HomeMy WebLinkAboutA001 - Commission Action Form dated February 17, 2016 ITEM # 9
DATE 02-17-16
COMMISSION ACTION FORM
SUBJECT: TEXT AMENDMENTS TO CHAPTER 9 FLOOD PLAIN ZONING
REGULATIONS
This CAF has been updated to reflect the motion of the Commission
at the 1/20/16 meeting to allow staff to work with the Iowa Department
of Natural Resources on the proposed language and to prepare a
visual aid on the Permitted Uses and Development Uses.
BACKGROUND:
The City of Ames participates in the National Flood Insurance Program (NFIP). Our
participation allows property owners and residents to purchase flood insurance from
their insurance agent. Our participation requires the City adopt and enforce regulations
on activities within the designated flood plain in order to minimize loss of life and
property damage. The NFIP has set minimum standards and authorizes the states to
adopt more stringent requirements. The City of Ames Flood Plain Zoning Regulations
(Chapter 9 of the Municipal Code) are based on the Iowa Department of Natural
Resources (IDNR) model ordinance, but has set a higher standard than for flood
protection than the minimum model ordinance requirements. Any changes to our
ordinance need to be approved by IDNR.
The ordinance regulates development activates and uses in areas designated by the
Federal Emergency Management Agency (FEMA) as Special Flood Hazard Areas.
These are areas in which hydraulic and hydrologic modeling anticipates inundation
during a flood having a 1 percent chance of occurring in any given year (often referred
to as the 100-year flood or the base flood).
The Special Flood Hazard Areas include the Floodway, Floodway Fringe, and General
Flood Plain. Uses and activities in the Floodway are strictly regulated e.g. no fill, no
residential or commercial buildings. Within the Floodway Fringe, most uses are allowed,
but are subject to elevation or flood-proofing requirements. The General Flood Plain is
the area in which a detailed study has not been completed and is treated as a Floodway
until IDNR has reviewed the development and determined the base flood elevation and
delineation of a Floodway and Floodway Fringe.
In anticipation of the mapping of the Environmentally Sensitive Area Overlay
(O-E) district over the Floodway and the changes to the language of the O-E
district, staff is bringing forward these changes to Chapter 9. Most of these
changes reflect the requirements of the O-E overlay and the procedures for approval.
Others are required by IDNR or are minor "housekeeping" changes.
Proposed Amendments
A full strikeout and underline version of proposed changes is attached to this report. The
proposed amendments to Chapter 9 address five issues.
1. Changes to Permitted Uses allowed within the Floodway,
2. Removing Conditional Uses and creating a new category of Development Uses
allowed within the Floodway,
3. Changes to Permitted Uses within the General Flood Plain,
4. Procedures for development in the Floodway with the O-E requirements, and
5. Changes to residential accessory structures as required by the IDNR.
Permitted Uses
The proposed changes remove some uses that are currently allowed as Permitted
within the Floodway. These uses (e.g., parking lots, loading areas, drive aisles) are no
longer permitted through a staff approval process. These will now be considered
Development Uses that are subject to the requirements of the O-E district.
Permitted Uses are generally open space uses, such as farming, parks, nature
preserves, lawns, and gardens. They also include limited development activities such as
signs, billboards, pipelines, and accessory structures to open space uses. New
language also allows for government uses that are not traditionally subject to City
zoning requirements, such as those initiated by the school district or university. Public
(City) infrastructure remains within this category. Staff has added a limitation on grading
activities that restrict grading to a change of less than 12 inches in surface topography.
These changes to the uses can be found in Section 9.4(1). Also included are accessory
structures for open space uses. These would be non-habitable and would still be
required to meet performance standards as they currently do. However, the approval
would be administrative rather than through a Major Site Development Plan.
All Permitted Uses require a Flood Plain Development Permit and must demonstrate
that they meet the applicable Floodway performance standards. These standards
dictate that no activity can increase the water surface level of a base flood event and
are designed so as to minimize flood damage.
All Permitted Uses are approvable by the Flood Plain Administrator based upon
performance standards.
Development Uses
Development Uses is a new category that aligns with the intent of the O-E Zoning
Overlay. Development uses are those that generally involve site disturbing activities and
uses. These include transient commercial uses (carnivals, flea markets), permanent
commercial uses (car lots, drive-in theaters), accessory commercial uses (parking lots,
driveways), grading that alters the surface topography more than 12 inches, and borrow
pits or other excavations.
Many of these are currently known as Conditional Uses, acknowledging that they must
be approved by the Zoning Board of Adjustments through the Conditional Use Permit
process. With the proposed mapping of the O-E overlay district and the changes to the
O-E text, these uses would now require approval by the City Council (with the
recommendation of the Planning and Zoning Commission) through the Major Site
Development Plan process. These changes to the uses and the approval process can
be found in Section 9.4(2).
2
General Flood Plain Uses
The General Flood Plain is intended to be treated as the Floodway unless and until the
IDNR does a more detailed analysis to determine the location of the Floodway and the
Floodway Fringe. Therefore, the Permitted Uses in the General Flood Plain are
amended to mirror those of the Floodway. Development Uses will need to be reviewed
by the IDNR to delineate the Floodway from the Floodway Fringe. These changes can
be found in Section 9.6(1).
O-E Requirements
Changes are proposed for various sections which currently outline the process for
Conditional Use Permits from the Zoning Board of Adjustment to reflect the proposed
requirement for a Major Site Development Plan from the City Council. These changes
can be found in Section 9.4(2), 9.6(2), and 9.7(2)(c).
Residential Accessory Uses
The current ordinance allows for certain accessory uses to not meet elevation or flood-
proofing requirements. The IDNR has asked for changes to restrict the size of such
structures and to require "wet flood proofing." This will require accessory structures that
are not elevated to have vents or louvered openings to allow flood waters to enter and
to recede to avoid collapsing the walls. These are found in Section 9.5(2)(j).
There are a few other minor changes, such as addressing the required vertical datum of
elevations (Section 9.7(b)(iii)) and a definition of "non-habitable structure" (Section
9.11). All the proposed changes can be found in Attachment A. A table showing how the
Permitted Uses and Development Uses have been amended and moved is found in
Attachment B.
Since the Commission meeting in January, staff has confirmed with the IDNR the
proposed language, which they find acceptable.
ALTERNATIVES:
1. The Planning & Zoning Commission can recommend that the City Council adopt the
proposed changes to Chapter 9 Flood Plain Zoning Regulations. This option would
be appropriate if the Commission adopted the recommendation of staff for
amendments to the O-E overlay district.
2. The Planning & Zoning Commission can recommend alternative changes to the
categories of uses and permitting process to the City Council.
3. The Planning & Zoning Commission can recommend that the City Council not adopt
the proposed changes to Chapter 9 Flood Plain Zoning Regulations. The
Commission would choose this option if it does not support rezoning properties with
the E-O Overlay.
RECOMMENDED ACTION:
These proposed amendments are based on the City Council's direction from November
10, 2015 to draft an ordinance that changed the types of uses permitted in the floodway
and the approval process for improvements within the floodway.
3
Staff believes that these amendments, in conjunction with the proposed amendments to
the approval procedures and the mapping of the O-E district (both accompanying this
Commission Action Form) will reduce the impacts of development in the Floodway by
requiring action to mitigate such development and are consistent with the City Council's
direction. Taken together, these changes will reduce the impacts of development in the
Floodway by requiring owners and developers to identify and account for these impacts
and to devise measures to mitigate them. Approvals of those developments would
require a review and recommendation by the Planning and Zoning Commission and
action by the City Council following a public hearing. Staff believes the O-E approval
process with a site plan review is better suited
Therefore, the Planning and Housing Department supports Alternative #1, which
is to recommend that the City Council approve the proposed changes to the
language of Chapter 9.
Another concept that could address the floodway protection aspect of Council's
direction would be amendments to Chapter 9 that restrict or prohibit certain uses
explicitly in the floodway, rather than create the Major Site Development Plan review
process. Such an approach would be very clear about the City's interest in limiting
particular uses and not rely upon the discretionary review process of a Major Site
Development Plan that may or may not be approved. This approach would not allow for
as much case-by-case evaluation.
If the Commission does not recommend adoption of the O-E Overlay text amendment or
an alternative to the discretionary review process staff, Planning and Zoning
Commission may recommend alternative language to this amendment as described in
the previous paragraph.
S:\PLAN—SHR\Counci1 Boards Commissions\PZ\Commission Action Forms\Text Amendments\Chap_9_TA-02-17-16.docx
4
ATTACHMENT A; PROPOSED TEXT CHANGES TO CHAPTER 9
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; health and safety hazards; disruption of
commerce and governmental services; extraordinary public expenditures for
flood protection and relief; and 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
1
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.
(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.
(d) Protect individuals from buying lands which are unsuited for intended
purposes because of flood hazard.
(e) Assure that eligibility to purchase flood insurance through the National Flood
Insurance Program is maintained for property owners in the community.
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 "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
19169C0l 35E, 140E, 141 E, 142E, 155E, 161 E, 162E, 164E, 168E, 170E, 276E and
277E, dated February 20, 2008 and Panels 137F, 139F, 143F, 144F, 163F, 256F and
257F, dated October 16, 2014, which were prepared as part of the Flood Insurance
Study for Story County and digital FIRM equivalents are hereby adopted by reference
and declared to be the Official Flood Plain Zoning Map.
(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
2
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 interpretation, provided however, that the Flood 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 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.
3
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 overlay districts:
(1) Floodway Overlay District - The Floodway Overlay District includes the areas shown
as "Floodway Areas in Zone AE" on the Official Flood Plain Zoning Map
(2) Floodway Fringe Overlay District - The Floodway Fringe Overlay District 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.
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 habitable structures,
factory-built homes, fill or other obstruction the storage of materials or equipment,
excavation, or alteration of a watercourse (except as needed for public infrastructure):
(a) Agricultural uses such as general farming, pasture, grazing, outdoor plant
nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild
crop harvesting.
(b)
landing StFip- Signs billboards utility transmission lines and pipelines.
(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 and non-habitable structures accessory to them that
4
meet the applicable performance standards of the Floodway Overlay District
Performance Standards.
(d) Residential accessory uses such as lawns, gardens, parking are and play
areas.
(e) Grading provided there is no change of surface topography of more than one
foot and no fill is introduced into the Floodway.
(ef) Such other open-space uses similar in nature to the above uses.
(€g) Public infrastructure such as bridges; roads; trails; culverts; fill, excavation or
grading; channel changes, relocations or placement of riprap or similar material;
provided that any required permits from the Iowa Department of Natural
Resources or Army Corps of Engineers have been approved. Such uses must
also meet the applicable provisions of the Floodway Overlay District Performance
Standards. This also includes any activity defined as maintenance under the
nationwide permit issued by the Army Corps of Engineers.
(h) Government uses not subject to City zoning ordinances.
(2) Cend+t+ef}al Development Uses. The following uses which involve structures
(temporary or permanent), fill, or storage of materials or equipment may be permitted
only upon issuance of a rnnrlitinnal Use Permit by the Zening Board of dj Ictmont oc
-_J �.! Board OI ) [Q�QQCI I ICI r< C.TJ
previded for On SeMajor Site Development Plan as provided for in Section 29.1103
and as described in Section 29.1503(4). Such uses must also meet the applicable
provisions of the Floodway Overlay District Performance Standards.
(ba) Transient commercial uses such as Ccircuses, carnivals, flea markets, and
similar transient arnHSeMeRt-enterprises.
(sb) Permanent commercial uses such as 9drive-in theaters, new and used car
lots, and roadside stands, SigRS, and billboards.
(dc) Borrow pits storm water detention and retention areas, and €extraction of
sand, gravel, and other materials.
(ed) Marinas, boat rentals, docks, piers, wharves.
(€e) Utility traRSMiSSiGR ''Res, undeFgFGWRd . Commercial and industrial
accessory uses such as loading areas, drive aisles, parking areas.
5
(g) Grading in which the surface topography may be increased greater than one
foot.
(gh) Other uses similar in nature to uses described as permitted uses or listed
dal development 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 Development 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 licensed 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.
6
(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.
(h) Any fill allowed in the floodway must be shown to have some public 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.
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)
7
feet above the base flood elevation level. Construction shall be upon compacted
fill which shall, at all points, be no lower than three (3) feet above the base flood
elevation level and extend at such elevation at least 18 feet beyond the limits of
any structure erected thereon. Alternate methods of elevating (such as piers)
may be allowed, subject to favorable consideration by the Zoning Board of
Adjustment and issuance of a Conditional Use Permit, where existing
topography, street grades, or other factors preclude elevating by fill. In such
cases, the methods used must be adequate to support the structure as well as
withstand the various forces and hazards associated with flooding. All new
residential buildings shall be provided with a means of access which will be
passable by wheeled vehicles during the base flood elevation.
(c) Non-residential buildings. All new and substantially improved non-residential
buildings shall have the 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 licensed 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 to which any
structures are floodproofed shall be maintained by the Flood Plain 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.
(e) Utility and Sanitary Systems
8
(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.
(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.
(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.
(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. In addition, the Department of Natural Resources must approve any
alteration or relocation of any stream.
9
(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.
Detached garages sheds and similar structures that are accessory to a
residential use are exempt from the base flood elevation requirements.
Exemption from the 100-year flood elevation requirements for such a structure
may result in increased premium rates for flood insurance coverage of the
structure and its contents. Such exemption is allowed only when the following
criteria are satisfied.
(i) The structure shall be designed to have low flood damage potential. Its
size shall not exceed 600 sq. ft. in size. Those portions of the structure
located less than 3 feet above the BFE must be constructed of flood-resistant
materials.
(ii) The structure shall be used solely for low flood damage potential purposes
such as vehicle parking and limited storage. The structure shall not be used
for human habitation.
(iii) The structure shall be constructed and placed on the building site so as to
offer minimum resistance to the flow of floodwaters.
(iv) The structure shall be firmly anchored to resist flotation, collapse and
lateral movement.
(v) The structure's service facilities such as electrical and heating equipment
shall be elevated or floodproofed to at least three feet above the base flood
elevation.
(vi) The structure's walls shall include openings that satisfy the provisions of
Section 9.5 (2) (k) of this Ordinance.
The exemption of detaGhed garages, sheds, and similar structuFes frem the
G irrent requirements for elevation may result in increased premium rotes for
10
of irrent requirements fnr eleVation When
(i) The cunt i pro shall not be used fnr human habitation
The GtFUGWre hall he de innerd to have lew flood damage potential
as tte offer minima im resistaRGe to the flout of flooddwaters
result in damage to ether stn Gti irec
(V) The stn G gyre's ceFVioe facilities si Gh as eleGtriral and heatiRg
equipment hall he elevated or fleedpreefed to at least three (3) fen}
abode the base flood elevation level
(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 licensed 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.
11
1. 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.
2. 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.
(1) Recreational vehicles placed on sites within the Floodway Fringe Overlay
District shall:
(i) Be on the site for fewer than 180 consecutive days and
(ii) Be fully licensed and ready for highway use. 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.
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 habitable
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) Signs billboards utility transmission lines and pipelines.
12
(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 and non-habitable structures accessory to them that
meet the applicable performance standards of the Floodway Overlay District
Performance Standards.
(d) Residential accessory uses such as lawns, gardens, and play areas.
(e) Grading provided there is no change of surface topography of more than one
foot and no fill is introduced into the Floodway.
(f) Such other open-space uses similar in nature to the above uses.
(a) Public infrastructure such as bridges; roads; trails; culverts; fill, excavation or
gradinq� channel changes relocations or placement of riprap or similar material;
provided that any required permits from the Iowa Department of Natural
Resources or Army Corps of Engineers have been approved. Such uses must
also meet the applicable provisions of the Floodway Overlay District Performance
Standards. This also includes any activity defined as maintenance under the
nationwide permit issued by the Army Corps of Engineers.
(h) Government uses not subject to City zoning ordinances.
in� Amrim dt,iral uses SUGh as general farming, pasture, grazing, eutdeer plant
GFep haFyes#R
parks, wildlife and nature preserves, game farms, fish hatGheries, shooting
preserves, tapget raRges, trap and skeet FaRges, hWRtiRg and fiSNRg areas, hikiRg
13
(2) Se +t+sRal Development 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
Major Site Development Plan as provided for in Section 29.1103 and as described in
Section 29.1503(4)ronditional Use o Permit by the Zoning Board of Adjustment as
provided for on SeGtien . 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 eenditiooal-development 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 dal development 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.
Sec. 9.7. ADMINISTRATION.
(1) Appointment, Duties and Responsibilities of Flood Plain Administrator
(a) The Flood Plain Administrator (the Administrator) 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:
14
a. the elevation (in relation to the appropriate vertical
datum ) 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 any required report
concerning the community's participation in the National Flood Insurance
Program.
(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 is defined in Section 9.11
(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.
15
(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 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.
(viii) The required fee, as determined by the City Council, for any new
construction, substantial improvement, or any development on any parcel
which contains a portion of the Floodway.
(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 developments which need a Conditional Uses Use or Var+anGes
Variance except as d+FeGted approved by the Zoning Board of Adjustment or
which needs a Maior Site Development Plan except as approved by the City
Council.
(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.
16
(e) The applicant shall be required to submit certification by a professional
engineer or land surveyor, as appropriate, licensed 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.
Sec.9.11. DEFINITIONS
Non-Habitable Structure. An accessory structure in which residential, commercial, or
industrial activities do not routinely or regularly take place. Restrooms, storage, utility
buildings and concession stands are considered habitable structures.
17