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HomeMy WebLinkAbout~Master - Amending Chapter 9 of Municipal Code, Flood Plain Ordinance ORDINANCE NO. 2976 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY REPEALING CHAPTER 9 AND ENACTING A NEW CHAPTER 9 RELATING TO THE FLOOD PLAIN ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PRO- VIDING A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED by the City Council of the City of Ames, Iowa: Section One. The Municipal Code for the City of Ames, Iowa, shall be and is hereby amended by repealing Chapter 9 and enacting a new Chapter 9 as follows: "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 responsibility to cities to enact zoning regulations to secure safety from flood and to promote health and the general welfare. (2) Findings of Fact. (a) The flood hazard areas of Ames are subject to periodic inundation which can result in loss of life and property and health; and safety hazards, disruption of commerce and govern- mental 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 velocities. (c) This ordinance relies upon engineering method- ology 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: k t+ (i) Determination of flood magnitudes and the corresponding flood frequencies by statis- tical and engineering 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 flood- way, 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. (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 designed to: (a) Reserve sufficient flood plain area for the conveyance of flood flows so that flood heights and velocities will not be increased substanti- ally. (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, includ- ing 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 proper- ty owners in the community to purchase flood insurance through the National Flood Insurance Program. . r 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 hereby 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 boundaries of the zoning district shall be determined by scaling distances on the Official Flood Plain Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map the Building Official shall make the necessary interpre- tation. The person contesting the location of the district boundary shall be given a reasonable oppor- tunity to present his case and submit technical evidence. (4) Compliance. No structure or land shall hereafter be used and no structure shall be located, ex- tended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations which apply to uses within the jurisdiction of this ordinance. (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 incon- sistent with this ordinance are hereby repealed to the extent of the inconsistency only. (6) Interpretation. In their interpretation and applica- tion, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State statutes. (7) Warning and Disclaimer of Liability. The degree of flood 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 restricted by debris. This ordinance does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Ames, Iowa, or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. (8) Severability. If any section, clause, provision or portion of this ordinance is adjudged unconstitu- tional or invalid by a court of competent jurisdic- tion, the remainder of this ordinance 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 flood- way 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. Within these districts all uses not allowed as Permitted Uses or authorized as Conditional Uses are prohibited, unless a variance to the term of 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 per- mitted within the Floodway District to the extent they are not prohibited by any other ordinance or I 1 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 equipment, excavation, or alteration of a water-course: (a) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting. (b) Industrial-commercial uses such as loading areas, parking areas, airport landing strips. (c) Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails. (d) Residential uses such as lawns, gardens, parking areas and play areas. (e) Such other open-space uses similar in nature to the above uses. (2) Conditional Uses. The following uses which involve structures (temporary or permanent), fill, storage of materials or equipment may be permitted only upon issuance of a Conditional Use Permit by the Zoning Board of Adjustment as provided 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. (e) Marinas, boat rentals, docks, piers, wharves. (f) Utility transmission lines, underground pipe- lines. (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 standards: (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 standards of the Floodway Fringe District and shall be constructed or aligned to present the minimum possible resistance to flood flows. (e) Buildings, if permitted, shall have a low flood damage 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 District 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. (h) Any fill allowed in the floodway must be shown to have some beneficial purpose and shall be limited to the minimum amount necessary. (i) Pipeline river or stream crossings shall be buried in the streambed and banks or other- wise 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 consis- tent with the need to minimize flood damage and shall meet the following applicable performance standards. (a) All structures shall (i) be adequately anchored to prevent flotation, collapse or lateral move- ment of the structure, (h) be constructed with materials and utility equipment resistant to flood damage, and (iii) be constructed by methods and practices that minimize flood damage. (b) Residential buildings. All new or substantially improved residential structures shall have the lowest floor, including basements, elevated a minimum of one (1) foot above the 100-year flood level. Construction shall be upon com- pacted 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 ele- vating (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 vehicles during the 100-year flood. (c) Non-residential buildings--All new and substan- tially improved 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 atten- dant utility and sanitary systems, be flood- proofed to such a level. When floodproofing is utilized a professional engineer registered in the State of Iowa shall certify that the flood- proofing methods used are adequate to with- stand the flood depths, pressures, velocities, impact 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 substantially 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 struc- tures 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 hydrostatic 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 profes- sional 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 struc- tures 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 struc- tures 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 shall be anchored to resist flotation, collapse, or lateral movement. (h) Factory-built homes including those placed in existing 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 infiltration of flood 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 protec- tion 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 mini- mize 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 prevent 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 freeboard 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. (j) Subdivisions (including factory-built home parks and subdivisions) shall be consistent with the need to minimize flood damages and shall have adequate drainage provided to reduce exposure to flood damage. Development associated with subdivision proposals shall meet the applicable performance standards. Subdivi- sion proposals intended for residential develop- ment 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 habitation. (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 flood- waters. (iv) Structures shall be firmly anchored to prevent flotation which may result in damage to other structures. (v) The structure's service facilities such as electrical and heating equipment shall be elevated or floodproofed 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 per- mitted 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 structures, factory- built homes, fill or other obstruction; the storage of materials or equipment; excavation; or alteration of a watercourse. (a) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting. (b) Industrial-commercial uses such as loading areas, parking areas, airport landing strips. (c) Private and public recreation uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launch- ing ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails. (d) Residential uses such as lawns, gardens, parking areas, and play areas. (2) Conditional Uses. Any use which involves place- ment of structures, factory-built homes, fill or other obstructions; the storage of materials or equipment; excavation; or alteration of a water- course 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 reviewed by the Department of Natural Resources to determine (i) whether the land involved is either wholly or partly within the flood- way or floodway fringe and (ii) the 100-year flood level. The applicant shall be responsible for pro- viding the Department of Natural Resources with sufficient technical information to make the deter- mination. (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 standards 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: a , (i) Review all flood plain development permit applications to insure that the provisions of this chapter will be satisfied. (ii) Review all flood plain development permit applications to insure that all necessary permits have been obtained from Federal, state or local governmental 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 sub- stantially improved structures have been floodproofed. (iv) Notify adjacent communities and/or counties and the Department of Natural Resources prior to any proposed altera- tion 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 adminis- tration of this ordinance. (vi) Submit to the Federal Insurance Administrator an annual report concerning the community's participation, 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 bound- aries. (viii) Review subdivision proposals to insure such proposals 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 struc- tures, mining, filling, grading, paving, exca- vation or drilling operations) including the placement of factory-built homes. (b) Application for Permit. Application for a Flood Plain Development Permit shall be made on forms supplied by the Administrator and shall include the following information: (i) Description of the work to be covered by the permit for which application is to be made. (ii) Description of the land on which the proposed work is to be done (i.e. , lot, block, tract, street address, or similar description) that will readily identify and locate the work to be done. (ui) 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 (includ- ing basement) of buildings or of the level to which a building is to be floodproofed. (vi) For buildings being improved or rebuilt, the estimated cost of improvements and market value of the building prior to the improvements. (vii) Such other information as the Administra- tor deems reasonably necessary for the purpose of this ordinance. (c) Action for Permit Application. The Administra- tor shall, within a reasonable time, make a determination as to whether the proposed flood plain development meets the applicable provi- sions and standards of this ordinance and shall approve or disapprove the application. For disapprovals, the applicant shall be informed, in writing, of the specific reasons therefore. The Administrator shall not issue permits for Conditional Uses or Variances except as di- rected 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 construc- tion. Any use, arrangement or construction at variance with that authorized shall be deemed a violation of this Ordinance and shall be punishable as provided in Section 9.9. The applicant shall be required to submit certifica- tion by a professional engineer or land surveyor, as appropriate, registered in the State of Iowa, that the finished fill, building floor elevations, floodproofing, or other flood protection measures were accomplished in compliance with the provisions of this Ordinance, prior to the use or occupancy of any structure. (3) Conditional Uses, Appeals, and Variances. (a) Appointment and Duties of Zoning Board of Adjustment. The Zoning Board of Adjustment which shall hear and 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 consideration. 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 authorize upon request in specific cases such variances from the terms of this ordi- nance 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 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 determination that the variance is the minimum necessary, considering the flood hazard to afford relief. (iv) In cases where the variance involves a lower level of flood protection for build- ings than what is ordinarily 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 in- creased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and (ii) such con- struction increases risks to life and property. (v) All variances granted shall have the concurrence or approval of the Depart- ment of Natural Resources. (e) Hearings and Decisions of the Zoning Board of Adjustment. (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 evaluation of a professional engineer or other expert person or agency, including the Depart- ment 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, set tang 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 pre- scribe 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 pass- ing 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: (i) The danger to life and prop- erty due to increased flood heights or velocities caused by encroachments. The danger that materials may be swept on to other lands or downstream to the injury of others. (iii) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. (iv) The susceptibility of the pro- posed facility 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 community. (vi) The requirements of the facili- ty for a flood plain location. (vii) The availability of alternative locations not subject to flooding for the proposed use. (viii) The compatibility of the pro- posed use with existing develop- ment and development antici- pated in the foreseeable future. (ix) The relationship of the pro- posed 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 vehi- cles. (xi) The expected heights, velocity, duration, rate of rise and sedi- ment 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 considera- tion of the factors listed above, the Board may attach such conditions to the granting of Conditional Uses or Variances as it deems necessary to further the purpose of this ordi- nance. Such conditions may include, but are not limited to: (i) Modification of waste disposal and water supply facilities. (ii) Limitation on period of use and operation. (iii) Imposition of operational con- trols, sureties, and deed re- strictions. (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 practical alter- native to achieving the purpose of this ordinance. (v) Floodproofing measures. Flood- proofing measures shall be designed consistent with the flood protection elevation for the particular area, flood veloci- ties, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors asso- ciated with the regulatory flood. The Zoning Board of Adjustment shall require that the applicant submit a plan or document certified by a regis- tered 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 neces- sarily limited to the following: a. Anchorage to resist flota- tion and lateral movement. b. Installation of watertight doors, bulkheads, and shutters, or similar meth- ods of construction. c. Reinforcement of walls to resist water pressure. d. Use of paints, membranes, or mortars to reduce seep- age of water through walls. e. Addition of mass or weight to structures to resist flo- tation. f. Installation of pumps to lower water levels in struc- tures. g. Construction of water sup- ply and waste treatment systems so as to prevent the entrance of flood waters. h. Pumping facilities or com- parable practices for sub- surface drainage systems for building to relieve ex- ternal foundation wall and basement flood pressures. i. Construction to resist rup- ture or collapse caused by water pressure or floating debris. j. Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and stormwaters into the buildings or struc- tures. k. Location of all electrical equipment, circuits and installed electrical appli- ances in a manner which will assure they are not subject to flooding. (f) Appeals to the Court. Any person or persons, 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 pro- visions of these regulations may be continued subject to the following conditions: (1) No such use shall be expanded, changed, enlarged, or altered in a way which increases its noncon- formity. (2) No structural alteration, addition, or repair to any nonconforming structure over the life of the struc- ture shall exceed 50 percent of its value at the time of its becoming a nonconforming use, unless the structure is permanently changed to a conforming use. (3) If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this ordinance. The assessor shall notify the Zoning Administrator in writing of in- stances 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 non- conforming 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, supple- mented, 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 modification 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 application. (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 unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. (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 pur- pose 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) Factory-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 complete inundation of normally dry land areas resulting from the overflow of streams or rivers or from the unusual and rapid runoff of surface waters from any source. (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. (7) Flood Insurance Rate Map - The official map pre- pared 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. (8) Flood Insurance Study - A study initiated, funded, and published by the Federal Insurance Administra- tion for the purpose of evaluating in detail the existence and severity of flood hazards; providing the city with the necessary information for adopting a flood plain management program; and establishing actuarial flood insurance rates. (9) Flood Plain - Any land area susceptible to being inundated by water as a result of a flood. (10) 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, flood- proofing and flood plain management regulations. (11) Floodproofing - Any combination of structural or non-structural additions, changes, or adjustments to structures, including utility and sanitary facili- ties which will reduce or eliminate flood damage to such structures. (12) Floodway - The channel of a river or stream and those portions 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. (13) 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. (14) 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. (15) 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 hydrostatic pressure during floods with walls or openings that satisfy the pro- visions of Section 9.5(1)(d)(i) and (b) The enclosed area is unfinished (not carpeted, drywalled, 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 satis- fies 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. (16) New Construction (new buildings, factory-built home parks) - Those structures or development for which the start of construction commenced on or after the effective date of the Flood Insurance Rate Map. 4 (17) 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. (18) 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. (19) Substantial improvement - Any repair, reconstruc- tion, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (a) before the improve- ment or repair is started, or (b) if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the build- ing commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications whch are solely necessary to assure safe living conditions. Section Two. Violations of the provisions of this ordinance shall constitute a misdemeanor punishable by a fine not to exceed $100.00 or by imprisonment for a period not to exceed 30 days. Section Three. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 26th day of May 1987. YZ!�� v B Nanc Gib rns, City Clerk 41arrytis, Mayor Pro-Tern