HomeMy WebLinkAboutA003 - Council Action Form dated August 25, 2009 l
ITEM # 30
DATE: 08-25-09
COUNCIL ACTION FORM
SUBJECT: FLOOD PLAIN ZONING REGULATION 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 of the Municipal
Code, "Flood Plain Zoning Regulations." These regulations have been amended several
times since 1980, 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.
On March 3, 2009 the City Council directed staff to review the ordinance and propose any
appropriate changes. One reason for this review was 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 that it is compliant with the
most current federal regulations and with the State of Iowa model flood plain ordinance.
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. It was
created by an apparent inconsistency in the definition of "general flood plain,"
describing this area in terms of it being the "floodway fringe." This
mischaracterization required all development in the floodway fringe to be processed
as if it were in the general flood plain—a much more burdensome approval process,
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. 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, Engineering, and Water/Pollution Control staff for project
and site plan review.
Many other changes are proposed to 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.
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
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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."
The NFIP establishes, through the Federal Register, minimum rules that communities must
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 those required by the NFIP. Enacting relaxed regulations, or not
enforcing the minimum regulations,would jeopardize the City's participation in the National
Flood Insurance Program.
Staff forwarded a copy of the proposed changes to the Iowa Department of Natural
Resources (IDNR), which reviewed and offered comments. Planning 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.
Recommendation of the Planning and Zoning Commission. The Commission met on
August 5 and voted unanimously to recommend adoption of the amended Chapter9. Scott
Renaud of Fox Engineering thanked staff and indicated his support of the changes. No
other public comments were made.
ALTERNATIVES:
1. The City Council can adopt the amended flood plain zoning regulations as proposed to
amend Chapter 9.
2. The City Council can not approve the amended flood plain zoning regulations and
retain the current regulations.
3. The City Council can refer this back to staff for additional analysis.
MANAGER'S RECOMMENDED ACTION:
These proposed amendments will add clarity to some aspects of the flood plain
management ordinance and its application within the City. For instance, clarifying the
distinction between floodway fringe and general flood plain removes the conditional use
permit requirement and thus reduces the procedural burden on development without
diminishing the life, safety, and health standards of the City.
The City's Building Official, whose department traditionally has been charged with the
administration of this chapter, supports the administration of this chapter by the Planning
and Housing Department. 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 the recommendation of the City Manager that the City Council approve
Alternative #1, accepting the amended flood plain zoning regulations as proposed.
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CHAPTER 9
FLOOD PLAIN ZONING REGULATIONS
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 property1 -health;and safety hazards,,Jisruption of
commerce and governmental services,—iextraordinary public expenditures for
flood protection and relief,—land impairment of the tax base; all of which
adversely affect the health, safety, and general welfare of the community.
(b) These flood losses,hazards and related adverse effects are caused by(i)the
occupancy of flood hazard areas by uses vulnerable to flood damages which
create hazardous conditions as a result of being inadequately elevated or
otherwise protected from flood, and(ii) the cumulative effect of flood plain
construction on flood flows, which causes increases in flood heights and flood
water velocities.
(c) This ordinance relies upon engineering 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
f 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)
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 betmdafiews"Special Flood Hazard Areas Subject to
Inundation by the 1% Annual Chance Flood".
(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, and-276, and 277 dated
February 20, 2008, prepared as part of the Federal Emergency Management Agency
(FEMA) Federa4Flood Insurance Rate Map (FIRM), ,
Revised-Flood Insurance Study,—dated February 20, 2008'T'eagar-den n e Waters"��, and
Digital FIRM equivalents are hereby adopted by reference and declared to be the ei-al
Official.Flood Plain Zoning Map. (Ord. No. 3228, Sec. 2, 6-8-93; Ord. No. 3762, 4-27-
04; Ord. 3769, 5-25-04; Ord. No. 3938, 1-08-08)
(3) Rules for Interpretation of District Boundaries. The boundaries of the zoning district
shall be determined by scaling distances on the Official Flood Plain Zoning Map. Where
interpretation is needed as to the exact location of the boundaries of the district as shown
on the Official Zoning Map the Building-O€€n?i-4Flood Plain Administrator shall make
the necessary interpretation,provided however, that the Building-9alFlood Plain
Administrator may require the 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
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openings restricted by debris. This ordinance does not imply that areas outside the flood
plain districts or land uses permitted within such districts will be free from flooding or
flood damages. This ordinance shall not create liability on the part of the City of Ames,
Iowa, or any officer or employee thereof for any flood damages that result from reliance
on this ordinance or any administrative decision lawfully made thereunder.
(8) Severability. If any section, clause, provision or portion of this ordinance is adjudged
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 zoning overlgy districts:
(1)Floodway(Overlay_)-District- The Floodway Overlay District shall be eensisteat
with the boundaries of the one (1) feet floodway includes the areas shown as
"Floodway Areas in Zone AE" on enwthe Fleedway-Official Flood Plain Zoning
Map (Ord. No. 3762, 4-27-04)
(2) Floodway Fringe(Overlay_)-District- The Floodway Fringe Overlay District shall be
these areas shev,-n as floodway fringe en the Flood . includes the areas
shown as "Zone AE excluding;the Floodway Areas in Zone AE"on the Official Flood
Plain Zoning Map:.
(3) General Flood Plain(Overlay-)District=The General Flood Plain Overlay District
includes the areas shown.as"Zone A"on the Official Flood Plain Zoning Map
Within these districts all uses not allowed as Permitted Uses or authorized as Conditional
Uses are prohibited unless a use variance to the terms of this ordinance is granted after
due consideration by the Zoning:Board of Adjustment.
The afea within the flood plain.beLmdai:y line is the Fleedway Disttiet and the Fleedw
Fringe Disst-viret re-e-m-b-inead. The hbeuadat4es afe shown en the Offieial Flood.Plain Zeflin
Map. Within these distr-iets all ttses not allowed as Pefmitted Uses or-atithefized a
Genditiena4 Uses are prohibited, unless a use varianee te the ten R of this or-din
granted after due eensider-ation by the Zoning Board of (Ord. No. 2745, Sec.
3, 1-22-80; Ord. No. 2809, Sec. 1, 3-9-82; Ord. No. 2976, See. 1, 5-26-87; Ord. No.
3176, Sec. 1, 6-1-92).
Sec. 9.4. FLOODWAY(OVERLAY}-DISTRICT.
(1) Permitted Uses. The following uses shall be permitted within the Floodway Overlay
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.
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(c) Private and public recreational uses such as golf courses, tennis courts, driving
ranges, archery ranges,picnic grounds,boat launching ramps, swimming areas,
parks,wildlife and nature preserves, game farms, fish hatcheries, shooting
preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking
and horseback riding trails.
(d) Residential uses such as lawns, gardens,parking areas and play areas.
(e) Such other open-space uses similar in nature to the above uses.
(2) Conditional Uses. The following uses which involve structures (temporary or
permanent), fill,ster-ageor storage of materials or equipment may be permitted only upon
issuance of a Conditional Use Permit by the Zoning Board of Adjustment as provided for
in Sec. 9.7. Such uses must also meet the applicable provisions of the Floodway 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
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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.
(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.
(1) Permitted Uses. All uses within the Floodway Fringe Overlay District shall be
permitted to the extent that they are not prohibited by any other ordinance or underlying
zoning district and provided they meet applicable performance standards of the Floodway
Fringe 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 buildings—.—All new and substantially improved non-
residential buildings shall have the first-lowest 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
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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 North American Vertical
Datum) to which any structures are floodproofed shall be maintained by the
Zoning Administrate Flood Plain Administrator. (Ord. No. 3762, 4-27-04)
(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.
-(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. (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.
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(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. In 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
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) S sThe structure 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 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 solelyparking of vehicles,building access,
and low damage potential storage.
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(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 the Floodway Fringe
Overlay District A! 30, AH, .a A R an the Flood r.,s,,,..,,,ee Rate (FIRM)
established for-the City of Ames shall either:
(i) Be on the site for fewer than 180 consecutive days and
1 fully l; o e and ready for-hi rrkway use e
(ii)Be fully licensed and ready for highway use. Meet the peelevation and aneher-ing r-equir-ements for �it�
" ". A
recreational vehicle is ready for highway use if it is on its wheels or
jacking system; is attached to the site only by disconnect type utilities and
security devices, and has no permanent attached additions.
Recreational vehicles that are located on the site for more than 180
consecutive days or are not ready for highway use must satisfy
requirements of Section 9.5(d) of this Ordinance regarding anchoring and
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(OVERLAY)DISTRICT (FP).
(1)Permitted Uses. The following uses shall be permitted within the General Flood Plain
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 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 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
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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 Floodway(Overlay)-District.
(b)All conditional uses, or portions thereof, to be located in the floodway fringe
as determined by the Department of Natural Resources shall meet the applicable
standards of the Floodway Fringe (Overlay)-District. (Ord. No. 2745, Sec. 6, 1-22-
80; Ord. No. 2976, Sec. 1, 5-26-87; Ord. No. 3176, Sec. 1, 6-1-92)
Sec. 9.7. ADMINISTRATION.
(1) Appointment, Duties and Responsibilities of ZeningFlood Plain Administrator
(a)AThe ZeaingFlood Plain Administrator(the Administrator) designa4ed by he
City Manager-shall be the Director of the Department of Planning and Housing or
his/her designee and 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.
(ii)Review all flood plain development permit applications to insure that
all necessary permits have been obtained from Federal, state or local
governmental agencies.
(iii) Record and maintain a record of:
a. the elevation(in relation to National Geodetic Vertical Datum
NGVD29) of 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 an Many required
report concerning the community's participation, „til,""a the .,,,,,ua
in the
National Flood Insurance Program.
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(vii)Notify the Federal Insurance Administration 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 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.
(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 BFE .
(v) Elevation(in relation to National Geodetic Vertical Datum NGVD29)
of the lowest 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.
LelThe 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
10
measures were accomplished in compliance with the provisions of this Ordinance,
prior to the use or occupancy of any structure.
(3) Conditional Uses, Appeals, and Variances.
(a)Appointment and Duties of Zoning Board of Adjustment. The Zoning Board
of Adjustment whieh shall hear and decide
(i)appheatiens-Requests for Conditional Uses upon which the Board is
authorized to pass under this Ordinance;
(ii) Appeals, and
(iii)requests-Requests for Variances to the provisions of this Ordinance;
and
iv shal eke anyAll other actions which areis required of the Board.
(b) Conditional Uses. Request-,&quests for Conditional Uses shall be submitted
to the Administrator, who shall forward such to the Zoning Board of Adjustment
for consideration. Such requests shall include information ordinarily submitted
with applications as well as any additional information deemed necessary to-by
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 effieial Administrator in the
enforcement of this Ordinance, the aggrieved party may appeal such action.
Applications for Appeals shall be submitted to the 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 filed with the Z,,,.,;,,g Board"f
submitted to the
Administrator and shall set forth the specific reason for the appeal. The eial
from whom the appea Administrator is taken.shall transmit to the Zoning Board
of Adjustment all the papers constituting the record upon which the action
appealed from was taken.
(d) Variances. Requests for Variances shall be submitted to the 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 ire-any-ire 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(ia) a showing of good and
sufficient cause, (nib) a determination that failure to grant the variance
would result in an unnecessary hardship to the applicant, and(i4c) a
11
determination that the granting of the variance will not result in increased
flood heights, additional threats to public safety,or--extraordinary public
expense; create nuisances, or cause fraud on or victimization of the public.
(iii) Variance shall only be granted upon a determination that the variance
is the minimum necessary, considering the flood hazard,to afford relief.
(iv) In cases where the variance involves a lower level of flood protection
for buildings than what is ordinarily required by this Ordinance, the
applicant shall be notified in writing over the signature of the Zoning
Administrator that (ia) 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(i-ib) such construction increases risks to life
and 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.
(i)Hearings. Upon the filing with the Zoning Board of Adjustment of-m
appeal, an f a request-for a eenditional-Conditional tiseUse,
an Appeal, or a request for-a request for a v fianseVariance, the Board
shall hold a public hearing. 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 evidence. The
Board may require the appellant or applicant to provide such information
as is reasonably deemed necessary and may request the technical
assistance and/or evaluation of a professional engineer or other expert
person or agency, including the Department of Natural Resources.
(ii) Decisions. The Board shall arrive at a decision one a
Conditional Use, Appeal, or Variance within a reasonable time. In passing
upon an a pealAppeal, 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 contained in Seel on ° 7(3)(e)(i4(^'described below.
a. Factors Upon Which the Decision of the Board Shall be Based. In
passing upon applieations requests for Conditional Uses or poi
Variances, the Zoning Board shall consider all relevant factors specified in
other sections of this 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.
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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.
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. F000dproofing 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 consistent 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.
b) Installation of watertight doors, bulkheads, and shutters,
or similar methods of construction.
c)Reinforcement of walls to resist water pressure.
13
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
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 Thethe Floodway Overlay District. When located in the Floodway Overlay District,
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,
14
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 Pie-the Floodway Fringe Overlay District. When located in the Floodway
ffingeFringe Overlay District, 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.
(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; Ord. No. 3762, 4-27-04)
(3) In the General Flood Plain Overlay District. When located in the General Flood Plain
Fringe Overlay District, 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)No use shall be expanded or enlarged to cover more lot area, or changed
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 rneans, 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 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,
15
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.
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
Department of Natural Resources. (Ord. No. 2976, Sec. 1, 5-26-87; Ord. No. 3176, Sec.
1, 6-1-92)
Sec. 9.11. DEFINITIONS.
Unless specifically defined below, words or phrases in this chapter shall be interpreted so
as to give the meaning they have in common usage and to give this chapter its most
reasonable application.
flooding(1) Appeal. A fequest for-r-eview of the Building Offieial's interpretation of an),pr-avisie
to
sheer veleeity flow.may be evident. Stieh flooding is ebar-acter-ized by pending of sheet
flow.
(31) Base Flood. T 1e-A flood having a one percent chance of being equaled or exceeded
in any given year for a given area.
(42) Base Flood Elevation(BFE). The height_to which the base flood is estimated to rise.
(53) Basement. Any area of the building having its floor subgrade (below ground level)
on all sides.
(64) Development. Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations.,or storage of equipment or materials.
(75) Existing Construction. Structures for which the "start of construction" commenced
before January 28, 1980 (the effective date of the first flood plain management
16
regulations adopted.by the City of Ames). ' 'Existing
construction" may also be referred to as "existing structures". (Ord. No. 3762, 4-27-04)
(86) Existing Factory-built Home Park or Subdivision. A factory-built home park or
subdivision for which the construction of facilities for 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
management regulations adopted by the eananntnityCity of Ames).
(7) Expansion of Existing Factory-built Home Park or Subdivision. The preparation of
additional sites by the construction of facilities for 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).
(98) Factory-Built Home. A structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term"manu€aetufe,l >n,,,,.,e„ does
not-inelu- " eer-eational vehiele""..
(199)Factory-built Home Park or Subdivision. A parcel (or continuous parcels) of land
divided into two or more factory-built home lots for rent or sale.
(1410)Flood or Flooding. A general and temporary condition of partial or complete
inundation of normally dry land areas from: (a) the overflow of inland or tidal waters; (b)
the usual and rapid accumulation of runoff of surface waters from any source.
(11) F000dway. The channel of a river or stream and those portions of the flood plain
adjoining the channel that are reasonably required to carry and discharge flood waters or
flood flows so that confinement of flood flows to the floodway area will not cumulatively
increase the water surface elevation of the base flood by more than one (1) foot.
(1212)Floodwav Fringe. That area of the floodplain, outside the floodway, that once
a-vefage is libel„to be fiee,led
enee fy 100 „ears ( 3. that has a one percent chance of flood occurrence in any one
year).
(J 3) Flood Insurance Rate Map (FIRM). An official map published as part of the of-a
eemm-unity, on Flood Insurance Study has-that delineates ate;-both the
Flood.flood Flawhazard 1 boundaries and the risk premium zones
applicable to the community.
(1414) Flood Insurance Study. The official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, as well as the Flood Boundary-
Floodway Map and the water surface elevation of the base flood.
(1515) Floodplain. Any land area susceptible to being inundated by water from any
source (see definition of flooding).
(1b16) Flood-Pproofing. A combination of structural provisions, changes, or adjustment
to properties and structures subject to flooding primarily for the reduction or elimination
of flood damages to properties, water and sanitary facilities, structures, and contents of
buildings in a flood hazard area.
_adjaeent !and areas that must be r-eser-ved in order-to disehafge the base good wit
17
eumulafiveiy iner-easing the water-suffaee elevation more than one (1) feet. (Or-d. No.
_(1 8).Fleedway Fringe. These poftions of the flood plain, other-than the floodway, whieh
ean be filled, levied, or-other-wise ebstfuetedwithetA eausing substantially highef flood
levelsor-fl&A, yeleeities
(4917) Freeboard. A factor of safety usually expressed in feet above a flood level for
purposes of floodplain management. ``Freeboard tends to compensate for the many
unknown factors that could contribute to flood heights greater than the height calculated
for a selected size flood and floodway conditions, such as wave action, clogged bridge
openings, and the hydrological effect of urbanization of the water shed.
(A8l8) General Flood Plain. Area of the flood plain for which the delineation of floodway
and floodway fringe has not been detem-iined.fleedway fringe
(21) Highest Adjaeent &ade. The highest natufal elevation of the gretmd surfaee prior-to
(2219)Historic Structure. -A structure that is: (a) Listed individually in the National
Register of Historic Places.,(a4is4ng-maintained by the Department of Interior)-Zor
preliminarily determined by the Secretary of the Interior as meeting the requirement for
individual listing on the National Register; (b) Certified or preliminarily determined by
the Secretary of Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary to qualify as
registered historic district; (c) Individually listed on a state inventory of historic places or
landmarksin states with histofie pr-esefvatien programs whieh have been appr-ev I I ' -
Seefetaf),of the hiter-io ;-of(d) Individually listed on a local inventory of historic places
or landmarks; or(e) Identified as contributing or compatible within a local historic
district.
.. imunities with histefte preset=vatien progfams _
(i) By either-an approved sWe pfogram as deter-mined by the Seer-etmy of the Inter-ief e
�3)- 20 Lowest Floor. The floor of the lowest enclosed area in a building including a
basement except when all the following criteria are met: (a) The enclosed area is
designed to flood to equalize hydrostatic pressure during;floods with walls or openings
that satisfy the provisions of Section V B4(a) of this Ordinance; (b) The enclosed area is
unfinished(not capeted, drMalled, etc.) and used solely for low damage potential uses
such as building access parking or storage; (c) Machinery and service facilities (e.g„hot
water heater, furnace electrical service) contained in the enclosed area are located at least
one(1) foot above the 100-year flood level; and (d,) The enclosed area is not a
"basement" as defined in this section.
fleedr-esistanee enelesur-e, usable selely for-par-king of vehieles, building aeeess e
ster-ag , i other-than a basemepA afea, is not eensider-ed a building's lowest The lowest floor-of the lowest enelesed area(ineluding basement). An unfinish
provided th-at. Q.1-1-eh enelesufe is not built so as to r-ender-the stfuetufe in vielation of the
(2421)New Construction. For floodplain management purposes, "new construction"
means structures for which the start of construction commenced on or after Januaa 28,
1980 (the effective date of the floodplain management regulation adopted by a
18
A he City of Ames) and includes any subsequent improvements to such
structure.
(25522) Overlay District. R-is-aA zoning district in which additional requirements act in
conjunction with the-a uerlrg base zoning districts} and/or other overlay districts.
of the east, yalt a of the stfuettife; above 9found.
(2723)Recreational Vehicle. A vehicle which is (a)build on a chassis; (b) 400 square
feet or less when measured at the largest horizontal projections; (c) designed to be self
propelled or towable by a l &duty t,.ue ; and(d) designed primarily not fe
use as a pefmanent dwelling as temporary quarters for recreational, camping travel or
seasonal use and not for use as a permanent dwelling.
(2824) Special Flood Hazard Area. The land in the F-leec-p1ain-flood plain.within a
community subject to one percent or greater chance of flooding in any given year.
(2925) Start of Construction. [for-other-than new eenstraefien or s4ste.+-Aial
substantial i „t and m s tThehe date the building permit was issued,
provided the actual start of construction,repair, reconstruction, rehabilitation, addition,
placement, or other 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 or footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings,piers, or foundation or the erection of
temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual start of construction means the first
alteration of any wall, ceiling, floor, or other structural part of a building,whether or not
the alteration affects the external dimensions of the building.
(3926) Structure. Anything constructed or erected;on the ground;or attached to the
ground including, but without limiting the generality of the foregoing: buildings,
factories, sheds, cabins, mobile homes, manufactured homes, other similar items, and
walled and roofed buildings, including gas or liquid storage tanks that are principally
above ground.
(3127) Substantial Damage. Damage of any origin sustained by a structure whereby the
cost 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.
(3228) Substantial Improvement. Any improvement to a structure which satisfies either
of the following criteria: (a) Any repair, 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 safety 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
19
of an "historic structure", provided the alteration will not preclude the structure's
designation as an "historic structure"; or(b)Any 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.
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