocities, impact and uplift forces and other factors associated with the 100-year in and for the State of Iowa based upon a hydraulic engineering landing strips. analysis of the capability of the stream (c) Private and public recreational uses the level; and that the structure, below channel and overbank areas to convey such as golf courses, tennis courts, the 10 year flood level, is watertight Fees, $ 368. 94 flood flows. driving ranges, archery ranges, picnic with walls substantially impermeable to the (iii) Computation and delineation of a grounds, boat launching ramps, swimming passage of water. A record of the certi- flcodway, an area which must be reserved areas, parks, wildlife and nature pre- fication indicating the specific elevation (no obstructions) for conveyance of flood serves, game farms, fish hatcheries, Datum) to National Geodetic Vertical flows so that flood heights and velocities shootingreserves, target ranges, tier 7 [° which any structures are will not be substantially increased by and skeet ranges, hunting and fishing y�pr Adni �� be maintained by the future encroachment on the flood plain. g *xator. areas, hiking and horseback riding trails. (d) All new and (3) Purpose. It is the purpose of this (d) Residential uses such as lawns, substantially improved structures: ordinance to promote the public health, gardens, parking areas and play areas. (i) Fully enclosed areas below the "low- safety, and general welfare by minimizing (e) Such other open-space uses similar est floor" (not including basements) that (h) Flood control structural works such those flood losses described in Section in nature to the above uses. 9.1(2) with provisions designed to: are subject to flooding shall be designed as levees, flood walls, etc. shall provide, (a) Reserve sufficient flood plain area (2) Conditional Uses. The following to automatically equalize hydrostatic flood at a minimum, protection from a 100-year uses which involve structures (temporary forces on exterior walls by allowing for flood with a minimum of 3 ft. of design for the conveyance of flood flows so that or permanent), fill, storage of materials the en and exit of floodwaters. De- freeboard and shall provide for adequate De- flood heights and velocities will not be or equipment may be permitted only upon signs for meeting this requirement must interior drainage. In addition, structural increased substantially. issuance of a Conditional Use Permit by either be certified by a registered profes- flood control works shall be approved b (b) Restrict or prohibit uses which are the Zoning Board of Adjustment as pro- slonal engineer or meet or exceed the the Department of Natural Resources. dangerous to health, safety or property vided for in Sec. 9.7. Such uses must following minimum criteria: in times of flood or which cause excessive also meet the applicable provisions of the - (i) No use shall affect the capacity or increases in flood heights or velocities. Floodway District Performance Stands ds. (a) A minimum of two openings having a conveyance of the channel or floodway of total net area of not less than one square any tributary to the main stream, drain- floods,Require that uses vulnerable w to (a) Uses or structures accessory to inch for every square foot of enclosed age ditch, or other drainage facility or floods, including public utilities which serve such uses, be protected against open-space uses. area subject to flooding shall be provided. system.flood damage at the time of initial con- (b) Circuses, carnivals, and similar (b) The bottom of all openings shall be (j) Subdivisions (including factory-built strvction.. transient amusement enterprises. no higher than one foot above (c) Drive-in theaters, new and used car (c) Openings may be equipped with consistent with the need to minimize flood lands which are unsuited for intended grade. home parks and subdivisions) shall be Protect individuals from buying lots, roadside stands, signs, and bill- screens, louvers, valves, or other cover- damages and shall have adequate drainage lands boards. rags or devices provided that they permit provided to reduce exposure to flood purposes because of flood hazard. (d) Extraction of sand, gravel, and the automatic (e) Assure that eligibility is maintained entry and exit of flood- damage. Development associated with other materials. waters_ subdivision proposals shall meet the for property owners in the community to (e) Marinas, boat rentals, docks, pers, (ii) New and substantially improved applicable performance standards. Subdi- purchase flood insurance through the Na- wharves. structures must be desig ned (or modified) vision proposals intended for residential Lionel Flood Insurance Program. (f) Utility transmission lines, under- and adequately anchored to prevent development shall provide all lots with a Sec. 9.2. GENERAL PROVISIONS. ground pipelines. flotation, coffer se, or lateral movement of means of vehicular access that will remain (1) Lands to Which Ordinance Applies. (g) Other uses similar in nature to uses p This ordinance shall apply to all lands the structure resulting from hydrodynamic dry during occurrence of .the 100-year within the jurisdiction of the City of described in Section Four (1) or (2) and hydrostatic loads, including the flood. j Y which are consistent with the provisbns effects of bouyancy. (k) The exemption of detached garages, Ames, Iowa, shown on the Official Flood of Section Four (3) and the general spirit (iii) New and substantiallyg Plain Zoning Map.to be within the 100- and ur ose of this ordinance. improved sheds, and similar structures from the year flood boundaries. purpose structures must be constructed with result100-year flood elevation requirements may y (3) Performance Standards. All Flood- electrical, heating, ventilation, plumbing, result in increased premium rates for (2) Establishment of Official Flood Plain way District uses allowed as a Permitted and air conditioning equipment and other insurance coverage of the structure and Zoning Map. The Flood Boundary and or Conditional Use shall meet the following service facilities that are designed and/or contents, however, said detached garages, Floodway (Maps) prepared as part of the standards: located so as to prevent water from similar acsheds, and cessory type struc- Flood Insurance Study for the City of (a) No use shall be permitted in the entering or accumulating within the com- tures are exempt from the 100-year flood Ames, Iowa in 1950, is hereby adopted by Floodway District that would result in any ponents during conditions of flooding. elevation requirements when: reference and declared to be the Official increase in the 100-year flood level. Con- (e) Factory-built homes: Flood Plain Zoning Map. The flood pro- sideration of the effects of any develop- human The structure shall not be used for files and all explanatory material contain- ment on flood levels shall be based upon (i) Factory-built homes including those human habitation. P Y Po placed in existing factory-built home (ii) The structure shall be desired to ed with the Flood Insurance Study and the assumption that an equal degree of parks or subdivisions shall be anchored g the Flood Insurance Rate Maps are also development would be allowed for similarly to resist flotation, collapse, or lateral have low flood damage potential. declared to be a part of the ordinance. situated lands. movement. (iii) The structure shall be constructed (3) Rules for Interpretation of District (b) All uses within the Floodway District (ii) Factory-built homes includin those and placed on the building site so as to Boundaries. The boundaries of the shall: g offer minimum resistance to the flow of zoning district shall be determined by (i) Be consistent with the need to mini- floodwaters. scaling distances on the Official Flood mize flood damage. (iv) Structures shall be firmly anchored Plain Zoning Map. Where interpretation is (ii) Use construction methods and prat- placed in existing factory-built homeparks to prevent flotation which may result in needed as to the exact location of the tices that will minimize and resist flood or subdivisions shall be elevated on a damage to other structures, boundaries of the district as shown on damage. permanent foundation such that the lowest (v) The structure's service facilities the Official Zoning Map the Building (iii) Use construction materials and floor of the structure is a minimum of one such as electrical and heating equipment Official shall make the necessary interpre- utility equipment that are resistant to (1) foot above the 100) year flood level. shall be elevated or floodproofed to at tation. The person contesting the,loca- flood damage. (f) Utility and Sanitary Systems least one (1) foot above the 100-year tion of the district boundary shall be (c) No use shall affect the capacity or (i) All new and replacement sanitary flood level. given a reasonable opportunity to present conveyance of the channel.or floodway or sewage systems shall be designed to Sec. 9.6. GENERAL FLOOD PLAIN (OVER- his case and submit technical evidence. any tributary to the'main stream, drain- minimize and eliminate infiltration of flood LAY) DISTRICT (FP). (4) Compliance. No structure or land age ditch, or any other drainage facility waters into the system as well as the (1) Permitted Uses. The following uses shall hereafter be used and no structure or system. discharge of effluent into flood waters. shall be permitted within the General shall be located, extended, converted or (d) Structures, buildings and sanitary Wastewater treatment facilities shall be Flood Plain District to the extent they are structurally altered without full compli- and utility systems, if permitted, shall pr=:•ided with a level of flood protection not prohibited by any other ordinance or ante with the terms of this chapter and meet the applicable performance standards equal to or greater than one (1) foot underlying zoning district and provided other applicable regulations which apply of the Floodway Fringe District and shall above the 100-year flood elevation. they do not include placement of struc- to uses within the jurisdiction of this be constructed or aligned to present the (h) On-site waste disposal systems shall tures factory- built homes, fill or other ordinance. minimum possible resistance to flood be located or designed to avoid impair- obstruction; the storage of materials or (5) Abrogation and Greater Restrictions. flows. ment to the system or contamination from tguipment; excavation; or alteration It is not intended by this ordinance to (e) Buildings, if permitted, shall have a the system during flooding. of a watercourse. repeal, abrogate or impair any existing low flood damage potential and shall not (iii) New or replacement water supply (a) Agricultural uses such as general easements, covenants, or deed restrictions. be for human habitation. systems shall be designed to minimize or farming, pasture, grazing, outdoor plant, However, where this ordinance imposes (f) Storage of materials or equipment eliminate infiltration of flood waters into nurseries, horticulture, viticulture, truck' c, greater restrictions, the provisions of that are buoyant, flammable, explosive or the system. Water supply treatment farming, forestry, sod farming, and wild this ordinance shall prevail. All other injurious to human, animal or plant life is facilities shall be provided with a level of crop harvesting. ordinances inconsistent with this ordi- prohibited. Storage of other material may protection equal to or greater than one oa Industrial-commercial uses such as l nance are hereby repealed to the extent be allowed if readily removable from the (1) foot above the 100-year flood eleva- loading areas, parking areas,_ airport of the inconsistency only. Floodway District within the time available tion. landing strips. (6) Interpretation. In their interprets- after flood warning. (iv) Utilities such as gas or electrical such Private and public recreation uses tion and application, the provisions of (g) Watercourse alterations or relocations systems shall be located and constructed such as golf courses, tennis courts, driving ranges, archery ranges, picnic this ordinance shall be held to be mini- (channel changes and modifications) must to minimize or eliminate flood damage to grounds, boat launching ramps, swimming mum requirements and shall be liberally be designed to maintain the flood carrying the system and the risk associated with areas, parks, wildlife and nature pre- construed in favor of the governing body capacity within the altered or relocated such flood damaged or impaired systems. and shall not be deemed a limitation or portion. In addition, such alterations or (g) Storage of materials and equipment serves, game farms, fish hatcheries, shooting preserves, target ranges, trap repeal of any other powers granted by relocations must be approved by the that are flammable, explosive or injurious and skeet ranges, hunting and fishing State statutes. Department of Natural Resources. to human, animal or plant life is prohibi- (7) Warning and Disclaimer of Liability. (h) Any.fill allowed in the floodway must ted unless elevated a minimum of one (1) areas, hiking and horseback riding trails. The degree of flood protection required be shown to have some beneficial purpose foot above the 100-year flood level. gar Residential uses such as la lawns, by this ordinance is considered reasonable and shall be limited to the minimum Other material and equipment must either gardens, parking areas, and play areas. (2) Conditional Uses. Any use which for regulatory purposes and is based on amount necessary. be similarly elevated or (i) not be subject engineering and scientific methods of (i) Pipeline river or stream crossings to major flood damage and be anchored to involves placement of structures, factory- study. Larger floods may occur on rare shall be buried in the streambed and prevent movement due to flood waters or built homes, fill or other obstructions; occasions. Flood heights may be increas- banks or otherwise sufficiently protected (ii) be readily removable from the area the storage of materials or equipment; ed by man-made or natural causes, such to prevent rupture due to channel degra- within the time available after flood warn- excavation;.or alteration of a watercourse as ice jams and bridge openings restricted dation and meandering or due to the ing. may be allowed only upon issuance of a by debris. This ordinance does not imply action of flood flows. Conditional Use Permit by the Zoning that areas outside the flood plain districts Board of Adjustment as provided for in or land uses permitted within such dis- Section 9.7(3). All such uses shall be tricts will be free from flooding or flood (2) Development - Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or, reviewed by the Department of Natural (c) Appeals. Where it is alleged there drilling operations. Resources to determine (i) whether the is any error in any order, requirement, The (3) Factory-Built Home - Any.structure, land involved is either wholly or partly decision, or determination made by an duration, rate of rise and sediment trans- designed for residential use, which is within the floodway or floodway fringe administrative official in the enforcement port of the flood water expected at the wholly or in substantial part, made, fab- and (ii) the 100-year flood level. The of this Ordinance, the aggrieved party site. ricated, formed or assembled in manufac- applicant shall be responsible for pro- may appeal such action. The notice of (xii) Such other factors which are rele- turing facilities for installation or assem- viding the Department of Natural Re- Y PP bly and installation, on a building site. sources with sufficient technical infor- appeal shall be filed with the Zoning want to the purpose of this ordinance. . Board of Adjustment and with the official (b) Conditions attached Conditional For the purpose of this ordinance factory- mation to make the determination from whom the appeal is taken and shall Uses or Variances. Upon consideration sideration of built homes include mobile homes, manu- (3) Performance Standards. set forth the specific reason for the the factors listed above, the Board may factured homes and modular homes and (a) All conditional uses, or portions appeal. The official from whom the attach such conditions to the granting of also include park trailers, travel trailers thereof, to be located in the floodway as appeal is taken shall transmit to the Conditional Uses or Variances as it deems and other similar vehicles placed on a site determined by the Department of Natural y purpose for greater than 180 consecutive days. Resources shall meet the applicable provi- Zoning Board h Adjustment all the papers ordinance. to further the ur ose of this eons and standards of the Floodwq constituting the record upon which the ordinance. Such conditions may include, (4) Factory-Built Home Park - A parcel action appealed from was taken but are not limited to: or contiguous parcels of land divided into (Overlay) District. (d) Variances.. The Zoning Board of (i) Modification of waste disposal and two or more factory- built home lots for (b) All conditional uses, or, portions Adjustment may authorize upon request in water supply facilities. rent or sale. thereof, to be located in the floodway (5) Flood - A general and temporary fringe as determined by the Department specific cases such variances from the operation. Limitation on period o use and terms of this ordinance as will not be operation. condition of partial or complete inundation of Natural Resources shall meet the appli- contrary to the public interest, where (iii) Imposition of operational controls, of normally dry land areas resulting from cable standards of the Floodway Fringe owing to special conditions a strict en- sureties, and deed restrictions. the overflow of streams or rivers or from (Overlay) District forcement of the provisions of this ordi- (iv) Requirements for construction of the unusual and rapid runoff of surface Sec. 9.7. ADMINISTRATION. nance will result in unnecessary hardship. channel modification, dikes, levees, and waters from any source. (1) Appointment,.Duties and Responsibili- Variances granted must meet the following other protective measures, provided such •(6) Flood elevation - The elevation ties of Zoning Administrator applicable standards. are approved by the Department of Na- floodwaters would reach at a particular (a) A Zoning Administrator designated PP y site during the occurrence of a specific by the City Council shall administer and (i) No variance shall be granted for any rural Resources and are deemed the only enforce this chapter and will herein be development within the Floodway District practical alternative to achieving the flood. For instance, the 100 year flood referred to as the Administrator. which would result in any increase in the purpose of this ordinance. elevation is the elevation of floodwaters, (b) Duties and responsibilities of the 100-year level. Consideration of the (v) Floodproofing measures. Flood- effects of any development on flood levels proofing measures shall be designed related to the occurrence of the 100-year Administrator shall include, but not shall be based upon the assumption that consistent with the flood protection clews- flood. necessarily be limited to, the following: an equal degree of development would be Lion for the particular area, flood veloci- (7) Flood Insurance Rate Map - The (i) Review all flood plain development allowed for similarly situated lands. ties, durations, rate of rise, hydrostatic official map prepared as part of (but permit applications to insure that the (ii) Variances shall only be granted upon and hydrodynamic forces, and other published separately from ) the Flood provisions. of this chapter will be satis-_ i) a showing of good and sufficient factors' associated with the regulatory Insurance Study which delineates both the fied. Icause, (ii) a determination that failure to flood. The Zoning Board of Adjustment flood hazard areas and the risk premium (ii) Review all flood plain (development rant the variance would result in excep- shall require that the applicant submit a zones applicable to the community. permit applications to insure that all g necessary permits have been obtained tional hardship to t the applicant, and (iii) plan or document certified by a registered initiated, Flood Insurance Study - A study a determination that the granting of the professional engineer that the floodproof- initiated, funded, and published by the from Federal, state or local governmental variance will not result in increased flood ing measures are consistent with the Federal Insurance Administration for the agencies. heights, additional threats to public regulatory flood protection elevation and purpose of evaluating in detail the exis- (iii) Record and maintain a record of:' g ublic expense; p tence and severity of flood hazards; (a) the elevation (in relation to National safety, or extraordinary p associated flood factors for the articular Y area.. Such flood proofing measures may providing the city with the necessary create nuisances, or cause fraud on or P g y information for adopting a flood lain Geodetic Vettical Datum) of, the lowest victimization of the public. include, but.are not necessarily limited to P g P -habitable floor of all new or substantially p the following: management program; and establishing improved buildings or (iii) Variance shall only be granted upon a Anchorage to resist flotation and actuarial flood insurance rates. (b) the elevation to which sw or sub- a determination that the variance is the (9) Flood Plain - Any land area suscep- minimum necessary, considering the flood lateral movement. tible to being inundated by water as a stantially improved structure have been hazard to afford relief. b. Installation of watertight doors, g floodproofed. bulltheads, and shutters, or similar meth- result of a flood. (iv) Notify adjacent communities and/or (iv) In cases where the variance in- bul of construction. (10) Flood Plain Management - An overall counties and the Department of Natural wolves a lower level of flood protection program of corrective and preventive Resources, prior to any proposed alters- for buildings than what is ordinarily c. Reinforcement of walls to resist water measures for reducing flood damages andit required by this Ordinance, the applicant pressure. lion or relocation of a watercourse and over the promoting the wise use.of flood plains, submit evidence of such notifications to shall be notified in writing of tto reduce seepage of water throughwalls. P g the Federal Insurance Administrator. (igntherissuane of a he g ariianceswill resulttrator tj e. Addition of mass or weight to struc- (v) Keep a record of all permits, ap- (i increased premium rates for f1oR$ tures to resist flotation. including but not limited o emergency peals, variances and such other trans- g f. Installation of pumps to lower water preparedness plans, flood control works, actions and correspondence pertaining to insurance up to amounts as high as $25 floodproofing and flood plain management for $100 of insurance coverage, and (ii) levels in structures. regulations. the administration of this' ordinance. ing - An combination of (vi) Submit to the Federal Insurance such construction increases risks to 'e wasteCt treatment systems sorasstopprevent (11)stru Flaldoroofnon-structural additions, Administrator an annual report concerning and property. the community's participation, utilizing (v) All variances granted shall have tha the entrance of flood waters. changes, or the annual report form supplied by the concurrence Resources val of the Depar. practic s ffor pumping subsurface drainagees or, msystems arable including ueducuand mmnatefoary facidam- Federal Insurance Administrator. which will reduce or eliminate flood dam- Federal Notify the Federal Insurance Admin- (e) Hearings and Decisions of the Zoning for building to relieve external foundation age to such.structures. wall and basement flood pressures. istration of any annexations or modifica- Board ea Adjustment.rings. Upon the filing with t; i Construction to resist rupture or or2stream and those h tho eportions eof the flood tions to the community's boundaries, (i) Hearings ne water pressure or Zoning Board of Adjustment of an appe.<� collapse caused by plains adjoining the channel, which are (will) Review subdivision proposals to an application for a Conditional Use or floating debris. reasonably required to carry and dis- insure such proposals are consistent with request for a Variance, the Board sh�y j. Installation of valves or controls on Y q the purpose of this ordinance and advise hold a public hearing. The Board shall sanitary and storm drains which will charge flood waters or flood flows so that the City Council of potential conflicts. fix a reasonable time for the hearing and permit the drains to be closed to prevent area will confinement of flood flows to the floodway (2) Flood Plain Development Permit. give public notice thereof, as well as due backup of sewage and stormwaters into flood levelst result substantially andflow veloites higher (a) Permit Required. A Flood Plain Development Permit issued by the Admini- notice to parties in interest. At the the buildings or structures. Development shall a secured prier to initiation hearing, any party may appear in person k. Location of all electrical equipment, the Flo plat Fringe - Those portions o of any flood plain developri r (any man- or by agent or attorney and present circuits and installed electrical appliances the flood plain, other than the floodway, made change to improved r unimproved written or oral evidence. The Board may in a manner which will assure they are obstructed bwithoutt causing substantially require the appellant or applicant to not subject to flooding person higher flood levels or flow velocities. real estate, including but not limited to provide such information as is reasonably (f) Appeals to the Court. Any p buildings or other struct res, mining, deemed necessary and may request the or persons, jointly or severally, aggriev- (14) General Fl d Plain - Ab water ny land filling, grading, paving, excavation or drilling operations) including the place- ed y technical assistance and/or evaluation of t ed by any decision of tona couing rt of sas a tudied It a flooding iFl that e to being inun hasnot been od- ment of factory-built homes. professional engineer or other caper- of Adjustment may p (b) Application for Permit. Application person or agency, including the Depart- record a petition, duly verified, setting wa di delineation. and lotechn tecod hnical data are for a Flood Plain Development Permit shall ment of Natural Resources. forth that such decision is illegal, in not available to utilize the two district (ii) Decisions. The Board shall arrive 11 whole or in part, specifying the g floodwa s and floodway fringe zoning be made on forms supplied by the Admini- at a decision on an Appeal, Conditional of the illegality. Such petition shall be Y strator and shall include the following approach. Use or Variance within a reasonable time. presented to the court within thirty days In passing upon an appeal, the Board after the filing of the decision in the lowest enclosed(15) Lowest Farea in a building include may, so long as such action is in conform- office of the Zoning Board. a basement except when all the follow- ity with the provisions of this ordinance, Sec. 9.8. NONCONFORMING USES. A ing information: reverse or affirm, wholly or in part, or structure, or the use of a structure, or ing criteria are met: (i) Description of the work to be cover- modify the order, requirement, decision, the use of land, which was lawful before (a) The enclosed area is designed to ed by the permit for which application is or determination appealed from, and it the passage or amendment of this ordi- flood to equalize hydrostatic pressure to be made.P PP shall make its decision in writing, set nance but which is not in conformity with during floods with walls or openings that (ii) Description of the land on which the Ling forth the findings of fact and the the provisions of these regulations may be satisfy- the provisions of Section 9.5(1) proposed work is to be done (i.e., lot, reasons for its decision. In granting a continued subject to the following condi- (bj(i Thedenclosed area is unfinished (not block, tract, street address, or similar Conditional Use or Variance the Board tions: description) that will readily identify and shall consider such factors as contained (1) No such use shall be expanded, Sole et for low rydamage potential uses such locate the work to be done. in this section and all other relevant changed, enlarged, or altered in a way as building access, parking or storage, (iii) Identification of the use or occu- sections of this ordinance and may pre- which increases its nonconformity. pancy for which the proposed work is scribe such conditions as contained in (2) No structural alteration, addition, or and intended. Section 9.7(3)(e)(ii)(b). repair .to any nonconforming structure (c) Machinery and service facilities (e.g., (iv) Elevation of the 100-year flood. (a) Factors Upon Which the Decision of over the life of the structure shall exceed hot water heater, furnace, electrical (v) Elevation (in relation to National the. Board Shall be Based. In passing 50 percent of its value at the time of its use, unless the arevice) contained in the located at least one (1) foot labove athe Geodetic Vertical Datum) of the lowest upon applications for Conditional Uses or becoming a nonconforming floor (including basement) of buildings or requests for Variances, the Zoning Board structure is permanently changed to a (d) Y Th flood enclosed area is not a "base- of the level to which a building is to be shall consider all relevant factors speci- conforming use. floodproofed. fied in other sections of this ordinance (3) If such use is discontinued for 12 In c as defined in this section. (vie For buildings beiirn�g improved or and: consecutive months, any future use of the satisfies cases where the lowest enclosed area rebuilt, the estimated cdst m improve- (i) The danger to life and property due building premises shall conform to this satisfies criteria a, b, c, and d above, ments and market value 'of the building to increased flood heights or velocities ordinance. The assessor shall no the highesteenclosed area st floor is hthat odoes f not sat st - prior to the improvements. caused by encroachments. be Zoning Administrator in writing of in- g (vii) Such other information as the (ii) The danger that materials may stances of nonconforming uses which have f16) New criteria above. (new buildings, Administrator deems reasonably necessary swept onto other lands or downstream to been discontinued for 12 months. ( ) for the purpose of this ordinance. the injury of others. (4) If any nonconforming use orinclud- Lures or developmentrfor which otheststart (c) Action for Permit Application. The (iii) The proposed water supply and ture is destroyed by any means, Administrator shall, within a reasonable sanitation systems and the.ability of these ing floods; to an extent of 50 percent or of construction commenced on or after the time, make a determinationas to whether systems to prevent disease, contaipination more of its value prior to destruction, it effective date of the Flood Insurance Rate the proposed flood pia development and unsanitary conditions. shall not be reconstructed except in\ Map; meets the applicable prov'sioris and stan- susceptibility proposed flood, the magnitude of which has a,one (iv) The susce tibilit of the ro osed conformity with the provisions of this (17) One Hundred Year (100) Flood A dards of this ordinance at d shall approve facility and its contents to flood damage ordinance. percent chance of being equalled or or disapprove the application. For disap- on and the effect of such damage on the (5) Uses or adjuncts thereof which are ex p provals, the applicant shall be informed, individual owner. or become nuisances shall not be entitled exceeded in any given year or which, ed in writing, of the specific reasons there- The importance of the services to continue as nonconforming uses< the average, will be equalled or exceeded fore. The Administrator shall not issue (v) permits for Conditional Uses or Variances Prmmund by the proposed facility to the any useewhch haspt as tbeended �permittedbasea yearsast once every one hundred (100 except as directed by t ed Ie Zoning Board vi) The requirements of the facility for Conditional Use or Variance shall be orb erected cony the g'round�or attached-to of Adjustment. a flood plain location. considered a conforming use. (d) Construction and Use to be as (vile The availability of alternative Sec. 9.9. PENALTIES FOR VIOLATION. the ground, including, but not limited to, Provided in Application a d 'Plans. Flood locations not subject to flooding for the Violations of the provisions of this ordi- I buildings, factories, sheds, cabins, Plain Development Permits issued on the proposed use. nance or failure to comply with any of its factory-built homes, storage tanks, and basis of approved plans and applications (rill) The compatibility of the proposed requirements (including violations of other similar uses. authorize only the use, arrangement, and use with existing development and devel- conditions and safeguards established in rep Substantial improvement - Any construction set forth in such approved opment anticipated in the foreseeable connection with grants of Conditional Uses repair, reconstruction, f improvement or of plans and applications and no other use, future. or Variances) shall constitute a s thisde- ) a structure, the cost of which equals value � person who violates this exceeds 50 percent of the market value arrangement or construction. Any use, fut(ix The relationship of plan proposed meanor. Any P with an of of the structure either (a) before the arrangement or construction at variance use to the comprehensive and flood ordinance. or fails to comply Y [ with that authorized shall be deemed a lain management program for the area. its requrements shall, upon conviction improvement r repair is started, or (b) violation of this Ordinance and shall be p g if the structure has been damaged, and is (x) The safety of access to the property thereof, be fined not more than day r j being restored, before the damage occur- punishable as provided in Section 9.9. in times of flood for ordinary and emer- imprisoned for not more than 30 da s• red. For the purposes of this definition,se. Nothing "substantial improvement" is considered to The applicant shall be required to submit gency vehicles. Each day such violation continues shall be certification by professional engineer-or (xi) The expected heights, velocity, considered a separate offen land surveyor, as appropriate, registered herein contained shall prevent the City of ) occur when the first alteration of any Ames from taking such other lawful acti0d wall, ceiling, floor or other structural in the State of Iowa, that the finishedwhether as is necessary to prevent or remedy any part of the building commences, fill, building floor elevations, floodproof- I or not that alteration affects the external violation io . ing, or other flood protection measures v • dimensions of the structure. The term were accomplished in compliance with the Sec. 9.10. AMENDMENTS. The regulations, restrictions and boun- does not, however, include any project provisions of this Ordinance, prior to the daries set forth in this ordinance may for improvement of a structure to comply use or occupancy of any structure. use Conditional Uses, Appeals, end from time to time be amended, supple- with existing state or local health, sani- Variances. mented, changed, or repealed as provided tary, or safety code specifications whch (a) Appointment and D ies of Zoning in Sections 414.4, 414.5, and 414.21, are solely necessary to assure safe living art Code of Iowa, 1985 as amended. No conditions. Board of Adjustment: The Zoning Board amendment, supplement, change, or Section Two. Violations of the provisions of Adjustment which shall hear and decide (i) applications for Conditional Uses upon modification to this ordinance shall be of this ordinance shall constitute a misde- which the Board is authorized to pass undertaken without prior approval from meanor punishable by a fine not to exceed the Department of Natural Resources. $100.00 or by imprisonment for a period under this Ordinance; cite Appeals, and not to exceed 30 days. Section Three. (iii) requests for Variances to the rovi- Sec. 9.11. DEFINITIONS. q P Unless specifically defined below, words� All ordinances or parts of ordinances in sions of this Ordinance; and shall take any other action which is required of the or phrases used in this ordinance shall be conflict herewith are repealed to the Board. interpreted so as to give them the mean- extent of such conflict. ing they have in common usage and to Section Four. This ordinance s (b) Conditional Uses. Requests for hall be in e its most reasonable full force and effect from and after its ire this ordinance Conditional Uses shall be submitted to the application. (1) Basement - Any enclosed passage and publication as required by Administrator, who shall forward such to the Zoning Board of Adjustment for con- area of a building which has its floor or aw. sideration. Such requests shall include lowest level below ground level (subgrade) Nancy Gib onsltit3'--CleTribune, June 8. information ordinarily submitted with on all sides. Also see "lowest floor Nancy in The Doily applications as well as i any additional jg87. - information deemed necessary to the Zoning Board of Adiustment'