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HomeMy WebLinkAbout~Master - Amending Chapter 9, Establishing Floodplain Zoning District Regulations V P ORDINANCE NO. �1176 Y�L AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE V) CITY OF AMES, IOWA, BY REPEALING CHAPTER 9 AS IT NOW EXISTS AND ENACTING A NEW CHAPTER 9 FOR THE M PURPOSE OF ESTABLISHING FLOODPLAIN ZONING DISTRICT REGULATIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; ESTABLISHING A PENALTY AND SETTING AN QEFFECTIVE DATE. BE IT ORDAINED, by the City Council for the City of Ames, Iowa: Section One. The Municipal Code of the City of Ames, Iowa is O .9 hereby amended by : r "Sec. 9.1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, AND PURPOSE. Lt- U- (1) Statutory Authorization. The legislature of the State of 7 ? Iowa has, in Chapter 414 Code of Iowa, delegated the C1 responsibility to cities to enact zoning regulations to secure safety from flood and to promote health and the general welfare. wsT.NO. 1159`7 (2) Findings of Fact. STORY COUNTY, IOWA (a) The flood hazard areas of Ames are subject to peri- FILED FOR RECORD odic inundation which can result in loss of life and property and health; and safety hazards, disrup- tion of commerce and governmental services, ex- AM JUN 12 1992 00 traordinary public expenditures for flood protection f���G�-xs�ZkQ-,•-� and relief, and impairment of the tax base; all of SUSAN L VANDE OW.Recorder which adversely affect the health, safety, and ftordM Fbe9 1 is CA general welfare of the community. AUdW$Fee6 (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. STATE OF IOWA (c) This ordinance relies upon engineering methodology :;ry Ccu^Iy ss for analyzing flood hazards which is consistent with Entered 4:-fix _:,on this o? the standards established by the Department of Natural Resources. This methodology consists of a day c F.D. 19 A series of interrelated steps including: Coy,.ty A,, ditor (i) Determination of flood magnitudes and the By _22L corresponding flood frequencies by statistical eputy and engineering calculations which permits a consideration of such flood factors as expected BWK PAGE 1 5-29-92 frequency of occurrence, area inundated and depth of inundation. (ii) Calculation of water surface profiles based upon a hydraulic engineering analysis of the capability of the stream channel and overbank areas to convey flood flows. (iii) Computation and delineation of a floodway, an area which must be reserved (no obstruc- tions) for conveyance of flood flows so that flood heights and velocities will not be sub- stantially 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 mini- mizing those flood losses described in Section 9.1(2) with provisions designed to: (a) Reserve sufficient flood plain area for the convey- ance of flood flows so that flood heights and veloc- ities will not be increased by greater than one- tenth (.1) foot. (b) Restrict or prohibit uses which are dangerous to health, safety or property in times of flood or which cause excessive increases in flood heights or velocities. (c) Require that uses vulnerable to floods, including public utilities which serve such uses, be protected against flood damage at the time of initial con- struction. (d) Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard. (e) Assure that eligibility is maintained for property owners in the community to purchase flood insur- ance through the National Flood Insurance Program. Sec. 9.2. GENERAL PROVISIONS. (1) Lands to Which Ordinance Applies. This ordinance shall apply to all lands within the jurisdiction of the City of Ames, Iowa, shown on the Official Flood Plain Zoning Map to be within the base flood elevation boundaries. (2) Establishment of Official Flood Plain Zoning Map. The Flood Boundary Map prepared as part of the Flood Insur- ance Study for the city of Ames, Iowa, in 1980, and the one-tenth (.1) foot Floodway Alternative Map both adopt- BOOK PAGE-AIL 2 5-29-92 ed by ordinance number 2745 on January 22, 1980, are 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 Insur- ance 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 Offi- cial Zoning Map the Building Official shall make the necessary interpretation, provided however, that the Building Official may require the owner to provide a topographic survey of the land to assist in that inter- pretation. The person contesting the location of the district boundary shall be given a reasonable opportunity to present his or her case and submit technical evidence. (4) Compliance. No structure or land shall hereafter be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this 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 restric- tions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. (6) Interpretation. In their interpretation and application, the provisions of this ordinance shall be held to be minimum 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 engi- neering 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 dis- tricts 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 3 5-29-92 BOOK PAGE-4U q . for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. (8) Severability. If any section, clause, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remain- der 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 .1 foot Floodway Alternative Map. (2) Floodway Fringe (Overlay) District - The Floodway Fringe District shall be those areas shown as floodway fringe on the Flood Boundary Map. (3) General Flood Plain (Overlay)District - The area within the flood plain boundary line is the Floodway District and the Floodway Fringe District combined. 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 prohibit- ed, unless a use variance to the term of this ordinance is granted after due consideration by the Zoning Board of Ad- justment. Sec. 9.4. FLOODWAY (OVERLAY) DISTRICT. (1) Permitted Uses. The following uses shall be permitted within the Floodway District to the extent they are not prohibited by any other ordinance or underlying zoning district regulation, and provided they do not include placement of structures, factory-built homes, fill or other obstruction, the storage of materials or 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 recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, PAGE—; '� 4 5-29-92 swimming areas, parks, wildlife and nature pre- serves, game farms, fish hatcheries, shooting pre- serves, 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 issu- ance 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 pipelines. (g) Other uses similar in nature to uses described as permitted uses or listed conditional uses, which are consistent with the performance standards of Sub- section (3) below and the general spirit and purpose of this ordinance. (3) Performance Standards. All Floodway District uses al- lowed 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 base flood elevation 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. Evidence required will be a hydraulic study per- formed by a registered professional engineer for the area of drainage involved. BOOK ...PAGE-Aku— 5 5-29-92 (b) All uses within the Floodway District shall: (i) Be consistent with the need to minimize flood damage. (h) 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 facil- ity or system. (d) Structures, buildings and sanitary and utility systems, if permitted, shall meet the applicable performance standards of the Floodway Fringe Dis- trict 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 habita- tion. (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 otherwise sufficiently protected to prevent rupture due to channel degra- dation and meandering or due to the action of flood flows. (j) It shall be the responsibility of adjacent property owners to maintain the location and carrying capac- ity of the floodway adjacent to their property. 3;?L PACE Ja1LO -DDOK6 5-29-92 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 perfor- mance standards of the Floodway Fringe District. (2) Performance Standards. All uses must be consistent with the need to minimize flood damage and shall meet the following applicable performance standards. (a) All structures shall (i) be adequately anchored to prevent flotation, collapse or lateral movement of the structure, (ii) 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 mini- mum of one (1) foot above the base flood elevation level. Construction shall be upon compacted fill which shall, at all points, be no lower than one (1) foot above the base flood elevation level and extend at such elevation at least 18 feet beyond the limits of any structure erected thereon. Alternate methods of elevating (such as piers) may be allowed, subject to favorable consideration by the Zoning Board of Adjustment and issuance of a Conditional Use Permit, where existing topography, street grades, or other factors preclude elevating by fill. In such cases, the methods used must be adequate to support the structure as well as withstand the various forces and hazards associated with flooding. All new residential buildings shall be provided with a means of access which will be passable by wheeled vehicles during the base flood elevation. (c) Non-residential buildings--All new and substantially improved non-residential buildings shall have the first floor (including basement) elevated a minimum of one (1) foot above the base flood elevation level, or together with attendant utility and sani- tary systems, be floodproofed to such a level. When floodproofing is utilized, a professional engineer registered in the State of Iowa shall certify that the floodproofing methods used are adequate to 3PAGE / 7 5-29-92 withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associat- ed with the base flood elevation level, and that the structure, below the base flood elevation 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 structures are floodproofed shall be maintained by the Zoning Administrator. (d) Factory-built homes: (i) Factory-built homes including those placed in existing factory-built home parks or subdivi- sions shall be anchored to resist flotation, collapse, or lateral movement. (ii) Factory-built homes including those placed in existing factory-built homeparks or subdivi- sions shall be elevated such that the permanent foundation of the structure is a minimum of one (1) foot above the base flood elevation. (e) Utility and Sanitary Systems (i) All new and replacement sanitary sewage sys- tems shall be designed to minimize and elimi- nate infiltration of flood waters into the system as well as the discharge of effluent into flood waters. Wastewater treatment facil- ities shall be provided with a level of flood protection equal to or greater than one (1) foot above the base 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 flood- ing. (iii) New or replacement water supply systems shall be designed to minimize or eliminate infiltra- tion of flood waters into the system. Water supply treatment facilities shall be provided with a level of protection equal to or greater than one (1) foot above the base flood eleva- tion. (iv) Utilities such as gas or electrical systems shall be located and constructed to minimize or eliminate flood damage to the system and the risk associated with such flood damaged or impaired systems. PAGE.- 8 5-29-92 ,.�;�;�, . (f) Storage of materials and equipment that are flamma- ble, explosive or injurious to human, animal or plant life is prohibited unless elevated a minimum of one (1) foot above the base flood elevation 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. (g) Flood control structural works such as levees and flood walls, shall provide, at a minimum, protection from a base flood elevation 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. (h) 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. (i) 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 dam- age. Development associated with subdivision pro- posals shall meet the applicable performance stan- dards. Subdivision proposals intended for residen- tial development shall provide all lots with a means of vehicular access that will remain dry during occurrence of the base flood. (j) The exemption of detached garages, sheds, and similar structures from the current requirements for elevation 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 current requirements for elevation 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 floodwaters. 9 5-29-92 (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 base flood elevation level. Sec. 9.6. GENERAL FLOOD PLAIN (OVERLAY) DISTRICT (FP) . (1) Permitted Uses. The following uses shall be permitted within the General Flood Plain District to the extent they are not prohibited by any other ordinance or under- lying 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 launching ramps, swimming areas, parks, wildlife and nature pre- serves, game farms, fish hatcheries, shooting pre- serves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails. (d) Residential uses such as lawns, gardens, parking areas, and play areas. (2) Conditional Uses. Any use which involves placement of structures, factory-built homes, fill or other obstruc- tions; the storage of materials or equipment; excavation; or alteration of a watercourse may be allowed only upon issuance of a Conditional Use Permit by the 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 in- volved 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 sufficient technical information to make the determination. "'' 10 5-29-92 (3) Performance Standards. (a) All conditional uses, or portions thereof, to be located in the floodway as determined by the De- partment of Natural Resources shall meet the appli- cable 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 (Over- lay) District Sec. 9.7. ADMINISTRATION. (1) Appointment, Duties and Responsibilities of Zoning Admin- istrator (a) A Zoning Administrator designated by the City Manager shall administer and enforce this chapter and will herein be referred to as the Administrator. (b) Duties and responsibilities of the Administrator shall include, but not necessarily be limited to, the following: (i) Review all flood plain development permit applications to insure that the provisions of this chapter will be satisfied. (h) 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 Vertical Datum) of the lowest habitable floor of all new or substantial- ly improved buildings or b. the elevation to which new or substantial- ly improved structures have been floodproofed. (iv) Notify adjacent communities and/or counties and the Department of Natural Resources prior to any proposed alteration or relocation of a watercourse and submit evidence of such notifi- cations to the Federal Insurance Administrator. w PAGE 11 5-29-92 (v) Keep a record of all permits, appeals, varianc- es and such other transactions and correspon- dence pertaining to the administration 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 Administra- tor. (vii) Notify the Federal Insurance Administra- tion of any annexations or modifications to the community's boundaries. (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. Development means any man-made change to im- proved or unimproved real estate, including but not limited to buildings or other structures, mining, filling, grading, paving, excavation or drilling operations, including the placement of factory-built homes. (b) Application for Permit. Application for a Flood Plain 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. (iii) Identification of the use or occupancy for which the proposed work is intended. (iv) The base flood elevation. (v) Elevation (in relation to National Geodetic Vertical Datum) of the lowest floor (including -� 12 5-29-92 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 improve- ments. (vii) Such other information as the Administrator deems reasonably necessary for the purpose of this ordinance. (c) Action for Permit Application. The Administrator shall, within a reasonable time, make a determina- tion as to whether the proposed flood plain develop- ment meets the applicable provisions and standards of this ordinance and shall approve or disapprove the application. For disapprovals, the applicant shall be informed, in writing, of the specific reasons therefore. The Administrator shall not issue permits for Conditional Uses or Variances except as directed by the Zoning Board of Adjust- ment. (d) Construction and Use to be as Provided in Applica- tion and Plans. Flood Plain Development Permits issued on the basis of approved plans and applica- tions authorize only the use, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement or con- struction. Any use, arrangement or construction other than that which is authorized shall be deemed a violation of this Ordinance and shall be punish- able as provided in Section 9.9. The applicant shall be required to submit certification by a professional engineer or land surveyor, as appropri- ate, 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 Adjust- ment. 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) re- quests for Variances to the provisions of this Ordi- nance; and shall take any other action which is required of the Board. �. _ IM 13 5-29-92 (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 informa- tion 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 enforce- ment 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 trans- mit to the Zoning Board of Adjustment all the papers constituting the record upon which the action ap- pealed from was taken. (d) Variances. The Zoning Board of Adjustment may authorize upon request in specific cases such vari- ances from the terms of this ordinance as will not be contrary to the public interest, where owing to special conditions a strict enforcement of the provisions of this ordinance will result in unneces- sary hardship. Variances granted must meet the following applicable standards. (i) No variance shall be granted for any develop- ment within the Floodway District which would result in any increase in any increase in the base flood elevation. 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 vari- ance would result in an unnecessary 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 determi- nation that the variance is the minimum neces- sary, considering the flood hazard to afford relief. IX �� 14 5-29-92 (iv) In cases where the variance involves a lower level of flood protection for buildings 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 increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and (ii) such construction increases risks to life and property. (v) All variances granted shall have the concur- rence or approval of the Department 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 applica- tion for conditional use or a request for a variance, the Board shall hold a public hear- ing. The Board shall fix a reasonable time and publish notice of the hearing. At the hearing, any party may appear in person or by agent or attorney and present written or oral evi- dence. 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 Department of Natural Resources. (ii) Decisions. The Board shall arrive at a deci- sion 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, deci- sion, or determination appealed from, and it shall make its decision, in writing, setting forth the findings of fact and the reasons for its decision. In granting a Conditional Use or Variance the Board shall consider such factors as contained in this section and all other relevant sections of this ordinance and may prescribe such conditions as contained in Section 9.7(3)(e)(ii)(b) . a Factors Upon Which the Decision of the Board Shall be Based. In passing upon applications for Conditional Uses or 15 5-29-92 A requests for Variances, the Zoning Board shall consider all relevant factors speci- fied in other sections of this ordinance and: 1. The danger to life and property due to increased flood heights or veloci- ties caused by encroachments. 2. The danger that materials may be swept onto other lands or down- stream to the injury of others. 3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary condi- tions. 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such dam- age on the individual owner. 5. The importance of the services pro- vided by the proposed facility to the community. 6. The requirements of the facility for a flood plain location. 7. The availability of alternative locations not subject to flooding for the proposed use. 8. The compatibility of the proposed use with existing development and devel- opment anticipated in the foreseeable future. 9. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. 10. The safety of access to the property in times of flood for ordinary and emergency vehicles. 11. The expected heights, velocity, duration, rate of rise and sediment transport of the flood water expected at the site. rs; 7V 16 5-29-92 12. Such other factors which are relevant to the purpose of this ordinance. b. Conditions attached to Conditional Uses or Variances. Upon consideration of the factors listed above, the Board may attach such conditions to the granting of Condi- tional Uses or Variances as it deems necessary to further the purpose of this ordinance. Such conditions may include, but are not limited to: 1. Modification of waste disposal and water supply facilities. 2. Limitation on period of use and operation. 3. Imposition of operational controls, sureties, and deed restrictions. 4. Requirements for construction of channel modification, dikes, levees, and other protective measures, pro- vided such are approved by the Department of Natural Resources and are deemed the only practical alter- native to achieving the purpose of this ordinance. 5. Floodproofing measures. Flood- proofing measures shall be designed consistent with the flood protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The Zoning Board of Adjustment shall require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures are con- sistent with the regulatory flood protection elevation and associated flood factors for the particular area. Such floodproofing measures may include, but are not necessarily limited to the following: a) Anchorage to resist flotation and lateral movement. Sak E �� _ 17 5-29-92 b) Installation of watertight doors, bulkheads, and shut- ters, or similar methods of construction. c) Reinforcement of walls to resist water pressure. d) Use of paints, membranes, or mortars to reduce seepage of water through walls. e) Addition of mass or weight to structures to resist flotation. f) Installation of pumps to lower water levels in structures. g) Construction of water supply and waste treatment systems so as to prevent the entrance of flood waters. h) Pumping facilities or comparable practices for subsurface drain- age systems for building to relieve external foundation wall and basement flood pressures. i) Construction to resist rupture or collapse caused by water pressure or floating debris. j) Installation of valves or con- trols on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and stormwaters into the buildings or structures. k) Location of all electrical equipment, circuits and in- stalled electrical appliances in a manner which will assure they are not subject to flooding. (c) Appeals to the Court. Any person or per- sons, 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 n , 7(� 18 5-29-92 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. (1) In The Floodway. When located in the Floodway, a structure, or the use of a structure, or the use of land, which was lawful before January 1, 1981, but is not in conformity with the provisions of this ordinance may be continued subject to the following conditions: (a) No use shall be expanded or enlarged to cover more lot area, or changed to another use, unless that use is a permitted use. (b) If any nonconforming use or structure incurs sub- stantial damage of any origin or by any means, including floods, it shall not be reconstructed except in conformity with the provisions of this ordinance. (c) If any nonconforming use or structure incurs dam- age, but not to the extent of substantial damage, from any origin or by any means, it may be re- stored to the condition in which it existed as a nonconforming use or structure prior to damage. (d) A nonconforming structure may be remodeled with- out conforming to current requirements for elevation so long as the cumulative value of all remodeling work does not exceed 50% of the structure's market value as of January 1, 1981. If the cumulative value exceeds 50% of the structure's value, it may not be remodeled. (e) If a nonconforming use is discontinued for twelve (12) consecutive months, any future use of the buildings or premises shall conform to this ordi- nance. (2) In The Floodway Fringe. When located in the Floodway fringe, a structure, use of a structure or the use of land which was lawful before January 1, 1981, but is not in conformity with the provisions of this ordinance, may be continued subject to the following conditions: (a) If any nonconforming use or structure incurs sub- stantial damage of any origin or by any means, including floods, it shall not be reconstructed except in conformity with the provisions of this ordinance. 19 5-29-92 (b) If any nonconforming use or structure incurs dam- age, but not to the extent of substantial damage, of any origin or by any means, it may be restored to the condition in which it existed as a nonconforming use or structure prior to damage. (c) A nonconforming structure may be remodeled or enlarged without conforming to current require- ments for elevation so long as the cumulative value of all work does not exceed 50% of the structure's market value as of January 1, 1981. If the cumula- tive value of work does exceed 50% of the struc- ture's value, the lowest floor must be elevated to one foot above the base flood elevation, or if the structure is a nonresidential structure the lowest floor may be floodproofed in accordance with the requirements of Section 9.5(2) of this ordinance. (d) If a nonconforming use is discontinued for twelve (12) consecutive months, any future use of the buildings or premises shall conform to this ordi nance. Sec. 9.9 PENALTIES FOR VIOLATION. Any violation of the provisions of this chapter or fail- ure to comply with any of its requirements (including viola- tions of conditions and safeguards established in connection with grants of conditional uses or variances) may be prosecut- ed as a municipal infraction. Each day such violation contin- ues 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, including prosecution of the violation as a crimi- nal action. See. 9.10. AMENDMENTS. The regulations, restrictions and boundaries set forth in this ordinance may from time to time be amended, supplement- ed, changed, or repealed as provided in Sections 414.4, 414.5, and 414.21, Code of Iowa, 1987 as amended. No amendment, supplement, change, or modification to this ordi- nance 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 ordi- nance its most reasonable application. 20 - -.. 5 29 92 (1) Base Flood. The flood having a one percent chance of being equalled or exceeded in any given year for a giv- en area. (2) Base Flood Elevation (BFE) . The height to which the base flood is estimated to rise. (3) Development. Any man-made change in improved and unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations. (4) Existing Construction. Structures for which the "start of construction" commenced before the effective date of the initial FIRM (January 1, 1981) . "Existing construc- tion" may also be referred to as "existing structures". (5) Factory-Built Home. Any structure, designed for resi- dential use, which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation, on a building site. For the purpose of this ordinance factory-built homes include mobile homes, manufactured homes and modular homes and also include park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. (6) Flood Insurance Rate Map (FIRM). An official map of the community on which the Federal Emergency Manage- ment Agency has delineated both the areas of special flood hazards and the risk premium zones Applicable to the community. (7) Flood Insurance Study. The official report, provided by the Federal Emergency Management Agency. The re- port contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map. (8) Flood Proofing. A combination of structural provisions, changes, of adjustment to properties and structures subject to flooding primarily for the reduction or elimi- nation of flood damages to properties, water and sanitary facilities, structures, and contents of buildings in a flood hazard area. (9) Floodway. The channel of a stream and adjacent land areas that are required to carry and discharge the flood water of flood flows of any river or stream associated with the regulatory flood. In no event shall any floodway be designed to allow the water surface to rise over one tenth (.1) foot above the regulatory flood level. 21 5-29-92 (10) 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. (11) General Flood Plain. Area of the floodway fringe and the floodway combined. (12) Lowest Floor. The lowest floor of the lowest enclosed area (including basement) . (13) 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. (14) Structure. Anything constructed or erected, on the ground, or attached to the ground including, but with- out limiting the generality of the foregoing: buildings, factories, sheds, cabins, mobile homes, manufactured homes, other similar items, and walled and roofed build- ings, including gas or liquid storage tanks that are principally above ground. (15) Substantial Damage means damage of any origin sustained by a structure whereby the cost of restoring the struc- ture to its condition before the damage occurred would equal or exceed 50% of the market value of the structure before the damage occurred. (16) Substantial Improvement means any reconstruction, reha- bilitation, addition, or other improvement of a struc- ture, the cost of which equals or exceeds 50% of the market value of the structure before the "start of con- struction" of the improvement. This term includes struc- tures which have incurred "substantial damage" regard- less of the actual repair work performed. The terms does not, however, include either (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code speci- fications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions or (2) any alteration necessary to the structure's continued designation as a "historic structure". Section Two. Violation of the provisions of this ordinance prose- cuted as a municipal infraction are punishable as set out in Section 1.9, Ames Municipal Code. Section Three. All ordinances or parts of ordinances in conflict herewith shall be repealed to the extent of such conflict if any. .m . =-'-- 22 5-29-92 Section Four. This ordinance shall be in full force- and :effect from and after its passage and publication as required by law. f Passed this 1st day of June 1992' f Nancy Dio�, City Clerk Larry R Curtis, Mayor 0169 R y 23 5-29-92