HomeMy WebLinkAbout~Master - Zoning Text Amendment for Flood Plain Zoning Regulations ORDINANCE NO. 4259
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES, IOWA, BY REPEALING CHAPTER 9 AND ENACTINC A NEW
CHAPTER 9, FOR THE PURPOSE OF FLOOD PLAIN ZONING
REGULATIONS; REPEALING ANY AND ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH
CONFLICT; PROVIDING A PENALTY AND ESTABLISHING AN
EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames, Iowa,that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
repealing and enacting a new Chapter 9 as follows:
"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 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 19169CO 135E, 140E, 141 E, 142E, 155E, 161E, 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 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 ofLiability.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.
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). 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 meet the applicable 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.
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(f)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)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 Major Site Development Plan as provided for in
Section 29.1103. Such uses must also meet the applicable provisions of the Floodway Overlay District Performance
Standards.
(a) Transient commercial uses such as circuses,carnivals, flea markets,and similar transient
enterprises.
(b)Permanent commercial uses such as drive-in theaters,new and used car lots,and roadside
stands.
(c)Borrow pits,storm water detention and retention areas,and extraction of sand,gravel, and
other materials.
(d)Marinas,boat rentals,docks,piers,wharves.
(e)Accessory uses such as loading areas,driveways and parking areas.
(f)Grading, in which the surface topography may be increased greater than one foot.
(g)Other uses similar in nature to uses described as permitted uses or listed 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.
(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.
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See. 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.
(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
(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.
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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). 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.
(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.
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
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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.
(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.
(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) Conditional Uses. Any use which involves placement of structures, factory-built homes, fill or other
obstructions;the storage of materials or equipment;excavation;or alteration of a watercourse may be allowed only upon
issuance of a Conditional Use Permit by the Zoning Board of Adjustment as provided for in Section 9.7(3).All such uses
shall be reviewed by the Department of Natural Resources to determine(i)whether the land involved is either wholly
or partly within the floodway or floodway fringe and(ii)the base flood elevation level.The applicant shall be responsible
for providing the Department of Natural Resources with sufficient technical information to make the determination.
(3)Performance Standards.
(a)All conditional uses,or portions thereof,to be located in the floodway as
determined by the Department of Natural Resources shall meet the applicable provisions and standards of the
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.
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:
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.
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(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.
(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 Use Permit or Variance except as approved by the Zoning Board of Adjustment or which need a
Major 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.
(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. 9.8. NONCONFORMING USES.
(1) In the 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,
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as determined by the number of dwelling units(for residences)or floor area or ground coverage(for nonresidential
uses),does not increase the nonconformity,complies with all other legal requirements,and is completed within 18
months from the time of damage.
(e) If a nonconforming use is discontinued for twelve(12)consecutive months, any future
use of the buildings or premises shall conform to this ordinance.
(2) In the Floodway Fringe Overlay District. When located in the Floodway 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) 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 floodproofed in
accordance with the requirements of Section 9.5(2)of this ordinance.
(d) If a nonconforming use is discontinued for twelve(12)consecutive months, any future use
of the buildings or premises shall conform to this ordinance.
(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 to another use,
unless that use is a permitted use.
(b) If any nonconforming use or structure incurs substantial damage of any origin or by any
means, including floods, it shall not be reconstructed except in conformity with the provisions of this ordinance.
(c) If any nonconforming use or structure incurs damage, but not to the extent of substantial
damage,from any origin or by any means,it may be restored to the condition in which it existed as a nonconforming use
or structure prior to damage.
(d) Any nonconforming structure damaged by any origin to the extent that the cost of restoring
the structure to its before damage condition would be less than fifty(50)percent of the market value of the
structure before the damage occurred,may be rebuilt provided such rebuilding does not increase the intensity of use,as
determined by the number of dwelling units(for residences)or floor area or ground coverage(for nonresidential uses),
does not increase the nonconformity,complies with all other legal requirements,and is completed within 18 months from
the time of damage.
(e) If a nonconforming use is discontinued for twelve(12)consecutive months,any future use
of the buildings or premises shall conform to this ordinance.
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.
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.
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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.
(1) Base Flood.A flood having a one percent chance of being equaled or exceeded in any given year for
a given area.
(2) Base Flood Elevation(BFE).The height to which the base flood is estimated to rise.
(3) Basement. Any area of the building having its floor subgrade(below ground level)on all sides.
(4) Development.Any man-made change to improved or unimproved real estate,including but not limited
to building or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, storage of
equipment or materials, or placement of factory-built homes. "Development' does not include "minor projects" or
"routine maintenance of existing buildings and facilities"as defined in this section. It also does not include gardening,
plowing,and similar practices that do not involve filling,grading, or excavating.
(Ord. 4197; 10-14-14)
(5) Existing Construction. Structures for which the "start of construction" commenced before January
28, 1980(the effective date of the first flood plain management regulations adopted by the City of Ames). "Existing
construction"may also be referred to as "existing structures".
(6) 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 City 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).
(8) 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.
(9) 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.
(10) 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) Floodway.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.
(12) Floodway Fringe.That area of the floodplain,outside the floodway,that has a one percent chance of
flood occurrence in any one year.
(13) Flood Insurance Rate Map(FIRM).An official map published as part of the Flood Insurance Study
that delineates both the flood hazard boundaries and the risk premium zones applicable to the community.
(14) 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.
(15) Flood plain.Any land area susceptible to being inundated by water from any source(see definition
of flood).
(16) Floodproofing. A combination of structural provisions, changes, or adjustment to properties and
structures subj ect 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.
(17) 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.
(18) General Flood Plain.Area of the special flood hazard area for which the delineation of floodway and
floodway fringe has not been determined.
(19) Historic Structure. A structure that is: (a) Listed individually in the National Register of Historic
Places,maintained by the Department of Interior,or preliminarily determined by the Secretary of the Interior as meeting
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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 landmarks; (d) Individually listed on a local inventory of historic places or landmarks; or(e) Identified as
contributing or compatible within a local historic district.
(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 134(a) of this Ordinance; (b) The enclosed area is
unfinished(not carpeted,drywalled,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.
(21) Minor Project.Small development activities(except for filling,grading and excavating)valued at less
than$500.
(Ord. No. 4197; 10-14-14)
(22) New Construction. For flood plain management purposes, "new construction' means structures for
which the start of construction commenced on or after January 28, 1980(the effective date of the flood plain management
regulation adopted by the City of Ames)and includes any subsequent improvements to such structure.
(23) 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 non-habitable structures.
(24) Overlay District. A zoning district in which additional requirements act in conjunction with a base
zoning district and/or other overlay districts.
(25) 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;and(d)designed primarily
as temporary quarters for recreational, camping travel or seasonal use and not for use as a permanent dwelling.
(26) Routine Maintenance of Existing Buildings and Facilities.Repairs necessary to keep a structure in a
safe and habitable condition that do not trigger a building permit, provided they are not associated with a general
improvement of the structure or repair of a damaged structure. Such repairs include:
(a) Normal maintenance of structures such as re-roofing,replacing roofing tiles and replacing
siding;
(b) Exterior and interior painting,papering,tiling,carpeting,cabinets,counter tops and similar
finish work;
(c) Basement sealing;
(d) Repairing or replacing damaged or broken window panes;
(e) Repairing plumbing systems, electrical systems, heating or air conditioning systems and
repairing wells or septic systems.
(Ord. No. 4197, 10-14-14)
(27) Special Flood Hazard Area.The land in the flood plain within a community subject to one percent or
greater chance of flooding in any given year.
(28) Start of Construction.The 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.
(29) 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.
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(30) 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.
(31) 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 of an "historic
structure", provided the alteration will not preclude the structures 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.
(32) Variance.A grant of relief by a community from the terms of the flood plain management regulations.
(33) Violation.The failure of a structure or other development to be fully compliant with the community's
flood plain management regulations."
(Ord. No. 4007, 09-22-09)
Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable
as set out by law.
Section Three. All ordinances,or parts of ordinances,in conflict herewith are hereby repealed to the extent of
such conflict, if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this 10`h day of May,2016.
Diane R.Voss, City Clerk Ann H. Campbell,Mayor
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