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HomeMy WebLinkAboutA003 - proof of publicaiton dated June 8, 1992 Proof of Publication in The THE DAILY TRIBUNE STATE OF IOWA,STORY COUNTY,as. I, Craig McMullin or Jeef-Rost, on oath depose and say that I am president, er of the THE DAILY TRIBUNE,a daily newspaper, printed at Ames, Story County, Iowa;that the annexed printed City of Ames Ordinance # 3176 was published in said newspaper for 1 consecutive weeks, the first and the last of said publication was on the 8th day of June 9 2 e • worn to befo me a d subs ibed i y p esence by Craig Mc I.1,jnan Rnst. this 9th day of June ' NE IC ©L *, ,• ,A Notary Public in and for the State of Iowa Fees,$ 3 7 7 . 88 on the Official Flood Plain Zoning Map to '(Overlay) District - The Floodway Fringe be within the tlase flood elevation bounda- District shall be those areas shown as ries. (2) Establishment of Official Flood floodway fringe on the Flood Boundary Map. Plain Zoning Map. The Flood Boundary Map (3) General Flood Plain (Overlay)District prepared as part of the Flood Insurance - The area within the flood plain boundary Study for the city of Ames, Iowa, in 1980; line is the Floodway District and the and the one-tenth (.1) foot Floodway Floodway Fringe District combined. The LEGAL NOTICE Alternative Map both adopted by ordinance boundaries are shown on the Official Flood number 2745 on January 22, 1980, are Plain Zoning Map. Within these districts ORDINANCE NO. 3176 hereby adopted by reference and declared all uses not allowed as Permitted Uses or AN ORDINANCE TO AMEND THE MUNICIPAL CODE to be the official Flood Plain Zoning Map. authorized as Conditional Uses are prohib- OF THE CITY OF AMES, IOWA, BY REPEALING The flood profiles and all explanatory ited, unless a use variance to the term of CHAPTER AS IT NOW EXISTS AND ENACTING A material contained with the Flood Insur- this ordinance is granted after due con- NEW CHAPTER 9 FOR THE PURPOSE OF ESTAB- ance study and the Flood Insurance Rate sideration by the Zoning Board of Adjust- LISHING FLOOOPLAIN ZONING DISTRICT REGULA-. maps are also declared to be a part of the ment. Sec. 9.4. FLOODWAY (OVERLAY) TIONS; REPEALING ALL ORDINANCES IN CON- ordinance. (3) Rules for Interpretation DISTRICT. (1) Permitted Uses. The fol- FLICT HEREWITH; ESTABLISHING A PENALTY AND of District Boundaries. The boundaries of lowing uses shall be permitted within the SETTING AN EFFECTIVE DATE. BE IT OR- the zoning district shall be determined by Floodway District to the extent they are DAINED, b the CityCouncil for the Cityscaling distances on the Official Flood not prohibited by any other ordinance or y Plain Zoning Map. Where interpretation is underlying zoning district regulation, and of Ames, Iowa: Section One. The IowMuna is needed as to the exact location of the provided they do not include placement of pal Code of the Cit of Ames, Iowa is structures, factor built homes fill or Y boundaries of the district as shown on the factory-built amended bFI Sec. 9.1. STATUTORY Official Zoning Map the Building Official other obstruction, the storage of materi- AUTHORIZATION, FINDINGS OF FACT, AND shall make the necessary interpretation, als or equipment, excavation, or altera- PURPOSE. ur Statutory Authorization. tion of a watercourse: a Agricultural The legislature of the State of Iowa has, provided however, that the Building Offi- ( ) 9 in Chapter 414 Code of Iowa, delegated the cial may require the owner to provide a uses such as general farming, pasture, responsibility to cities to enact zoning topographic survey of the land to assist grazing, outdoor plant nurseries, horti- regulations to secure safety from flood- in that interpretation. The person con- culture, viticulture, truck farming, and to promote health and the general testing the location of the district forestry, sod farming, and wild crop welfare. (2) Findings of Fact. (a) The boundary shall be given a reasonable harvesting. (b) Industrial-commercial flood hazard areas of Ames are subject to opportunity to present his or her case and uses such as loading areas, parking areas, periodic inundation which can result in submit technical evidence. (4) Compli- airport landing strips. (c) Private and loss of life and property and health; and ance. No structure or land shall hereaf- public recreational uses such as golf safety hazards, disruption of commerce and ter be used and no structure shall be courses, tennis courts, driving ranges, governmental services, extraordinary located, extended, converted or structur- archery ranges, picnic grounds, boat ,public expenditures for flood protection ally altered without full compliance with launching ramps, swimming areas, parks, and relief, and impairment of the tax the terms of this chapter and other appli- wildlife and nature preserves, game farms, base; all of which adversely affect the cable regulations which apply to uses fish hatcheries, shooting preserves, health, safety, and general welfare of the within the jurisdiction of this ordinance. target ranges, trap and skeet ranges, community. (b) These losses, hazards and (5) Abrogation and Greater Restrictions. hunting and fishing areas, hiking and 'related adverse effects are caused by (i) It is not intended by this ordinance to horseback riding trails. (d) Residential the occupancy of flood hazard areas by repeal, abrogate or impair any existing uses such as lawns, gardens, parking areas uses vulnerable to flood damages which easements, covenants, or deed restric- and play areas. (e) Such other open-space (create hazardous conditions as a result of tions. However, where this ordinance uses similar in nature to the above uses. being inadequately elevated or otherwise imposes greater restrictions, the provi- (2) Conditional Uses. The following uses 'protected from flood, and (ii) the cumula- sions of this ordinance shall prevail. which involve structures (temporary or tive effect of flood plain construction on All other ordinances inconsistent with permanent), fill, storage of materials or flood flows, which causes increases in this ordinance are hereby repealed to the equipment may be permitted only upon issu- flood heights and flood water velocities. extent of the inconsistency only. (6) ance of a Conditional Use Permit by the (c) This ordinance relies upon engineering Interpretation. In their interpretation Zoning Board of Adjustment as provided for methodology for analyzing flood hazards and application, the provisions of this in Sec. 9.7. Such uses must also meet the which is consistent with the standards ordinance shall be held to be minimum applicable provisions of the Floodway established by the Department of Natural requirements and shall be liberally con- District Performance Standards. (a) Uses Resources. This methodology consists of a strued in favor of the governing body and or structures accessory to open-space series of interrelated steps including: shall not be deemed a limitation or repeal uses. (b) Circuses, carnivals, and simi- ,(i) Determination of flood magnitudes and of any other powers granted by State lar transient amusement enterprises. (c) the corresponding flood frequencies by statutes. (7) Warning and Disclaimer of Drive-in theaters, new and used car lots, statistical and engineering calculations Liability. The degree of flood protection roadside stands, signs, and billboards. which permits a consideration of such required by this ordinance is considered (d) Extraction of sand, gravel, and other flood factors as expected requency of reasonable for regulatory purposes and is materials. (e) Marinas, boat rentals, occurrence, area inundated and depth of based on engineering and scientific meth- docks, piers, wharves. (f) Utility trans- inundation. (ii) Calculation of water ods of study. Larger floods may. occur on mission lines, underground pipelines. (g) surface profiles based upon a hydraulic rare occasions. Flood heights may be Other uses similar in nature to uses engineering analysis of the capability of increased by man-made or natural causes, described as permitted uses or listed the stream channel and overbank areas to such as ice jams and bridge openings conditional uses, which are consistent convey flood flows. (III) Computation and restricted by debris. This ordinance does with the performance standards of Subsec- delineation of a floodway, an area which not imply that areas outside the flood tion (3) below and the general spirit and must be reserved (no obstructions) for plain districts or land uses permitted purpose of this ordinance. (3) Perfor- conveyance of flood flows so that flood within such districts will be free from mance Standards. All Floodway District heights and velocities will not be sub- flooding or flood damages. This ordinance uses allowed as a Permitted or Conditional stantially increased by future encroach- shall not create liability on the part of Use shall meet the following standards: meat on the flood plain. (3) Purpose. It the City of Ames, Iowa, or any officer or (a) No use shall be permitted in the is the purpose of this ordinance to pro- employee thereof for any flood dame as Floodway District that would result in any mote the public health, safety, and gener- that result from reliance on this or di- increase in the base flood elevation el welfare by minimizing those flood nance or any administrative decision level. Consideration of the effects of losses described in Section 9.1(2) with lawfully made thereunder. (8) Severabili- any development on flood levels shall be provisions designed ec (a) Reserve ty. If any section, clause, provision or based upon the assumption that an equal sufficient flood plain area for the con- Portion of this ordinance is adjudged degree of development would be allowed for suffice of flood flows so that flood unconstitutional or invalid by a court of similarly situated lands. Evidence re- heights and velocities will not be in- competent jurisdiction, the remainder of quired will be a hydraulic study performed creased by greater than one-tenth (.1) this ordinance shall not be affected by a registered professional engineer for foot. (b) Restrict or prohibit uses which thereby. Sec. 9.3. ESTABLISHMENT OF t.e area of drainage involved. (b) All are den Brous to health, safety or proper- ZONING DISTRICTS. The flood plain areas uses within the Floodway District shall: @ within the jurisdiction of this ordinance (i) Be consistent with the need to mini - si in times of flood or which cause eloci- are hereby divided into the following mize flood damage. (ii) Use construction save increases in flood heights or able to districts: (1) Floodway (Overlay) Dis- methods and practices that will minimize ties. (c) Require that uses vulnerable to trict - The Floodway District shall be and resist flood damage. (III) Use con- floods, including public utilities which consistent with the boundaries of the struction materials and utility equipment serve such uses, be protected against floodway as shown on the .1 foot Floodway that are resistant to flood damage. (c) flood damage at the time of initial con- No use shall affect the capacity or con- struction. (d) Protect individuals from Alternative Map. (2) Floodway Fringe P Y buying lands which are unsuited for in- tended 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 juris- diction of the City of Ames, Iowa, shown waters into the system. Water supply veyance of the channel or floodway or any one (1) foot above the base flood eleva- treatment facilities shall be provided tributary to the main stream, drainage tion level, or together with attendant with a level of protection equal to or ditch, or any other drainage facility or utility and sanitary systems, be greater than one (1) foot above the base system. (d) Structures, buildings and floodproofed to such a level. When flood elevation. (iv) Utilities such as sanitary and utility systems, if permit- floodproofing is utilized, 'a professional gas or electrical systems shall be located ted, shall meet the applicable performance engineer registered in the State of Iowa and constructed to minimize or eliminate standards of the Floodway Fringe District shall certify that the floodproofing flood damage to the system and the risk and shall be constructed or aligned to methods used are adequate to withstand the associated with such flood damaged or present the minimum possible resistance to flood depths, pressures, velocities, impaired systems. (f) Storage of materi- flood flows. (e) Buildings, if permitted, impact and uplift forces and other factors als and equipment that are flammable, shall have a low flood damage potential associated with the base flood elevation explosive or injurious to human, animal or and shall not be for human habitation. level, and that the structure, below the plant life is prohibited unless elevated a (f) Storage of materials or equipment that base flood elevation level, is watertight minimum of one (1) foot above the base are buoyant, flammable, explosive or with walls substantially impermeable to flood elevation level. Other material and injurious to human, animal or plant life the passage of water. A record of the equipment must either be similarly elevat- is prohibited. Storage of other material certification indicating the specific ed or (i) not be subject to major flood may be allowed if readily removable from elevation (in relation to National damage and be anchored to prevent movement the Floodway District within the time Geodetic Vertical Datum) to which any due to flood waters or (ii) be readily available after flood warning. (g) Water- structures are floodproofed shall be removable from the area within the time course alterations or relocations (channel maintained by the Zoning Administrator. available after flood warning. (g) Flood changes and modifications) must be de- (d) Factory-built homes: (i) Factory- control structural works such as levees signed to maintain the flood carrying built homes including those placed in and flood walls, shall provide, at a capacity within the altered or relocated existing factory-built home parks or minimum, protection from a base flood portion. In addition, such alterations or subdivisions shall be anchored to resist elevation with a minimum of 3 ft. of relocations must be approved by the De- flotation, collapse', or lateral movement. design freeboard and shall provide for partment of Natural Resources. (h) Any (ii) Factory-built homes including those adequate interior drainage. In addition, fill allowed in the floodway must be shown placed in existing factory-built homeparks structural flood control works shall be to have some beneficial purpose and shall or subdivisions shall be elevated such approved by the Department of Natural be limited to the minimum amount neces-. that the permanent foundation of the Resources. (h) No use shall affect the sary. (i) Pipeline river or stream cross- structure is a minimum of one (1) foot capacity or conveyance of the channel or ings shall be buried in the streambed and above the base flood elevation. (e) floodway of any tributary to the main banks or otherwise sufficiently protected Utility and Sanitary Systems (i) All new stream, drainage ditch, or other drainage to prevent rupture due to channel degrada- and replacement sanitary sewage systems facility or system. (i) Subdivisions tion and meandering or due to the action shall be designed to minimize and elimi- (including factory-built home parks and of flood flows. (j) It shall be the nate infiltration of flood waters into the subdivisions) shall be consistent with the responsibility of adjacent property owners system as well as the discharge of efflu- need to minimize flood damages and shall to maintain the location and carrying ent into flood waters. Wastewater treat- have adequate drainage provided to reduce capacity of the floodway adjacent to their ment facilities shall be provided with a exposure to flood damage. Development property. Sec. 9.5. FLOODWAY FRINGE level of flood protection equal to or associated with subdivision proposals (OVERLAY) DISTRICT. (1) Permitted Uses. greater than one (1) foot above the base shall meet the applicable performance All uses within the Floodway Fringe Dis- flood elevation. (ii) On-site waste standards. Subdivision proposals intended trict shall be permitted to the extent disposal systems shall be located or de- for residential development shall provide that they are not prohibited by any other signed to avoid impairment to the system all lots with a means of vehicular access ordinance or underlying zoning district or contamination from the system during that will remain dry during occurrence of and provided they meet applicable perfor- flooding. (iii) New or replacement water the base flood. (j) The exemption of mance standards of the Floodway Fringe supply systems shall be designed to mini- detached garages, sheds, and similar District. (2) Performance Standards. All mize or eliminate infiltration of flood structures from the current requirements uses must-be consistent with the need to for elevation may result in increased minimize flood damage and shall meet the premium rates for insurance coverage of following applicable performance stan- (LEGALS Continued on B5) the structure and contents, however, said dards. (a) All structures shall (i) be detached garages, sheds, and similar adequately anchored to prevent flotation, accessory type structures are exempt from collapse or lateral movement of the struc- the current requirements for elevation ture, (ii) be constructed with materials when: (i) The structure shall not be and utility equipment resistant to flood used for human habitation. (ii) The damage, and (iii) be constructed by meth- structure shall be designed to have low ods and practices that minimize flood flood damage potential. (iii) The struc- damage. (b) Residential buildings. All ture shall be constructed and placed on new or substantially improved residential the building site so as to offer minimum structures shall have the lowest floor, resistance to the flow of floodwaters. including basements, elevated a minimum of (iv) Structures shall be firmly anchored one (1) foot above the base flood eleva- to prevent flotation which may result in tion level. Construction shall be upon damage to other structures. (v) The compacted fill which shall, at all points, structure's service facilities such as be no lower than one (1) foot above the electrical and heating equipment shall be base flood elevation level and extend at elevated or floodproofed to at least one such elevation at least 18 feet beyond the (1) foot above the base flood elevation limits of any structure erected thereon. level. Sec. 9.6. GENERAL FLOOD PLAIN Alternate methods of elevating (such as (OVERLAY) DISTRICT (FP). (1) Permitted piers) may be allowed, subject to favor- Uses. The following uses shall be permit- able consideration by the Zoning Board of ted within the General Flood Plain Dis- Adjustment and issuance of a Conditional trict to the extent they are not prohibit- Use Permit, where existing topography, ed by any other ordinance or underlying street grades, or other factors preclude zoning district and provided they do not elevating by fill. In such cases, the include placement of structures, factory methods used must be adequate to support built homes, fill or other obstruction; the structure as well as withstand the the storage of materials or equipment; various forces and hazards associated with excavation; or alteration of a water- flooding. All new residential buildings course. (a) Agricultural uses such as shall be provided with a means of access general farming, pasture, grazing, outdoor which will be passable by wheeled vehicles plant nurseries, horticulture, viticul- during the base flood elevation. (c) - ture, truck farming, forestry, sod farm- Non-residential buildings--All new and ing, and wild crop harvesting. (b) Indus- substantially improved non-residential trial-commercial uses such as loading buildings shall have the first floor areas, parking areas, airport landing (including basement) elevated a minimum of strips. (c) Private and public recreation uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature pre- serves, 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, gar- dens, 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; excava- tion; or alteration of a watercourse may be allowed only upon issuance of a Condi- tional Use Permit by the Zoning Board of Adjustment as provided for in Section 9.1(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 floodway or floodway fringe and (ii) the base flood elevation level. The applicant shall be' responsible for providing the Department of Natural Resources with arrangement or construction other than acclvn 1� sufficient technical information to make that which is authorized shall be deemed a sions of this ordinance, reverse or af- the determination. (3) Performance Stan- violation of this Ordinance and shall be firm, whollyor in art, or modifythe dards. (a) All conditional uses, or punishable as provided in Section 9.9. order, requirement, decision, or determi- portions thereof, to be located in the The applicant shall be required to submit nation appealed from, and it shall make floodway as determined by the Department certification by a professional engineer its decision, in writing, setting forth of Natural Resources shall meet the appli- or land surveyor, as appropriate, regis- the findings of fact and the reasons for cable provisions and standards of the tered in the State of Iowa, that the its decision. In granting a Conditional Floodway (Overlay) District. (b) All finished fill, building floor elevations, Use or Variance the Board shall consider conditional uses, or portions thereof, to floodproofing, or other flood protection such factors as contained in this section be located in the floodway fringe as measures were accomplished in compliance and all other relevant sections of this determined by the Department of Natural with the provisions of this Ordinance, ordinance and may prescribe such condi- Resources shall meet the applicable stan- prior to the use or occupancy of any tions as contained in Section dards of the Floodway Fringe (Overlay) structure. (3) Conditional Uses, Appeals, 9.7(3)(e)(ii)(b). a. Factors Upon Which District Sec. 9.7. ADMINISTRATION. (1) and Variances. (a) Appointment and Duties the Decision of the Board Shall be Based. Appointment, Duties and Responsibilities of Zoning Board of Adjustment. The Zoning In passing upon applications for Condi- of Zoning Administrator (a) A Zoning Board of Adjustment which shall hear and tional Uses or requests for Variances, the Administrator designated by the City decide (i) applications for Conditional Zoning Board shall consider all relevant Manager shall administer and enforce this Uses upon which the Board is authorized to factors specified in other sections of chapter and will herein be referred to as pass under this Ordinance; (ii) Appeals, this ordinance and: 1. The danger to life the Administrator. (b) Duties and respon- and (iii) requests for Variances to the and property due to increased flood sibilities of the Administrator shall in- provisions of this Ordinance; and shall heights or velocities caused by encroach- clude, but not necessarily be limited to, take any other action which is required of ments. 2. The danger that materials may :the following: (i) Review all flood plain the Board. (b) Conditional Uses. Re be swept onto other lands or downstream to development permit applications to insure quests for Conditional Uses shall be the injury of others. 3. The proposed that the provisions of this chapter will submitted to the Administrator, who shall water supply and sanitation systems and be satisfied. (ii) Review all flood plain forward such to the Zoning Board of Ad- the ability of these systems to prevent development permit applications to insure justment for consideration. Such requests disease, contamination and unsanitary that all necessary permits have been shall include information ordinarily conditions. 4. The susceptibility of the obtained from Federal, state or local submitted with applications as well as any proposed facility and its contents to governmental agencies. (iii) Record and additional information deemed necessary to flood damage and the effect of such damage maintain a record of: a. the elevation the Zoning Board of Adjustment. (c) Ap- on the individual owner. 5. The impor- (in relation to National Geodetic Vertical peals. Where it is alleged there is any tance of the services provided by the Datum) of the lowest habitable floor of error in any order, requirement, decision, proposed facility to the community. 6. all new or substantially improved build- or determination made by an administrative 1The requirements of the facility for a ings or b. the elevation to which new or official in the enforcement of this Ordi- flood plain location. 7. The availability substantially improved structures have nance, the aggrieved party may appeal such of alternative locations not subject to been floodproofed. (iv) Notify adjacent action. The notice of appeal shall be flooding for the proposed use. 8. The communities and/or counties and the De- filed with the Zoning Board of Adjustment 1compatibility of the proposed use with partment of Natural Resources prior to any and with the official from whom the appeal existing development and development proposed alteration or relocation of a is taken and shall set forth the specific anticipated in the foreseeable future. 9. watercourse and submit evidence of such reason for the appeal. The official from The relationship of the proposed use to notifications to the Federal Insurance whom the appeal is taken shall transmit to the comprehensive plan and flood plain Administrator. (v) Keep a record of all the Zoning Board of Adjustment all the management program for the area. 10. The permits, appeals, variances and such other papers constituting the record upon which safety of access to the property in times transactions and correspondence pertaining the action appealed from was taken. (d) of flood for ordinary and emergency vehi- to the administration of this ordinance. Variances. The Zoning Board of Adjustment cles. 11. The expected heights, velocity, (vi) Submit to the Federal Insurance may authorize upon request ,in specific duration, rate of rise and sediment trans- Administrator an annual report concerning cases such variances from the terms of port of the flood water expected at the the community's participation, utilizing this ordinance as will not be contrary to site. 12. Such other sectors which are the annual report form supplied. by the the public interest, where owing to spe- relevant to the purpose of this ordinance. Federal Insurance Administrator. (vii) cial conditions a strict enforcement of b. Conditions attached to Conditional Uses Notify the Federal Insurance Administra- the provisions of this ordinance will or Variances. Upon consideration of the tion of any annexations or modifications result in unnecessary hardship. Variances factors listed above, the Board may attach to the Community's boundaries. (viii) granted must meet the following applicable such conditions to the granting of Condi- Review subdivision proposals to insure standards. (i) No variance shall be tional Uses or Variances as it deems such proposals are consistent with the granted for any development within the necessary to further the purpose of this purpose of this ordinance and advise the Floodway District which would result in ordinance. Such conditions may include, City Council of potential conflicts. (2) any increase in any increase in the base but are not limited to: 1. Modification Flood Plain Development Permit. (a) flood elevation. Consideration of the of waste disposal and water supply facili- Permit Required. A Flood Plain Develop- effects of any development on flood levels ties. 2. Limitation on period of use and ment Permit issued by the Administrator shall be based upon the assumption that an operation. shall be secured prior to initiation of equal degree of development, would be 3. Imposition of operational controls, any flood plain development. Development allowed for similarly situated lands. sureties, and deed restrictions. 4. means any man-made change to improved or (ii) Variances shall only be granted upon Requirements for construction of channel unimproved real estate, including but not (i) a showing of good and sufficient modification, dikes, levees, and other limited to buildings or other structures, cause, (ii) a determination that failure protective measures, provided such are mining, filling, grading, paving, excava- to grant the variance would result in an approved by the Department of Natural tion or drilling operations, including the unnecessary hardship to the applicant, and Resources and are deemed the 'only practi- placement of factory-built homes. (b) (iii) a determination that the granting of cal alternative to achieving the purpose Application for Permit. Application for a the variance will not result in increased of this ordinance. 5. Floodproofing Flood Plain Development Permit shall be flood heights, additional threats to measures. Flood- proofing measures shall made on forms supplied by the Administra- public safety, or extraordinary public be designed consistent with the flood for and shall include the following infor- expense; create nuisances, or cause fraud protection elevation for the particular mation: (i) Description of the work to be on or victimization of the public. (iii) area, flood velocities, durations, rate of covered by the permit for which applica- Variance shall only be granted upon a rise, hydrostatic and hydrodynamic forces, tion is to be made. (ii) Description of determination that the variance is the and other factors associated with the the land on which the proposed work is to minimum necessary, considering the flood regulatory flood. The Zoning Board of be done (i.e., lot, block, tract, street hazard to afford relief. (iv) In cases Adjustment shall require that the appli- address, or similar description) that will where the variance involves a lower level cant submit a plan or document certified readily identify and locate the work to be of flood protection for buildings than by a registered professional engineer that done. (iii) Identification of the use or what is ordinarily required by this Ordi- the floodproofing measures are consistent occupancy for which the proposed work is nance, the applicant shall be notified in with the regulatory flood protection intended. (iv) The base flood elevation. writing over the signature of the Zoning elevation and associated flood factors for (v) Elevation (in relation to National Administrator that (i) the issuance of a the particular area. Such floodproofing Geodetic Vertical Datum) of the lowest variance will result in increased premium measures may include, but are not neces- floor (including basement) of buildings,or rates for flood insurance up to amounts as sarily limited to the following: a) of the level to which a building is to be high as $25 for $100 of insurance cover- Anchorage to resist flotation and lateral floodproofed. (vi) For buildings being age, and (ii) such construction increases movement. b) Installation of watertight improved or rebuilt, the estimated cost of risks to life and property. (v)'All doors, bulkheads, and shutters, or similar improvements and market value of the variances granted shall have the concur- methods of construction. c) Reinforce- building prior to the improvements. (vii) rence or approval of the Department of ment of walls to resist water pressure. Such other information as the Administra- Natural Resources. (e) Hearings and d) Use of paints, membranes, or mortars to for deems reasonably necessary for the Decisions of the Zoning Board of Adjust- reduce seepage of water through walls. e) purpose of this ordinance. (c) Action for ment. (i) Hearings. Upon the filing with Addition of mass or weight to structures Permit Application. The Administrator the Zoning Board of Adjustment of an to resist flotation. f) Installation of shall, within a reasonable time, make a appeal, an application for conditional use pumps to lower water levels in structures. determination as to whether the proposed or a request for a variance, the Board g) Construction of water supply and waste flood plain development meets the applica- shall hold a public hearing. The Board treatment systems so as to prevent the ble provisions and standards of this shall fix a reasonable time and publish entrance of flood waters. h) Pumping ordinance and shall approve or disapprove notice of the hearing. At the hearing, facilities or comparable practices for the application. For disapprovals, the any party may appear in person or by agent subsurface drainage systems for building applicant shall be informed, in writing, or attorney and present written 'or oral to relieve external foundation wall and of the specific reasons therefore. The evidence. The Board may require the basement flood pressures. i) Construction Administrator shall not issue permits for appellant or applicant to provide such to resist rupture or collapse caused by Conditional Uses or Variances except as information as is reasonably deemed neces- water pressure or floating debris. j) directed by the Zoning Board of Adjust- sary and may request the technical aasis- Installation of valves or controls on ment. (d) Construction and Use to be as tance and/or evaluation of a professional sanitary and storm drains which will Provided in Application and Plans. Flood engineer or other expert person or agency, permit the drains to be closed to prevent Plain Development Permits issued on the including the Department of Natural Re- backup of sewage and stormwaters into the basis of approved plans and applications (sources. (ii) Decisions. The Board buildings or structures. k) Location of authorize only the use, arrangement, and shall arrive at a decision on an Appeal, all electrical equipment,,circuits and in- construction set forth in such approved Conditional Use or Variance within a stalled electrical appliances in a manner plans and applications and no other use, (reasonable time. In passing upon an which will assure they are not subject to arrangement or construction. Any use, appeal, the Board may, so long as such flooding. (c) Appeals to the Court. Any Berson or persons, jointly or severally, Natural Resources. Sec. 9.11. DEFINI- aggrieved by any decision of the Zoning TIONS. Unless specifically defined below, Board of Adjustment may present to a court words or phrases used in this ordinance of record a petition, duly verified, shall be interpreted so as to give them setting forth that such decision is ille- the meaning they have in common usage and an project for improvement of a gal, in whole or in part, specifying the to give this ordinance its most reasonable I grounds of the illegality. Such petition application. (1) Base Flood. The flood structure t oJcorrect existing violations shall be presented to the court within having i one percent c ante of being of state or local health, sanitary, or thirty days after the filing of the deci- equalled or exceeded in any given_ year for safety b specificationsthe ocal whichode have eebeen sion in the office of the Zoning Board. a given area. (2) Base Flood Elevation Sec. 9.8. NONCONFORMING USES. nt (1) In BFE The height to w is t e ase pod officer and which are the minimum neces- The Floodwa When located in t� 15 estimated to rise. (3) Develo nt. sary to assure safe living conditions or F oo way, a structure, or the use of a (2) any alteration necessary to the struc- structure, or the use of land, which was ture's continued designation as a "histor- lawful before January 1, 1981, but is not is structure". Section Two. Violation of in conformity with the provisions of this Any man-made change in improved and unim- the provisions o this or finance prosecut- ordinance may be continued subject to the (proved real estate, including but not ed as a municipal infraction are punish- following conditions: (a) No use shall be limited to, buildings or other structures, able as set out in Section 1.9. Ames expanded or enlarged to cover more lot mining, dredging, filling, grading, pav- Municipal Code. Section Three. All area, or changed to another use, unless ing, excavation, or drilling operations. ordinances or parts of ordinances in that use is a permitted use. (b) If any 1(4) Existin Construction. Structures for conflict herewith shall be repealed to the nonconforming use or structure incurs sub- lwhic the start o construction" com- extent of such conflict if any. Section stantial damage of any origin or by any menced before the effective date of the Four. This ordinance shall be in 7M means, including floods, it shall not be initial FIRM (January 1, 1981). "Existing Torte and effect from and after its pas reconstructed except in conformity with construction" may also be referred to as sage and publication as required by law. the provisions of this ordinance. (c) If "existing structures". (5) Fact�or - Passed this 1st day of June, 1992. any nonconforming use or structure incurs ,Built Home. Any structure, des igned for Nancy Dionigi, City Clerk damage, but not to the extent of substan- _r_ei`TTe_n_ti­aT use, which is wholly or in Larry R. Curtis, Mayor tial damage, from any origin or by any Isubstantial part, made, fabricated, formed Published in The Daily Tribune June 8,1992. means, it may be restored to the condition ,or assembled in manufacturing facilities in which it existed as a nonconforming use for installation or assembly and installa- or structure prior to damage. (d) A tion, on a building site. For the purpose nonconforming structure may be remodeled of this ordinance factory-built homes without conforming to current requirements include mobile homes, manufactured homes for elevation so long as the cumulative and modular homes and also include park value of all remodeling work does not trailers travel trailers and other simi- exceed 50% of the structure's market value lar vehicles i placed on a site for greater as of January 1, 1981. If the cumulative than 180 consecutive days. (6) Flood value exceeds 50% of the structure's Insurance Rate Ma (FIRM) An official value, it may not be remodeled. (e) If a map oti t e community on which the Federal nonconforming use is discontinued for Emergency Management Agency has delineated twelve (12) consecutive months, any future both the areas of special flood hazards use of the buildings or premises shall and the risk premium zones Applicable to conform to this ordinance. (2) In The the community. (7) Flood Insurance Stud . Floodwa Fringe. When located in the The official report prov—ided by t e Fe - F oo way ringe, a structure, use of a eral Emergency Management Agency. The re- structure or the use of land which was port contains flood profiles, water sur- lawful before January 1, 1981, but is not face elevation of the base flood, as well in conformity with the provisions of this as the Flood Boundary-Floodway Map. (8) ordinance, may be continued subject to the Flood Proofin A combination of struc- following conditions: (a) If any noncom- aura provisions, changes, of adjustment forming use or structure incurs substan- to properties and structures subject to fo damage of any origin or by any means, flooding primarily for the reduction or including floods, it shall not be recon- elimination of flood damages to proper- structed 'except in conformity with the ties, water and sanitary facilities, provisions of this ordinance. (b) If any structures, and contents of buildings in a nonconforming use or structure incurs dam- flood hazard area. (9) Floodwa . The age, but not to the extent of substantial channel of a stream and a Jacent land damage, of any origin or by any means, it areas that are required to carry and may be restored to the condition in which discharge the flood water of flood flows it existed as a nonconforming use or of any river or stream associated with the structure prior to damage. (c) A noncon- regulatory flood. In no event shall any forming structure may be remodeled or floodway be designed to allow the water enlarged without conforming to current surface to rise over one tenth (.1) foot requirements for elevation so long as the above the regulatory flood level. (10) cumulative value of all work does not ,FMn e. Those portions of the exceed 50% of the structure's market value other than the floodway, as of January 1, 1981. If the cumulative w filled, leveed, or otherwise value of work does exceed 50% of the obstructed without causing substantially structure's value, the lowest floor must higher flood levels or flow velocities. be elevated to one foot above the base (11) General Flood Plain. Area of the flood elevation, or if the structure is a floodway ringe an t e oodway combined. nonresidential structure the lowest floor (12) Lowest Floor. The lowest floor of may be floodproofed in accordance with the the lowest enc ose area (including base- requirements of Section 9.5(2) of this ment). (13) New Construction. (new ordinance. (d) If a nonconforming use buildings, factory- ui t ome parks) - is discontinued for twelve (12) consecu- Those structures or development for which tive months, any future use of the build- the start of construction commenced on or ings or premises shall conform to this after the effective date of the Flood ordinance. Sec. 9.9 PENALTIES FOR VIOLA- 14 Structure. Insurance Rate Map. ( ) TION. Any violation of the provisions of Anything constructed or erected-,-o—n—tTie this chapter or failure to comply with any ground, or attached to the ground includ- of its requirements (including violations ing, but without limiting the generality of conditions and safeguards established of the foregoing: buildings, factories, in connection with grants of conditional sheds, cabins, mobile homes, manufactured uses or variances) may be prosecuted as a homes, other similar items, and walled and municipal infraction. Each day such roofed buildings, including gas or liquid violation continues shall be considered a storage tanks that are principally above separate offense. Nothing herein con- ground. (15) Substantial Damage means tained shall prevent the City of Ames from damage of any origin sum by a struc- taking such other lawful action as is ture whereby the cost of restoring the necessary to prevent or remedy any viola- structure to its condition before the tion, including prosecution of the viola- damage occurred would equal or exceed 501% tion as a criminal action. Sec. 9.10. of the market value of the structure AMENDMENTS. The regulations, restrictions before the damage occurred. (16) Substan- and boundaries set forth in this ordinance tial Im rovement means any reconstruct]on, may from time to,time be amended, supple- reha i nation, addition, or other im mented, changed, or repealed as provided provement of a structure, the cost of in SectioAs 414.4, 414.5, and 414.21, Code which equals or exceeds 50% of the market of Iowa, 1987 as amended. No amendment, value of the structure before the "start pplement, change, or modification to of construction" of the improvement. This this ordinance shall be undertaken without term includes structures which have in- prior approval from the Department of su curred "substantial damage'Qrfo9med�essThe of the actual repair work p terms does not, however, include either