HomeMy WebLinkAboutA002 - Commission Action Form dated August 5, 2009 ITEM # 9
DATE 08/05/09
COMMISSION ACTION FORM
SUBJECT: FLOOD PLAIN ZONING REGULATIONS TEXT AMENDMENTS
BACKGROUND:
The City of Ames has had a flood plain management ordinance to regulate development in
flood-prone areas since 1980. The regulations are codified in Chapter 9 Flood Plain Zoning
Regulations. These regulations have been amended several times since then, usually in
response to changes in the National Flood Insurance Program (NFIP). The ordinance was
most recently updated on January 8, 2008, to reflect the completion of a new Flood
Insurance Study by the Federal Emergency Management Administration (FEMA) and the
adoption of the most recent Flood Insurance Rate Maps.
At the March 3, 2009 City Council meeting, the Council directed staff to review the
ordinance and propose any appropriate changes. This review was prompted by, among
other things, an interpretation of the current regulations that require a conditional use
permit for any development in the floodway fringe. Staff also reviewed the current
ordinance to ensure it is compliant with the most current federal regulations and with the
State of Iowa model flood plain ordinance.
Reasons for Proposed Text Amendment
The main impetus for this review is to clarify that development in the floodway fringe does
not automatically trigger a need for a conditional use permit from the Zoning Board of
Adjustment. This requirement is not mandated by the City's participation in the National
Flood Insurance Program or by the state model ordinance.
The other significant policy change in the proposed amendments is that the administration
of the flood plain ordinance will be within the Department of Planning and Housing rather
than the Inspections Division of the Fire Department.
Many other changes are proposed but these correct typographical errors, rectify minor
omissions or errors from previous amendments, remove unneeded or duplicative wording,
and make stylistic changes to clarify meaning or remove ambiguity.
Impact of Proposed Text Amendment
The proposed amendments bring the Ames flood plain regulations in line with the required
regulations necessary to ensure the City's participation in the National Flood Insurance
Program. Participation in this program allows property owners to obtain subsidized flood
insurance. The City's responsibility is to "enact zoning regulations to secure safety from
flood and to promote the health and general welfare."
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The NFIP establishes,through the Federal Register, minimum rules that communities need
to enact in order to participate in the program. These rules regulate uses within the various
flood plain areas, define performance standards for allowed development, and describe
provisions for administrating the regulations. The City Council has the authority to enact
rules more strict than that required by the NFIP. Enacting relaxed regulations, or not
enforcing the minimum regulations, jeopardizes the City's participation in the National
Flood Insurance Program.
Upon completion of the draft amended ordinance, staff forwarded a copy to the Iowa
Department of Natural Resources (IDNR)who reviewed and offered comments. Staff then
met with several department heads and the City Attorney's office to discuss the proposed
amendments and clarify the impact of these amendments.
ALTERNATIVES:
1. The Planning and Zoning Commission may recommend to the City Council to adopt the
amended flood plain zoning regulations as proposed by staff to amend Chapter 9.
2. The Planning and Zoning Commission may recommend to the City Council to deny the
amended flood plain zoning regulations as proposed by staff to amend Chapter 9.
3. The Planning and Zoning Commission can refer this back to staff for additional
analysis.
RECOMMENDED ACTION:
These proposed amendments would add clarity to some aspects of the flood plain
management ordinance and its application within the City. For instance, the National Flood
Insurance Program does not require all development in the floodway fringe to seek a
conditional use permit from the Zoning Board of Adjustment. Rather,for permitted uses, it
requires that the project demonstrate that the minimum performance standards are met.
The Chief Building Official, whose department traditionally has been charged with the
administration of this chapter, supports the administration of this chapter to the Planning
and Housing Department. Since planning staff is involved in preparing reports to the
Zoning Board of Adjustment and coordinates site plan review, the administration of the
ordinance fits naturally into their existing duties. Planning staff, however, will continue to
draw upon the expertise of inspections staff, as well as engineering staff, for project and
site plan review.
The other proposed changes are minor and, as stated above, add clarity, remove
ambiguity, and correct minor errors in the existing text.
Therefore, it is staff's recommendation that the Planning and Zoning Commission act in
accordance with Alternative #1, which is to recommend to the City Council to adopt the
amended flood plain zoning regulations as proposed by staff.
S:\PLAN_SHR\Council Boards Comm issions\PZ\Commission Action Forms\Text Amendments\Flood Plain Ordinance-08-05-09.doc
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CHAPTER 9--------------------- --------------------------------- Deleted:
_------------------- — ---.._._.......-- —
FLOOD PLAIN ZONING REGULATIONS Formatted:Font:s Pt
Sec.9.1.STATUTORY AUTHORIZATION,FINDINGS OF FACT,AND
PURPOSE.
(1)Statutory Authorization.The legislature of the State of Iowa has,in Chapter 414 Code
of Iowa,delegated the responsibility to cities to enact zoning regulations to secure safety
from flood and to promote health and the general welfare.
(2)Findings of Fact.
(a)The flood hazard areas of Ames are subject to periodic inundation which can
result in loss of life and property;?ealt Vpd safety hazards,Ldisraption of Deleted:and
commerce and governmental services�extraordinary public expenditures for flood Deleted:;
-- ----------------
protection and relief-and impairment of the tax base;all of which adversel}�affect Deleted;,
the health,safety,and general welfare of the community. Deleted:
(b)These flood losses,hazards and related adverse effects are caused by(i)the Deleted:, --
occupancy of flood hazard areas by uses vulnerable to flood damages which —
create hazardous conditions as a result of being inadequately elevated or
otherwise protected from flood,and(ii)the cumulative effect of flood plain
construction on flood flows,which causes increases in flood heights and flood
water velocities.
(c)This ordinance relies upon engineering methodology for analyzing flood
hazards which is consistent with the standards established by the Department of
Natural Resources.This methodology consists of a series of interrelated steps
including:
(i)Determination of flood magnitudes and the corresponding flood
frequencies by statistical and engineering calculations which permits a
consideration of such flood factors as expected 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(with no additional obstructions)for conveyance of flood flows
so that flood heights and velocities will not be substantially increased by
future encroachment on the flood plain.
(3)Purpose.It is the purpose of this ordinance to promote the public health,safety,and
general welfare by minimizing those flood losses described in Section 9.1(2)with
provisions designed to:
(a)Reserve sufficient flood plain area for the conveyance of flood flows so that
flood heights and velocities will not be increased by greater than one(1)foot.
(Ord.No. 3762, 4-27-04)
(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 construction or
substantial improvement.
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(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 insurance through the National Flood Insurance Program. (Ord.
No. 2745, Sec. 1, 1-22-80; Ord.No. 2976,Sec. 1, 5-26-87; Ord.No. 3176, Sec. 1,
6-1-92)
See.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"Special Flood Hazard Areas Subject to Inundation by the 1%Annual____ _ .. Deleted:Deleted�base floodelevation-
- ---- - -- --- ...
Chance Flood". boundaries
(2)Establishment of Official Flood Plain Zoning Map.The Story County,Iowa and
Incorporated Areas Flood Insurance Rate Map(FIRM),City of Ames Panels 135, 140,
141, 142, 143, 144, 155, 161, 162, 163, 164, 168, 170,256,257„-76,_and 277 dated ............. Deleted:and
February 20,2008,prepared as part of the Federal Emergency Management Agency
(FEMA) _lood_Insurance Rate Map(FIRM),Flood_Insurance Study-dated_February 20. Deleted:Federal ll
----........... - — _...--J
2�and Digital FIRM equivalents are hereby adopted by reference and declared to be Deleted:Federal Insurance
-the Official Flood Plain Zonin Ma-._Ord_No. 3228,Sec. 2, 6-8 93; Ord.No. 3762, 4 `•, Adminisnation,Reused
27-04; Ord. 3769, 5-25-04; Ord.No. 3938, 1-08-08) Deleted:,
(3)Rules for Interpretation of District Boundaries.The boundaries of the zoning district Deleted:Teagarden Area watershed
shall be determined by scaling distances on the Official Flood Plain Zoning Map.Where Deleted:official
.................
interpretation is needed as to the exact location of the boundaries of the district as shown
on the Official Zoning Map the,Flood Plain Administrator shall make the necessary Deleted:Building official
interpretation,provided however,that the j-'lood Plain Administrator_may require the Deleted:Building official
owner to provide a topographic survey of the land to assist in that interpretation.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 restrictions,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 engineering
and scientific methods of study.Larger floods may occur on rare occasions.Flood
heights may be increased by man-made or natural causes,such as ice jams and bridge
openings restricted by debris.This ordinance does not imply that areas outside the flood
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plain districts or land uses permitted within such districts will be free from flooding or
flood damages.This ordinance shall not create liability on the part of the City of Ames,
Iowa,or any officer or employee thereof for any flood damages that result from reliance
on this ordinance or any administrative decision lawfully made thereunder.
(8)Severability.If any section,clause,provision or portion of this ordinance is adjudged
unconstitutional or invalid by a court of competent jurisdiction,the remainder of this
ordinance shall not be affected thereby. (Ord.No. 2745,Sec. 3, 1-22-80; Ord.No. 2976,
Sec. 1, 5-26-87; Ord.No. 3176, Sec. 1, 6-1-92)
Sec.9.3.ESTABLISHMENT OF ZONING OVERLAY DISTRICTS.
The flood plain areas within the jurisdiction of this ordinance are hereby divided into the
following zoningoverlay-districts:
verlay-districts: _
1 Floodwa verla istrict The Floodway Overla_Distract Dcludes the areas shown _-. Deleted:(
as YQ-- -- y_--- --- —---------------------�- -------- --------------
as"Floodway Areas in Zone AE"on the Offi_cial Flood Plain Zoning-
- ning MaplOrd:No. Deleted:
3762, 4-27-04) Deleted:shall be consistent with the
2 Floodway Frin a Overly lstrict The Floodway Fringe Overla District' cludes boundaries of the one(1)foot floodway
( ) Y g � �' �' g —
the areas shown as"Zone AE excluding the Floodway Areas in Zone AE"on the Official as
Flood Plain Zoning Map.. r,, Deleted:on
(3)General Flood Plain Overly istrict—The General Flood Plain OverlaDistrict Deleted:Floodway
includes the areas shown as"Zone A"on the Official Flood Plain Zoning Map Deleted:Insurance Rate Map(FIRM).
+{ Deleted:
Within these districts all uses not allowed as Permitted Uses or authorized as Conditional ";;. Deleted:)
Uses are prohibited unless a use variance to the terms of this ordinance is granted after Deleted:shall be those areas shown as 1
due consideration by the Zoning Board Of Adjustment. floodway fringe on the Flood Boundary J
Ord.No. 2745,Sec 3, 1-22-80; Ord.No.2809, Sec. 1, 3-9-82; Ord. 2976, Sec_1, 5-__ Map
= Deleted:
26-87; Ord.No. 3176,Sec. 1, 6-1-92).
Deleted:)
Sec.9.4.FLOODWAY O ISTRICT._ _ ___ __ _ ____ _ ___________________ �,�°
Deleted:-
(1)Permitted Uses.The following uses shall be permitted within the Floodway Overla ' Deleted:The area within the flood
District to the extent the are not prohibited b an other ordinance or underlyingzoning , plain boundary line is the Floodway
Y P Y Y g If District and the Floodway Fringe District
district regulation,and provided they do not include placement of structures,factory-built ', combined.The boundaries are shown on
?, the Official Flood Plain Zoning Map.
homes,fill or other obstruction,the storage of materials or equipment,excavation,or Within these districts all uses not allowed
alteration of a watercourse: as Permitted Uses or authorized as
(a)Agricultural uses such as general farming,pasture grazing outdoor plant Conditional Uses are prohibited unless> > use variance to the term of this ordinance
nurseries,horticulture,viticulture,truck farming,forestry,sod farming,and wild is granted after due consideration by the
crop harvesting. 'l, Zoning Board of Adjustment.
(b)Industrial-commercial uses such as loading areas,parking areas,airport Deleted:(
landing strips. Deleted:)
(c)Private and public recreational uses such as golf courses,tennis courts,driving
ranges,archery ranges,picnic grounds,boat launching ramps,swimming areas,
parks,wildlife and nature preserves,game farms,fish hatcheries,shooting
preserves,target ranges,trap and skeet ranges,hunting and fishing areas,hiking
and horseback riding trails.
(d)Residential uses such as lawns,gardens,parking areas and play areas.
(e)Such other open-space uses similar in nature to the above uses.
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(2)Conditional Uses.The following uses which involve structures(temporary or
permanent),fill,pr storage of materials or equipment may bepermitted_only upon............. _ Deleted:storage
issuance of a Conditional Use Permit by the Zoning Board of Adjustment as provided for
in Sec.9.7. Such uses must also meet the applicable provisions of the Floodway Overlay
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
Subsection(3)below and the general spirit and purpose of this ordinance.
(3)Performance Standards.All Floodway Overlay District uses allowed as a Permitted or
Conditional Use shall meet the following standards:
(a)No use shall be permitted in the Floodway Overlay 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 performed by a registered professional engineer
for the area of drainage involved.
(b)All uses within the Floodway Overlay District shall:
(i)Be consistent with the need to minimize flood damage.
(ii)Use construction methods and practices that will minimize and resist
flood damage.
(iii)Use construction materials and utility equipment that are resistant to
flood damage.
(c)No use shall affect the capacity or conveyance of the channel or floodway or
any tributary to the main stream,drainage ditch,or any other drainage facility or
system.
(d)Structures,buildings and sanitary and utility systems,if permitted,shall meet
the applicable performance standards of the Floodway Fringe Overlay District and
shall be constructed or aligned to present the minimum possible resistance to
flood flows.
(e)Buildings,if permitted,shall have a low flood damage potential and shall not
be for human habitation.
(f)Storage of materials or equipment that are buoyant, flammable,explosive or
injurious to human,animal or plant life is prohibited. Storage of other material
may be allowed if readily removable from the Floodway Overlay 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.
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(h)Any fill allowed in the floodway must be shown to have some up blic
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 degradation and
meandering or due to the action of flood flows.
0)It shall be the responsibility of adjacent property owners to maintain the
location and carrying capacity of the floodway adjacent to their property. (Ord.
No. 2745, Sec. 4, 1-22-80, Ord.No.2976, Sec. 1, 5-26-87;Ord.No. 3176, 6-1-92)
Sec.9.5.FLOODWAY FRINGE�OVERLAY�DISTRICT. ---- Deleted:
1 Permitted Uses.All uses within the Floodway Fringe Overlay District shall beDeleted:
permitted to the extent that they are not prohibited by any other ordinance or underlying
zoning district and provided they meet applicable performance standards of the Floodway
Fringe Overlay 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 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. (Ord.No. 3762, 4-27-04)
(c)Non-residential building!�_All new and substantially improved non-residential___.,---- Deletes:--
buildings shall have the owest floor(including basement)elevated a_mmunum__ o-- - Deleted:fusc
three(3)feet above the base flood elevation level,or together with attendant
utility and sanitary systems,be floodproofed to such a level.When floodproofmg
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 NTo Deleted:National Geodetic
5
American Vertical Datum)to which any structures are floodproofed shall be
maintained by the Elood Plain Administrator. (Ord.No. 3762, 4-27-04) ........................ oeietea Zoning Administrator
-------- -
(d)Factory-built homes:
(i)Factory-built homes including those placed in existing factory-built
home parks or subdivisions shall be anchored to resist flotation,collapse,
or lateral movement.
(ii)Factory-built homes including those placed in existing factory-built
home-parks 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. (Ord.No. 3762, 4-27-04)
(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. (Ord.NO. 3762,
4-27-04)
(ii)On-site waste disposal systems shall be located or designed to avoid
impairment to the system or contamination from the system during
flooding.
New or replacement water supply systems shall be_designed to Deleted:
minimiz
e 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.(Ord.
No. 3762,4-27-04)
(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.
(f)Storage of materials and equipment that are flammable,explosive or 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 available after flood warning. (Ord. No. 3762, 4-27-
04)
(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.hi addition,the Department of Natural Resources must approve any
alteration or relocation of any stream.
(i)Subdivisions(including factory-built home parks and subdivisions)shall be
consistent with the need to minimize flood damages and shall have adequate
6
drainage provided to reduce exposure to flood damage.Development associated
with subdivision proposals shall meet the applicable performance standards.
Subdivision proposals intended for residential development shall provide all lots
with a means of vehicular access that will remain dry during occurrence of the
base flood.Proposed subdivision plats greater that five(5)acres or fifty(50)lots
(whichever is fewer)shall include base flood elevation data for those areas
located within the Floodway,Floodway Fringe,or General Floodway Overlay
Districts on the preliminary plat and final plat.
0)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.
(iv)FThe structure shall be firmly anchored to prevent flotation which may Deleted:structures
-
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 three(3)feet above
the base flood elevation level. (Ord.No. 3762, 4-27-04)
(k)For all new and substantially improved structures:
(i)Fully enclosed areas below the"lowest floor"(not including
basements)that are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the
entry and exit of floodwaters.Designs for meeting this requirement must
either be certified by a registered professional engineer or meet or exceed
the following minimum criteria:
a.A minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area subject
to flooding shall be provided.
b.The bottom of all openings shall be no higher than one foot
above grade.
c. Openings may be equipped with screens,louvers,valves,or
other coverings or devices provided that they permit the automatic
entry and exit of floodwaters.
Such areas shall be used solely for parking of vehicles,building access,
and low damage potential storage.
(ii)New and substantially improved structures must be designed(or
modified)and adequately anchored to prevent flotation,collapse,or lateral
movement of the structure resulting from hydrodynamic and hydrostatic
loads,including the effects of buoyancy.
(iii)New and substantially improved structures must be constructed with
electrical,heating,ventilation,plumbing and air conditioning equipment
and other service facilities that are designed and/or located so as to prevent
water from entering or accumulating within the components during
conditions of flooding. (Ord. No. 3338,Sec. 1, 7-25-95)
(1)Recreational vehicles placed on sites within Elie Floodway L Fringe Overlay Deleted:zones
--------- ----- �
District k4j�_ .................. --------------------- ---------- Deleted:Al-30,W and AE on the
(i)Be on the site for fewer than 180 consecutive Flood Insurance Rate(FIRM)established
for
for the City of Ames
Be fully licensed and read for higlia ay use. recreational vehicle is----------- ------- ---------------- ----- -- _ y__ ------------------------------- ------ - Deleted: either
ready for highway use if it is on its wheels or jacking system;is attached
Deleted: be fully licensed and ready
to the site only by disconnect type utilities and security devices,and has for highway use,orl
no permanent attached additions. Deleted:Meet the permit,elevation and
Recreational vehicles that are located on the site for more than 180 anchoring requirements for
consecutive days or are not read y for hi way use must satisfy "manufactured homes".
requirements of Section 9.5(d)of this Ordinance regarding anchoring an
elevation of factory-built homes. (Ord.No. 3338, Sec. 1, 7-25-95)(Ord.
No. 2745, Sec. 5, 1-22-80, Ord.No. 2976, Sec. 1, 5-26-87; Ord. No. 3176,
Sec. 1, 6-1-92)
Sec.9.6.GENERAL FLOOD PLAIN PVERLAY._DISTRICT_(Fp),.............
(1)Permitted Uses.The following uses shall bepermitted---within-- ---the General Flood_Plain Deleted:
Overlay District to the extent they are not prohibited by any other ordinance or
underlying zoning district and provided they do not include placement of structures,
factory built homes,fill or other obstruction;the storage of materials or equipment;
excavation;or alteration of a watercourse.
(a)Agricultural uses such as general fanning,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 preserves,game farms,fish hatcheries,shooting
preserves,target ranges,trap and skeet ranges,hunting and fishing areas,hiking
and horseback riding trails.
(d)Residential uses such as lawns,gardens,parking areas,and play areas.
(2)Conditional Uses.Any use which involves placement of structures,factory-built
homes,fill or other obstructions;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 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 sufficient technical information to make the
determination.
(3)Performance Standards.
(a)All conditional uses,or portions thereof,to be located in the floodway as
determined by the Department of Natural Resources shall meet the applicable
provisions and standards of the FloodwayQyerlayJE)istrict. Deleted:
--------------------------------------------
Deleted:
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(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�Overlayp_strict.(Ord_No. 2745,Sec. 6, 1-22- Deleted:(
80; Ord.No. 2976, Sec. 1, 5-26-87; Ord.No. 3176,Sec. 1, 6-1-92) Deleted:)
See.9.7.A UNISTRATION.
1 Appointment,Duties and Responsibilities of, lood Plain Administrator Deleted:zoning
a e,flood Plain A_dministratortshall be the Director of the Department of ,_ Deleted:A
Plannin and FIousin or his/her desi ee and shall administer and enforce this
g � � - Deleted:Zoning
chapter and will herein be referred to as the Administrator. [Deleted:designated by the City
(b)Duties and responsibilities of the Administrator shall include,but not Manager
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.
(ii)Review all flood plain development permit applications to insure that
all necessary permits have been obtained from Federal,state or local
governmental agencies.
(iii)Record and maintain a record of-
a.the elevation(in relation to North American Vertical Datum)of Deleted:national Geodetic
the lowest habitable floor of all new or substantially improved
buildings or
b.the elevation to which new or substantially 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 notifications to the Federal
Insurance Administrator.
(v)Keep a record of all permits,appeals,variances and such other
transactions and correspondence pertaining to the administration of this
ordinance.
(vi)Submit to the Federal Insurance Administrator,@_ny required report Deleted:an annnal
concerning the community's participatior�in the National_Flood Insurance___ . Deleted:,utilizing the annual report
Program. form supplied by the Federal Insurance
(vii)Notify the Federal Insurance Administration of any annexations or Administrator
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 improved 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.
9
(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 North American Vertical Datum)of the lowest - -- Deleted:National Geodetic
floor(including basement)of buildings or of the level to which a building
is to be floodproofed.
(vi)For buildings being improved or rebuilt,the estimated cost of
improvements and market value of the building prior to the improvements.
(vii) Such other information as the Administrator deems reasonably
necessary for the purpose of this ordinance.
(c)Action for Permit Application.The Administrator shall,within a reasonable
time,make a determination as to whether the proposed flood plain development
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 Adjustment.
(d)Construction and Use to be as Provided in Application and Plans.Flood Plain
Development Permits issued on the basis of approved plans and applications
authorize only the use,arrangement,and construction set forth in such approved
plans and applications and no other use,arrangement or construction.Any use,
arrangement or construction other than that which is authorized shall be deemed a
violation of this Ordinance and shall be punishable as provided in Section 9.9.
(e)The applicant shall be required to submit certification by a professional
engineer or land surveyor,as appropriate,registered in the State of Iowa,that the
finished fill,building floor elevations,floodproofing,or other flood protection
measures were accomplished in compliance with the provisions of this Ordinance,
prior to the use or occupancy of any structure.
(3)Conditional Uses,Appeals,and Variances.
(a)Appointment and Duties of Zoning Board of Adjustment.The Zoning Board
of Adjustmentrshall .-- Deleted:—which
- hear- - -and---------decide------------------------ ------ ---- ---
(i)Aeq nests for Conditional Uses upon which the Board is authorized to Deleted:applications
pass under this Ordinance;
(ii)Appeals,and
(iii) _e uests for Variances to the provisions-of-this Ordinance;_and_________ --- Deleted:requests
(iv),All other actions_which a required of the Board. Deleted:shall rake any
(b)Conditional Uses.Requests for Conditional Uses shall be submitted to the Deleted:i —-- --
- -
— - - ---- ... s
Administrator,who shall forward such-to the-Zoning Board of Adjustment for Deleted:Requests
10
consideration. Such requests shall include information ordinarily submitted with
applications as well as any additional information deemed necessary the____________ Deleted:to
Zoning Board of Adjustment.
(c)Appeals.Where it is alleged there is any error in any order,requirement,
decision,or determination made byfhe Flood Plain Administrator_in the ----- Deleted:an administrative official_ 1
- -----------------------
enforcement of this Ordinance,the aggrieved party may appeal such action.
Applications forAppeals shall be submitted to the Flood Plain Administrator,who
shall forward such to the Zoning Board of Adjustment for consideration.Such
applications shall include information ordinarily submitted with applications as
well as any additional information deemed necessary by the Zoning Board of
Adjustment.The notice of appeal shall be,submitted to the Flood Plain Deleted:filed with the zoning Board of
Adjustment and with the official from
Administrator and shall set forth the specific reason for the appeal.The Flood whom the appeal is taken
Plain Administratortshall transmit to the Zoning Board of Ad_ustment all the -- ----
- — Deleted:official from whom the appeal
papers constituting the record upon which the action appealed from was taken.
(d)Variances. Requests for Variances shall be submitted to the Flood PlainDeleted:is taken
Administrator who shall forward such to the Zoning Board of Adjustment. Such
requests shall include information ordinarily submitted with applications as well
as any additional information deemed necessary by the Zoning Board of
Adjustment.The Zoning Board of Adjustment may authorize upon request in
specific cases such variances 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 unnecessary
hardship.Variances granted must meet the following applicable standards.
(i)No variance shall be granted for any development within the Floodway
Overlay District which would result,in any increase in the base flood Deleted:;o any increase
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 W_a showing of good and Deleted:i
sufficient cause,0)a determination that failure to grant the variance Deleted:ii
- -- - --- --- -
would result in an unnecessary hardship to the applicant,and(_a
_ Deleted:iii
determination that the granting of the variance will not result in increased
flood heights,additional threats to public safety,,ex aordinarypublic----------- -- Deleted:or
expense;create nuisances,or cause fraud on or victimization of the public.
(iii)Variance shall only be granted upon a determination that the variance
is the minimum necessary,considering the flood hazard,to afford relief.
(iv)In cases where the variance involves a lower level of flood protection
for buildings than what is ordinarily required by this Ordinance,the
applicant shall be notified in writing over the signature of the Flood Plain
administrator that(A the issuance of a variance will result in increased Deleted:Zoning
- ------------------------------------------ ----- —
premium rates for flood insurance up to amounts as high as$25 for$100 Deleted:i
of insurance coverage,and())such construction increases risks to life-and-----._ Deleted:ii
property.
(v)All variances granted shall have the concurrence or approval of the
Department of Natural Resources.
(e)Hearings and Decisions of the Zoning Board of Adjustment.
11
(i)Hearings.Upon the filing with the Zoning Board of Adjustment Xf a Deleted:of an appeal,an application
re uest or a Conditional{Use,an Appeal,orb request for a Variance,the Deleted:
Board shall hold a public hearing.The Board shall fix a reasonable time Deleted:conditional
and publish notice of the hearing.At the hearing,any party may appear in Deleted;use
person or by agent or attorney and present written or oral evidence.The Deleted:a request for — �
Board may require the appellant or applicant to provide such information
as is reasonably deemed necessary and may request the technical Deleted:variance
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 decision o a Conditional Use, Deleted: an Appeal,
Appeal,or Variance within a reasonable time. In passing upon an eal, Deleted:appeal
the Board may,so long as such action is in conformity with the provisions
of this ordinance,reverse or affirm,wholly or in part,or modify the order,
requirement,decision,or determination appealed from,and it shall make
its decision,in writing,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 escrlbed Deleted:contained in Section
below. 9.7(3)(e)(ii)(b)
a.Factors Upon Which the Decision of the Board Shall be Based. In
passing upon e� quests for Conditional Uses or Variances,the Zoning__________, Deleted:applications
-- —
Board shall consider all relevant factors specified in other sections of this Deleted:requests for
ordinance and:
1.The danger to life and property due to increased flood heights or
velocities caused by encroachments.
2.The danger that materials may be swept onto other lands or
downstream 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 conditions.
4.The susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the individual
owner.
5.The importance of the services provided 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 development 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.
12
11.The expected heights,velocity,duration,rate of rise and
sediment transport of the flood water expected at the site.
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
Conditional 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,provided such are approved
by the Department of Natural Resources and are deemed the only
practical alternative to achieving the purpose of this ordinance.
5.Floodproofmg 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 floodproofmg measures
are consistent with the regulatory flood protection elevation and
associated flood factors for the particular area.Such floodproofmg
measures may include,but are not necessarily limited to the
following:
a)Anchorage to resist flotation and lateral movement.
b)Installation of watertight doors,bulkheads,and shutters,
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 drainage 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 controls on sanitary and storm
drains which will permit the drains to be closed to prevent
13
backup of sewage and stormwaters into the buildings or
structures.
k)Location of all electrical equipment,circuits and
installed electrical appliances in a manner which will assure
they are not subject to flooding.
(c)Appeals to the Court.Any person or persons,jointly or severally,aggrieved by
any decision of the Zoning Board of Adjustment may present to a court of record
a petition,duly verified,setting forth that such decision is illegal,in whole or in
part,specifying the grounds of the illegality. Such petition shall be presented to
the court within thirty days after the filing of the decision in the office of the
Zoning Board. (Ord.No. 2745, Sec. 7, 1-22-80; Ord.No. 2976,Sec. 1, 5-26-87,
Ord.No. 3176, Sec. 1, 6-1-92)
Sec.9.8.NONCONFORMING USES.
(1)In, Floodway.When located in the Floodway,.a structure,or the use of a structure, _ - Deleted:The
-----*- -
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)Ink.e Floodway Fringe_When located in the Floodway rin e,a structure use of a - Deleted: me
-----'--------- - --
structure or the use of land which was lawful before July 16,2004,but is not in Deleted:fringe
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.
14
(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 floo4roofed in accordance with the __ ----- Deleted:
-----------------
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; Ord. No. 3762, 4-27-04)
Sec.9.9.PENALTIES FOR OFFENSES PERTAINING TO FLOOD PLAIN
ZONING.
A violation of any provision of Chapter 9,Flood Plain Zoning Regulations,shall be a
municipal infraction punishable by a penalty of$500 for a person's first violation thereof,
and a penalty of$750 for each repeat violation. (Ord.No. 2745, Sec. 9, 1-22-80; Ord.No.
2976, Sec. 1, 5-26-87; Ord.No. 3003, Sec. 9, 2-23-88; Ord.No. 3176,Sec. 1, 6-1-92;
Ord.No. 3497,Sec. 7, 8-25-98)
Sec.9.10.AMENDMENTS.
The regulations,restrictions and boundaries set forth in this ordinance may from time to
time be amended,supplemented,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 ordinance shall be undertaken without prior approval from the Deleted:(1)Appeal.A request for
Department of Natural Resources. (Ord. No. 2976, Sec. 1, 5-26-87; Ord.No. 3176, Sec. ;' review of the Building Official's
1, 6-1-92) interpretation of any provision of this
ordinance or request for a variance.¶
Deleted:(2)Area of Shallow Flooding.
Sec.9.11.DEFINITIONS. ;' A designated AO or AH zone on a
Unless specifically defined below,words or phrases in this chapter shall be interpreted so community's Flood Insurance Rate Map
(FIRM)with a one percent or greater
as to give the meaning they have in common usage and to give this chapter its most annual chance of flooding to an average
reasonable application. depth of one to three feet where a clearly
defined channel is unpredictable and
Base Flood. flood havm a one percent chance of beingequaled or exceeded in sheer velocity flow may be evident Such
-- a-e- l od..A --flood-h---- .0 y y
any given year for a given area, flooding is characterized by ponding or
Base Flood Elevation FE .The hei t o which the base flood is estimated to rise. Y` sheet flow.q
-- ------------ ------ --------�-- ---------- ---------- ---- --- -------- ------
4 Basement.An area of the building having its floor sub ade _elow ound level on_ Deleted:3
...... ----------- ---Y -------- ---..1 - Z- ---)
all sides. Deleted:The
Develo-went An man made chan a to un_roved or unim roved real estate Deleted:a
-----------p-- Y---------- ---------g------ --------------------p----------------------- `•�- -- --._..._...__.._...__.
including but not limited to buildings or other structures,mining,dredging,filling, Deleted:
grading,paving,excavation or drilling operations,or storage of equipment or materials. Deleted:s
Deleted_6
15
...............
Existing Construction. Structures for which the"start of construction"commenced______--.----' Deleted:7
................
before 1980 effective i---------date---o-fti he---first-r'st---flood--- J--plain---management-- ----- -` -------------
regulations adopted by the City of Ames).,")Existin_g_construction"may also be referred to --,---fDIeted:initial FIRM(July 16,2004).
---- - ----------------------------------
as"existing structures". (Ord.No. 3762, 4-27-04)
(7)_Existing Factory-built Home Park or fSubdivision.A factory-built home park or --------------(Deleted:8
subdivision for which the construction---of-a-`c- h i--i i-e--s---fo--r-servicing--the-lots-on-which-----the
factory-built homes are to be affixed(including,at a minimum,the installation of
utilities,the construction of streets,and either final site grading or the pouring of concrete
pads)is complete before January 28, 1980(the effective date of the first flood plain Deleted:community
management regulations adopted by the,Q_ _i1y of Ames). Deleted-I ....................
-- --- ----------------
(8)Expansion of Existing Factory-built Home Park or Subdivision.The---preparation of 1Deleted:9
additional sites by the construction of facilities for servicing the lots on which the "manufactured Deleted:The term
factory-built homes are to be affixed(includingat a minimum,the installation of utilities, home"does not include a"recreational
vehicle".
the construction of streets,and either final site grading or the pouring of concrete pads). (D.Itd.- 10
Factor Built Home.A structure,transportable in one or more sections,which is built
- --------Y--------------------------------------------—-------------------- --------------------------------------------------- %' Deleted: 1
on a permanent chassis and is designed for use with or without a permanent foundation
when attached to the required utilities.------------------------------------------------------------------ Deleted: 12
(U Deleted:on the average is likely to be
9 Facto -built and y�� �Home Park or Subdivision.A pgqel(or continuous parcels)of I
divided into two or more ore---f-a-c--t-o--r-y----b--u-i-I't--home'--lots- for rent or sale. ------------ flooded$
once every 100 years(i.3.that
Flood or Flooding.A general and temporary condition of partial or complete
-------------- Deleted:
inundation of normally dry land areas from: (a)the overflow of inland or tidal waters;(b)
Deleted:13
the usual and rapid accumulation of runoff of surface waters from any source.
e community,on which the
(12)Floodway.The channel of a river or stream and those portions of the flood plat CDIeted-,fa mmunity
adjoining the channel.that are reasonably required to carry and discharge flood waters or CD!Ieted:has
flood flows so that confinement of flood flows to the floodway area will not cumulatively ,"I Deleted:delineated
increase the water surface elevation of the base flood by more than one(1) foot. Deleted:Flood
...................
Floods Fringe.That area of the floodplain,outside the floodway,that lias a one 4"", Deleted:Hazard
Fringe.
- -- ---------------------------------------------------------------- ------------------------- J ...........
percent chance of flood occurrence in any one year, Deleted:Boundaries
---------------------------------------------------
Flood Insurance Rate_M4p_(FjM.An official Map published as Vg1!9�ft, = Flood fk j;%; Deleted:establishing insurance rates
--------------------- ------- -----------._____. - ------------------ � -----------
Insurance StudyAat delineates oth the Jloodjjagard oundaries and the risk 12.reillium ..............
-----T Deleted: 14
zones,applicable to the community-__--_ -------------------- ------------------------------------
, Deleted: 15(
Flood Insurance Study.The official report provided by the Federal Emer 9n
- 99-----------
Management--- -----Agency.-------- e-,report-- --contains----------__—fl-o--o-d__profiles,_`_------ -a's---well--- ---as theFlood Boundary- ..Deleted:ing
Floodway Map and the water surface elevation of the base flood. Deleted:16
Flood lam Any land area susceptible to bein inundated by water from an source Deleted: P
(see Deleted:(17)Floodway or Regulatory
-----------------------------------------------------------------------------------------------
Floodway.The channel of the river or
U_7)Floodproofmg.A combination of structural provisions,changes,or adjustment to %% watercourse and the adjacent land areas
----------------—--------- -------------------------------------- -------------J-------------—-----------------------
properties and structures subject to flooding primarily for the reduction or elimination of that must be reserved in order to
discharge the base flood without
flood damages to properties,water and sanitary facilities,structures,and contents of cumulatively increasing the water surface
buildings in a flood hazard area, elevation more than one(1)foot(Ord.
No.3762,4-27-041
..W-Freebo-ard.-A-factor-of safety-usually-expressed-in-feet-above-a-flood-level-for------------ ------- Deleted:(18)FloodwayFringe.nose
purposes of floodplain management.,Freeboard tends to compensate for the many portions of the flood plain,other than the
.............
unknown factors that could contribute to flood heights greater than the height calculated floodway,which can be filled,levied,or
for a selected size flood and floodway conditions,such as wave action,clogged bridge otherwise obstructed without causing
substantially higher flood levels or flow
openings,and the hydrological effect of urbanization of the water shed. velocities.1
fDeleted:
16
General Flood Plain.Area of the flood lain for which the delineation of floodway --- Deleted:20
-------------------------------------------------------—--------------------------------------------------------------------- Deleted:
and floodway fringe has not been determined ---------------------------------------------------------------- Deleted:floodway fringe and the
aQ)_Historic Structure.-A structure that is:(a)Listed individually in the National Register floodway combined.
-------------------------------------
o f Historic ri-e--Places,es- ---na-ip—jaini-e-d'ib----the---be'-p--a-i't-inent of Inta#o;, preliminarily determined ---------Deleted:(2 1)Highest Adjacent Grade.
-------------------------------- _qKpr�4 ly dete The highest natural elevation of the
by the Secretary of the Interior as meeting the requirement for individual iisii-n-`g---o In-th--e-- ground surface prior to construction next
National Register;(b)Certified or preliminarily determined by the Secretary of Interior as to the proposed walls of a structure.$
contributing to the historical significance of a registered historic district or a district J Deleted:22
preliminarily determined by the Secretary to qualify as registered historic district;(c) Deleted:Any
Individually listed on a state inventory of historic places or landmark _( ) dividually Deleted:(a listing
4 Jn------------ ----------
listed on a local inventory of historic places or landmarks;or(e)Identified as
Deleted:
contributing or compatible within a local historic district. Deleted:in states with historic
��I�qyv�est Floor.-The floor of the lowest enclosed area in a building including a-------------- preservation programs which have been
basement when all the following criteria are met: (a)The enclosed area is approved by the Secretary of the Interior
designed to flood to equalize hydrostatic pressure during floods with walls or openings Deleted: or
that satisfy the provisions of Section V E14(a)of this Ordinance-,(b)The enclosed area is Deleted: in communities with historic
unfinished(not cgoeted,drywalled,etc.)and used solely for low damage potential uses preservation programs that have been
certified either:J
such as building parking or storage, (c)Machinery and service facilities(e.g.,hot (i)By either an approved state program as
water heater,furnace,electrical service)contained in the enclosed area are located at least determined by the Secretary of the
Interior orl
one(1)foot above the 1 00-year flood level,• and(d)The enclosed area is not a (ii)Directly by the Secretary of the
"basement"as defined in this section. Interior in states without approved
,L2 w Construction.For floodplain management purposes,"new construction"means programs.1
1)-Ne (23)
structures for which the start of construction commenced on or after January 28, 1980 Deleted:The lowest floor of the lowest
(the effective date of the floodplain management regulation adopted by City_of enclosed area(including basement).An
- - I- ---- ------- unfinished or floodresistance enclosure,
and includes any subsequent improvements to such structure. usable solely for parking of vehicles,
A building access or storage,in an area
__Qy�q�14y_District, zonin district in which additional requirements act in
conjunction with 4 --- - -- - --------------------------------------------------------------A other than a basement area,is not
use zoning-d-istrictand/or-other overlay districts. considered a building's lowest floor,
=_Recreational Vehicle.A vehicle which is(a)build on-a-chassis;-(b 40 %'% provided that such enclosure is not built
0 square feet
----------- so as to render the structure in vioIaa�fion
- -- - -- --------—----- ---- -or less when i-measi�ired-at -faige-st-hor-izontal projections;(c)designed-to be selfof the applicable non elevation de ..rIJ
It' ",
propelled orjqy� 11'`:%
ab�lq,and(4)_designed prima stem r "",, Deleted:24
provided a
to�to ri�'
so 1 applicable
of
Deleted:
2
--------------------- for recreational, �1 -
- ----------- �Nll.1 11
De e ed-
camping travel or seasonal use and not for use as a permanent dwelling. Deleted-a community
Spqcial Flood Hazard Area.The land in the flood )lain within a community subject I��ed.
---------- -------------------------------;----------- -- - --------------------------------------- ------—------- Deleted:25
to one percent or greater chance of flooding in any given year.
-.1,,,1,�, Deleted:It is a
Q)_Start of Construction.-The,date the building permit was issued,provided the actual
--------------------------------------------------------------- '
Dele
ted:
is a
------------------------------ Deleted:�th.the
start of construction,repair,reconstruction,rehabilitation,addition,placement,or other 0
underlying
r.yrug
Deleted:underlying
improvement was within 180 days of the permit date.The actual start means the first
placement of permanent construction of a structure on a site,such as the pouring of slab Deleted:(s).
or footings,the installation of piles,the construction of columns,or any work beyond the Deleted:(26)Principally Abov 2
stage of excavation;or the placement of a manufactured home on a foundation. Deleted:27
Permanent construction does not include land preparation,such as clearing,grading and Deleted:permanently
filling;nor does it include the installation of streets and/or walkways;nor does it include Deleted: by a light duty truck
excavation for a basement, footings,piers,or foundation or the erection of temporary
Deleted:not for use as a perma
forms;nor does it include the installation on the property of accessory buildings,such as
Deleted:28
garages or sheds not occupied as dwelling units or not part of the main structure.For a Delet
substantial improvement,the actual start of construction means the first alteration of any :Floodplain
wall,ceiling,floor,or other structural part of a building,whether or not the alteration MY Deleted:29
affects the external dimensions of the building. Deleted:[for other than new
Deleted:he
17
( )Structure.Anything constructed or erected-on the grounctor attached-to the_ground
inclu g din ,but without limiting the generality of the foregoing:buildings,factories,sheds, Deleted:,
cabins,mobile homes,manufactured homes,other similar items,and walled and roofed Deleted:,
buildings,including gas or liquid storage tanks that are principally above ground.
Q Substantial Damage:Damage of any_origin sustained by a_structure_whereb-y the cost______-- Deleted:31
of restoring the structure to its condition before the damage occurred would equal or
exceed 50 percent of the market value of the structure before the damage occurred.
Q)Substantial Improvement.Any improvement to a structure which satisfies either of Deleted:3z
the following_criteria:(a)Any=air,reconstruction or improvement of a 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.The
term does not however,include any project for improvement of a structure to correct
existing violations of state or local health sanitary or safe code specifications which
have been identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions. 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";or(bLv addition which increases the original
floor area of a building by 25 percent or more All additions constructed after the
effective date of the flood plain management regulations adopted by the community shall
be added to any proposed addition in determining whether the total increase in original
floor space would exceed 25 percent.
(29) Variance. A grant of relief by a community from the terms of the flood plain
management regulations.
(30)Violation. The failure of a structure or other development to be fully compliant with
the community's flood plain management regulations.
Deleted:Any repair,reconstruction,or
improvement of a structure,the cost of
S:\PLAN SRR\ od PlauLlvluiage which equals or exceeds fifty(50)percent
of the market value of the structure either
T---------------------------------------------------- --- ---------........-. - - ---------------------------------------- (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.(Ord.No.3762,4-27-04)1
(33)Variance.A grant of relief to a
person from the requirements of this
ordinance which permits construction in a
manner otherwise prohibited by this
ordinance where specific enforcement
would result in unnecessary hardship.
(Ord.No.2745,
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