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ORDINANCE NO. 3762
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES,IOWA,BY REPEALING SECTION 9.8 AND SUBSECTIONS 9.1(3)(A),
9.2(2), 9.3(1), 9.11(7), 9.11(17), 9.11(32), 9.5(2)(b), 9.5(2)(c), 9.5(2)(d)(ii),
(9.5(2)(e)(i), 9.5(2)(e)(iii), 9.5(2)(f), AND 9.5(2)0)Iv); AND RE-ADOPTING
THAT SECTION AND SUBSECTIONS REVISED TO AMEND THE FLOOD
PLAIN ZONING REGULATIONS; REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE
EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND
ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
repealing Section 9.8 and Subsections 9.1(3)(a), 9.2(2), 9.3(1), 9.11(7), 9.11(17), 9.11(32), 9.5(2)(b), 9.5(2)(c),
9.5(2)(d)(ii),(9.5(2)(e)(i),9.5(2)(e)(iii),9.5(2)(f),and 9.5(2)0)Iv);and re-adopting that Section and Subsections revised
to state as follows:
"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 July 16,2004,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 substantial 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 damage,but not to the extent
of substantial damage,from 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.
(d) Any nonconforming structure damaged by any origin to the extent that the
cost of restoring the structure to its before damage condition would be less than fifty(50)percent of
the market value of the structure before the damage occurred,may be rebuilt provided such rebuilding
does not increase the intensity of use,as determined by the number of dwelling units(for residences)
or floor area or ground coverage (for nonresidential uses), does not increase the nonconformity,
complies with all other legal requirements, and is completed within 18 months from the time of
damage.
(e) If a nonconforming use is discontinued for twelve(12)consecutive months,
any future use of the buildings or premises shall conform to this ordinance.
(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 July 16,2004,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 substantial damage of any
origin or by any means,including floods,it shall not be reconstructed except in conformity with the
provisions of this ordinance.
(b) If any nonconforming use or structure incurs damage,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.
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(c) Any nonconforming structure damaged by any origin to the extent that the
cost of restoring the structure to its before damage condition would be less than fifty(50)percent of
the market value of the structure before the damage occurred may be rebuilt provided such rebuilding
does not increase the intensity of use,as determined by the number of dwelling units(for residences)
or floor area or ground coverage (for nonresidential uses), does not increase the nonconformity,
complies with all other legal requirements, and is completed within 18 months from the time of
damage. If the cumulative value of improvements and work to the structure exceed the extent of 50%
or more of the market value of the structure before the damage occurred,the lowest floor must be
elevated to three(3)feet above the base flood elevation,or if the structure is a nonresidential structure,
the lowest floor may be flood proofed 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 ordinance.
(Ord.No. 2745, Sec. 8, 1-22-80; Ord. No. 2976,Sec. 1, 5-26-87; Ord.No. 3176, Sec. 1, 6-1-92)
Sec.9.1
(3)
(a) Reserve sufficient flood plain area for the conveyance of flood flows so that
flood heights and velocities will not be increased by greater than one(1)foot.
Sec. 9.2
(2) Establishment of Official Flood Plain Zoning Map. The Flood Boundary Map
prepared as part of the Flood Insurance Study for the City of Ames,Iowa,in 1980,and subsequently
thereafter during 2003 and 2004, as revised to conform to the flood boundary map prepared as part
of the Federal Emergency Management Agency(FEMA)Federal Insurance Rate Map(FIRM),Federal
Insurance Administration,Revised Flood Insurance Study, Teagarden Area Watershed, 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 said flood insurance studies and pertinent maps are also
adopted by this reference and made a part hereof.
(Ord.No. 3228, Sec. 2, 6-8-93)
Sec.9.3
(1) Floodway(Overlay)District-The Floodway District shall be consistent with the
boundaries of the one(1)foot floodway as shown on the Floodway Insurance Rate Map(FIRM).
Sec. 9.11
(7) Existing Construction. Structures for which the"start ofconstruction"commenced
before the effective date of the initial FIRM(July 16, 2004). 'Existing construction" may also be
referred to as"existing structures".
(17) Floodway or Regulatory Floodway. The channel of the river or watercourse and
the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one(1)foot.
(32) Substantial Improvement. Any repair, reconstruction, or improvement of a
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structure,the cost of which equals or exceeds fifty(50)percent of the market value of the structure
either (i) before the "start of construction" of the improvement, or (ii) if the structure has been
"substantially damaged" and is being restored, before the damage occurred. This 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 which are solely necessary to assure safe conditions for
the existing use. The term also does not include any alteration of an"historic structure",provided the
alteration will not preclude the structure's designation as an"historic structure."
Sec.9.5. FLOODWAY FRINGE(OVERLAY)DISTRICT.
(b) Residential buildings. All new or substantially improved residential
structures shall have the lowest floor, including basements, elevated a minimum of three(3)
feet above the base flood elevation level. Construction shall be upon compacted fill which
shall, at all points, be no lower than three (3) feet 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
three (3) feet above the base flood elevation level, or together with attendant utility and
sanitary 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 withstand the flood depths, pressures, velocities, impact and
uplift forces and other factors associated 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:
(ii) Factory-built homes including those placed in existing
factory-built homeparks or subdivisions shall be elevated such that the permanent foundation
of the structure is a minimum of three(3)feet above the base flood elevation.
(e) 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 three(3)feet above the base flood elevation.
(iii) New or replacement water supply systems shall be designed
to minimize or eliminate infiltration of flood waters into the system. Water supply treatment
facilities shall be provided with a level of protection equal to or greater than three (3) feet
above the base flood elevation.
(f) Storage of materials and equipment that are flammable,explosive or
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injurious to human, animal or plant life is prohibited unless elevated a minimum of three(3)
feet 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 avail-
able after flood warning.
(j) (v) The structure's service facilities such as electrical and heating
equipment shall be elevated or floodproofed to at least three (3) feet above the base flood
elevation level."
Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable
by a penalty of$500 for a person's first violation and$750 for each and every repeal violations.
Section Three. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of
such conflict,if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this 27th day of April 2004
Diane R.Voss,City Clerk Ted Ted co,Mayor
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