HomeMy WebLinkAboutA001 - Memo dated October 6, 2020 from Planning with attachments I it
A m e s
Memo
Department of Planning S Housing
Caring People
Qualhiv Programs
Exceptional Service
TO: Diane Voss, City Clerk
FROM: Justin Moore, Planner
DATE: October 6, 2020
SUBJECT: Zoning Text Amendment for Chapter 9 FIRM
The Planning and Zoning Commission took action on the above-mentioned amendment to the Zoning
Ordinance at its meeting of September 16, 2020.
The City Council will be reviewing this proposed amendment at its meeting of October 27, 202 .0
1 have attached a copy of the Commission Action Form for your review.
Please contact me at extension 5400 if you have any questions regarding this agenda item.
JM/nr
Attachment
S:\Planning.Dep\PLAN_SRR\Council Boards Commissions\PZ\Memo to Clerk Regarding Zoning Text Amendments-to Council for Bicycle Parking
Standards 08-22-2019
ITEM # 6
DATE 09-16-2020
COMMISSION ACTION FORM
SUBJECT: FLOOD PLAIN ZONING REGULATIONS TEXT AMENDMENT TO
ADOPT THE NEW FLOOD MAPS, UPDATE DEFINITIONS, AND AMEND
TERMINOLOGY USED IN CHAPTER 9 OF THE AMES MUNICIPAL
CODE.
BACKGROUND:
The City of Ames participates in the National Flood Insurance Program (NFIP). Because
of this. property owners in the City are eligible to purchase flood insurance to protect their
structures and contents. To participate in the NFIP, the City is obligated to regulate
development so as to reduce the risks of loss of life, personal injury, and property
damage. The City has adopted an ordinance that regulates development in the flood plain
and maps that identify the flood plain for waterways throughout the City. Some of the
more significant standards of the City's ordinance are requirements to have new buildings
constructed three feet above the base flood elevation when located in the foodway fringe
and under certain circumstances existing nonconforming buildings require improvements
to current flood protection requirements.
Part of that ordinance adopts by reference the Flood Insurance Rate Maps (FIRMs)
prepared by the Federal Emergency Management Agency (FEMA). Floodplains within
the city include Skunk river. Squaw Creek, Clear Creek, College Creek and Worle Creek.
(Map-Attachment B) Additionally. several Unnamed small streams including the Tea
Garden outlet stream were included. The current Flood Insurance Study (FIS) and FIRMs
were adopted in 2008 and a focused update study for College Creek and Worle Creek
was adopted in 2014. A new study that updates the topography of the area within
Ames with new FIRMs have been prepared and are slated to become effective on
January 15th 2021. Therefore, the City must adopt these maps in order to remain in
compliance with the NFIP. Note that meteorological event changes are not part of this
update by DNR and FEMA.
These maps affect all (SFHA) Special Flood Hazard Areas, otherwise referred to as
'floodplain' in Ames. The floodplain is divided into two main areas called the Floodway
which is the most restrictive to development and the Floodway Fringe which is the 100
year floodplain area which has a 1% chance of flooding each year. Development in this
area must meet minimurn flood protection standards. The new mapping updates the flood
area for 100-year storm events, which is consistent with NFIP.
There are some areas that are designated as 500-year floodplain on the FIRM map
panels. These areas have a 0.2% chance of flooding each year. The City does not
regulate 500- year floodplain, although it is still recognized by FEMA and DNR for
insurance purposes.
1
The new Flood Insurance Study has resulted in more accurate Flood Insurance Rate
Maps depicting Base Flood Elevations (BFE). The new topographic data is from LIDAR
analysis from 2009. These more accurate maps will help the community plan for and
better regulate development activities in the flood plain. It will also help affected
homeowners and businesses to obtain the proper level of flood insurance coverage at the
best price. The new study also updates the city's vertical datum it uses to determine base
flood elevation (BFE) from the NGVD1929 standard to the NAVD1988 standard. This
scale of measuring elevations was used in the existing FIRMs but the new maps establish
elevations for the study area in North American Vertical Datum 1988 (NAVD 88).
In November 2018 FEMA delivered preliminary FIRM's to the City for our review and
comment. Once draft maps were prepared. City staff conducted an open house in
January 2019, and published an invitation to the community. In March 2019 City staff
mailed notices to all property owners with property currently within the flood plain or new
properties coming within the new boundaries of the floodplain to make all property owners
potentially affected by this update aware of what is happening. A public comment and
review period began in January 2019. The City created a web map viewer for the public
to easily identify changes as part of this process, which can be found on the City s
Planning Division website. The comment and review period for both the public and the
City ended in December of 2019.
The FIRM update brings a total of 70 new parcels, including 39 buildings, into the
100-year floodplain. Nine parcels are being removed. The boundaries of the
floodway did not change. Of the new buildings being added the vast majority of
those are non-residential.
During the City's review staff looked at the proposed new FIRM to determine if past flood
events coincided with the proposed new 100-year floodplain boundaries and if there were
any areas staff felt should be included that weren't or if staff had any concerns about new
areas being included. Staff determined the proposed boundaries reflected where water
could be expected to rise to during an event of the particular magnitudes predicted for.
However, one area staff did disagree with that was proposed to be placed within the 100-
year floodplain is the land abutting Ada Hayden Lake. Staff appealed that section of the
map and submitted engineering data that staff believes supports not placing the land
immediately adjacent to the lake within the floodplain boundaries. FEMA reviewed the
appeal and granted changes to the map which removed the 100 year flood plain on much
of the land immediately abutting the lake and limited it to just the surface of the water and
a wetland area along the west side of the lake. The City has control of an outlet structure
that empties water from the Skunk River into Ada Hayden Lake. As this can be controlled
and with the engineering of the lake FEMA ultimately agreed with the City of Ames it is
not a flood hazard.
One additional area that does not match existing conditions is in south Ames in the Tea
Garden drainage area. Although a flood plain is still depicted for a waterway near
Highway 69 and the Mucky Duck, the City as a separate process is pursuing a map
amendment to remove the piped area from the flood plain.
Much of the expansion of floodplain is occurring along the Skunk River in the southeast
portion of the City east of Duff and south of Lincoln Way. Minor areas of increase in
floodplain are found along other areas near the Skunk River, Squaw Creek and Clear
Creek. Most of College Creek and Worle Creek areas remain unchanged as those areas
were remapped and updated in 2014. There are marginal decreases occurring as well.
The majority of decreases occur in the Skunk River area and in some areas along Squaw
Creek. These areas are isolated or found very near to the boundaries of the 100-year
floodplain indicating a small alteration in boundary location. The map showing where
changes to the 100-year flood plain boundary are located on the Planning Division
website and can be accessed via the following links:
Map of Changes
Additional Firm Update information
Proposed Text Amendments
This FIRM update also includes text amendment updates to the Chapter 9 development
standards. These are required updates that are primarily minor in nature and affect the
terms 'Building and replacing with 'Structures' and replacing 'Use/Uses' with the term
'Development'. Additional items being added include minor language dealing with
subdivision review proposals and reformatting a small section of the section dealing with
Substantially improved structures. The sections affected are sections 9.4, 9.5, 9.6. 9.7
and 9.8. The text amendment also makes changes to some existing definitions while
adding some new definitions. The definitions are divided into current definitions being
amended and new definitions. Regardless of whether a community uses the terminology
in it's general standards the new definitions are required by FEMA to be inserted into the
definitions section. Some of the new definitions are not used yet in our standards.
The new map number and associated FIRM panels and their adoption date must be
added into the ordinance as a part of this process. The text amendments included in this
update are required by the Iowa DNR and FEMA to be in compliance with federal and
state floodplain regulations. The text amendments can be found below in Attachment A.
Optional Model Ordinance Items from DNR
The Iowa DNR has also given the City optional ordinance language we can adopt if the
City believes it is necessary to enforcing our Floodplain Ordinance. The DNR is giving
cities the option of no longer requiring Conditional Use Permits in floodplain areas that
have not been delineated between floodway and 100-year floodway fringe areas known
as General Floodplain. Currently. General Floodplain Districts are treated all as floodway.
The new language would eliminate Zoning Board of Adjustment review of the placement
of structures, fill, factory built homes, excavation, storage of materials and obstructions
within General Floodplain areas, but not the city's development standards and protection
measures. Currently if a project involving one of the items listed above is proposed in a
General Floodplain within the City, a Conditional Use Permit must be requested from the
Zoning Board of Adjustment in addition to concurrent approval from the DNR. The
process of having to obtain a Condition Use Permit could be viewed as burdensome to
an applicant when the applied standards are the same and as such the DNR is providing
the option of eliminating this process. Development in the general flood plain is very rare
and in Ames as they are areas on the perimeter of the City. Currently there are only 2
areas in the City where General Floodplain exists. (See Attachment A)
Based on how subdivisions and site developments are currently permitted in the City no
site development or subdivision would be able to occur without City review and approval
by multiple departments. This includes review of floodplain development. Given the
review requirements already in place the process of developing in a General Floodplain
would always be subject to review by the City and DNR. Eliminating the Zoning Board of
Adjustment review is not viewed as change or elimination of flood protection standards
themselves.
ALTERNATIVES:
1 . The Planning & Zoning Commission can recommend that the City Council amend
Chapter 9 of the Ames Municipal Code as shown in the attachment, including the
optional language removing the requirement for a Conditional Use Permit in General
Floodplain Districts in Section 9.6. Note-Final ordinance drafting with the City Attorney
and DNR will be complete prior to Council review.
2. The Planning & Zoning Commission can recommend that the City Council amend
Chapter 9 of the Ames Municipal Code with only the required amendments.
3. The Planning & Zoning Commission can recommend that the City Council not approve
the proposed amendments.
RECOMMENDED ACTION:
The new Flood Insurance Study has resulted in more accurate Flood Insurance Rate
Maps depicting Base Flood Elevations (BFE). These more accurate maps will help the
community plan for and better regulate development activities in the flood plain. It will also
help affected homeowners and businesses to obtain the proper level of flood insurance
coverage at the best price.
The new FIRM as finalized by FEMA and the Iowa DNR is required to be adopted to be
in compliance with the National Flood Insurance Program (NFIP). The new maps must
be adopted. and the published Ordinance submitted to Iowa DNR no later than January
15th, 2021. The associated text amendments have been reviewed and are generally minor
nature and seen as acceptable by Staff. The change to eliminate the ZBA Conditional
Use Permit process does not affect the actual flood protection standards that would apply
to the General Floodplain Overlay District.
Therefore, it is the recommendation of the Department of Planning and Housing
that the Planning and Zoning Commission act in accordance with Alternative #1,
which is to recommend to the City Council to amend Chapter 9 of the Ames
Municipal Code as shown in the attachment.
4
Attachment A (Text Amendments To Chapter 9)(New Text in Yellow)
Sec. 9.1 . STATUTORY AUTHORIZATION, FINDINGS OF FACT, AND PURPOSE.
(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:
(b) Restrict or prohibit uses development which are is dangerous to health.
safety or property in times of flood or which cause excessive increases in flood heights
or velocities.
(c) Require that uses development vulnerable to floods, including public utilities
which serve such uses development, be protected against flood damage at the time of
initial construction or substantial improvement.
Sec. 9.2. GENERAL PROVISIONS.
(2) Establishment of Official Flood Plain Zoning Map. The Story County. Iowa
and Incorporated Areas Flood Insurance Rate Map (FIRM). City of Ames. Panels
19169GQ135E 140E 141E, 142E, 155E 161E 162E 164E 168E 170E 276G
256F and 257F, dated OGtobeic 16, 2014, whiGh were prepared as part of the
Flood IRSUFaRGe Study fE)F StE)Fy GOURty and digital FIRM equivaleRts are heFeby
19169C0135F, 0137G. 0139G, 0141 G, 0142G, 0143G. 0144G, 0155F. 0161 F.
0162F. 0163G, 0164F, 0168F, 0170F, 0256G, 0257G, 0276F, 0277F, dated
January 15 2021, which were prepared as part of the Flood Insurance Study for
Story County and digital FIRM equivalent are hereby adopted by reference and
declared to be the Official Floodplain Zoning Map.
(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 te uses within the jurisdiction of this eFdaRaRGe.
Sec. 9.3. ESTABLISHMENT OF ZONING OVERLAY DISTRICTS.
(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 or- development not allowed as Permitted Uses or Permitted
development or authorized as GendifiGiPlal 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.
(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.
(2) Development Uses. The following uses developments 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 developments 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 development 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 development 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 development similar in nature to uses development described as
permitted uses development or listed development uses, which are consistent with the
performance standards of Subsection (3) below and the general spirit and purpose of
this ordinance.
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(3) Performance Standards. All Floodway Overlay District uses development allowed as
a Permitted of Development Use shall meet the following standards:
(a) No use development 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 development within the Floodway Overlay District shall:
(1) 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 development 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 Structures, if permitted, shall have a low flood damage potential and
shall not be for human habitation.
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 development must be consistent with the
need to minimize flood damage and shall meet the following applicable
performance standards. Until a regulatory floodway is designated, no
development may increase the Base Flood Elevation more than one (1) foot. The
applicant will be responsible for providing the Department of Natural Resources
with sufficient technical information to make such a determination.
(a) All structures shall
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(1) 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
(Ili) be constructed by methods and practices that minimize flood damage.
(b) Residential buildings Structure. 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 cgs Structure. All new and substantially improved non-
residential cgs structures 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.
(h) No use development 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 aSSOGiat
Development associated with subdivision proposals (including the installation of
public utilities) shall meet the applicable performance standards of this Ordinance.
ti
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.
(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 minimurn 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. SUGh areas shall be used selely fof
storage. Such areas shall be used solely for parking of vehicles,
building access, and low damage potential storage.
Sec. 9.6. GENERAL FLOOD PLAIN OVERLAY DISTRICT (FP).
(1) (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 development 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.
(2) Conditional Uses. Any use development 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
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:
(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 structure or b. the elevation to which new or substantially
improved structures have been floodproofed.
(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:
(v) Elevation of the lowest floor (including basement) of bu+ld+egs a
structure or of the level to which a building is to be floodproofed.
(vi) For bu+ldiRgs a structure being improved or rebuilt, the estimated
cost of improvements and market value of the building prior to the
improvements.
(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, bUild+eg structure 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.
Section 9.7(3)(e)(ii)(a)(7-9)
(e)Hearings and Decisions of the Zoning Board of Adjustment.
(ii)Decisions. The Board shall arrive at a decision on a Conditional Use, Appeal,
or Variance within a reasonable time. In passing upon an Appeal, the Board may, so
long as such action is in conformity with the provisions of this ordinance, reverse or
affirm, wholly or in part, or modify the order, requirement, decision, or determination
appealed from, and it shall make its decision, in writing, setting forth the findings of fact
and the reasons for its decision. In granting a Conditional Use or Variance the Board
10
shall consider such factors as contained in this section and all other relevant sections of
this ordinance and may prescribe such conditions as described below.
a. Factors Upon Which the Decision of the Board Shall be Based. In passing
upon requests for Conditional Uses or Variances. the Zoning Board shall consider all
relevant factors specified in other sections of this ordinance and:
7. The availability of alternative locations not subject to flooding for the
proposed use development.
8. The compatibility of the proposed use development with existing
development and development anticipated in the foreseeable future.
9. The relationship of the proposed use development to the
comprehensive plan and flood plain management program for the area.
Section 9.7(3)(e)(ii)(b)(5)(h)
h) Pumping facilities or comparable practices for subsurface drainage systems for
building a structure to relieve external foundation wall and basement flood pressures.
Sec. 9.8. NONCONFORMING USES.
(1)ln 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 development shall be expanded or enlarged to cover more lot area, or
changed to another
U-se development, unless that use development is a permitted use development.
(e)If a nonconforming use is discontinued for twelve (12) consecutive
months, any future use of the build+egs structure or premises shall conform to this
ordinance.
(3) 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:
.(d)lf a nonconforming use is discontinued for twelve (12) consecutive months,
any future use of the bu+IdiRgS structure 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 development shall be expanded or enlarged to cover more lot area, or
changed to another
l-se development, unless that use development is a permitted use development.
II
(e) If a nonconforming u-se development is discontinued for twelve (12)
consecutive months, any future use of the buildings structure or premises shall
conform to this ordinance.
Optional Amendment Item (Recommended by Staff)
Amending Section 9.6 Remove Conditional Use Permits In General Floodplain
(Overlay) Districts and replace with standards:
General Floodplain (Overlay) District (GF)
(4) Permitted Uses
a. All development within the General Floodplain District shall be permitted to
the extent that they are not prohibited by any other ordinance (or underlying
zoning district) and provided they meet the applicable performance standards
of the General Floodplain District.
b. Any development which involves placement of structures. factory-built homes,
fill or other obstructions, storage of materials or equipment, excavation or
alteration of a watercourse 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. The
applicant shall be responsible for providing the Department of Natural
Resources with sufficient technical information to make the determination.
c. Review by the Iowa Department of Natural Resources is not required for the
proposed construction of new or replacement bridges or culverts where:
1) The bridge or culvert is located on a stream that drains less than two (2)
square miles, and
2) The bridge or culvert is not associated with a channel modification that
constitutes a channel change as specified in 567-71 .2(2), Iowa
Administrative Code.
(5) Performance Standards
a. All development. 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 development, or portions thereof, to be located in the floodway fringe as
determined by the Department of Natural Resources shall meet the applicable
provisions and standards of the Floodway Fringe (Overlay) District.
Current Definitions Being Amended
1�
BASE FLOOD ELEVATION (BFE) - The elevation floodwaters would reach at a particular
site during the occurrence of a base flood event Base Flood-Elevation (BFE). The h& ht
to which the base flood is estamated to r+se
FLOOD INSURANCE STUDY (FIS) -A report published by FEMA for a community issued
along with the community's Flood Insurance Rate Map(s). The study contains such
background data as the base flood discharge and water surface elevations that were used
to prepare the FIRM. Flood InsuranGe Study. The OffiGial report provided by the Federal
profiles, as well as
Flood Boundary Fleedway Map and the water surfaGe elevation ef the base flood.
FLOODPROOFING -Any combination of structural and nonstructural additions, changes.
or adjustments to structures, including utility and sanitary facilities, which will reduce or
eliminate flood damage to such structures. FloodproofiRg. A G0mbiRatiGR of struGtLAr@l
pfavisl es;-e� ad' stment--t
pr+mar d
sanitarp #a
FLOODWAY FRINGE - Those portions of the Special Flood Hazard Area outside the
floodway. Floedway Fringe. That area of the fleGdp4n, eutside the fleedway. that has
SPECIAL FLOOD HAZARD AREA (SFHA) - The land within a community subject to the
"base flood". This land is identified on the community's Flood Insurance Rate Map as
Zone A, Al-30. AE, AH, AO. AR. and/or A99. These Zones apply to areas Spec+a Fle-
Hazard Area. The Iand R the flood plain within a GOMmunity subject to one percent or
greater chance of flooding in any given year
STRUCTURE - Anything constructed or erected on the ground or attached to the
ground, including, but not limited to, buildings, factories, sheds, cabins, factory-built
homes, storage tanks, grain storage facilities and/or other similar uses. S#FUcWfe.
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Gabins, mGb*le homes, manUfaGtUred homes, other similar terns, and walled and
roofed buildings, including gas or liquid storage tanks that are PFORGipaily above
ground.
New Definitions
APPURTENANT STRUCTURE - A structure which is on the same parcel of the property
as the principal structure to be insured and the use of which is incidental to the use of the
principal structure.
FIVE HUNDRED (500) YEAR FLOOD - A flood. the magnitude of which has a two-tenths
(0.2) percent chance of being equaled or exceeded in any given year or which, on
average. will be equaled or exceeded at least once every five hundred (500) years.
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FLOODPLAIN MANAGEMENT - An overall program of corrective and preventive
measures for reducing flood damages and promoting the wise use of floodplains,
including but not limited to emergency preparedness plans, flood control works,
floodproofing and floodplain management regulations.
HIGHEST ADJACENT GRADE - The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
NEW 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 completed on or after the effective date of the effective date of the first floodplain
management regulations adopted by the community.
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0 2%Annual Chance of Flood Boundary
— 1%Annual Chance of Flood Boundary
Spatial Extent
Floodway Boundary
Limit of Detailed Study Area
' l General Flood Plain Overlay D
Floodway Overlay 0,
Floodway Fnnge Overlay 3
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PUBLIC NOTICE
The Ames City Council will hold a public hearing on proposed zoning text amendments regarding the new
flood plain maps, updated definitions, and amended tsrnainology used in Chapter 9 of the Ames Municipal
Code. This hearing will occur at 600 p.m. on October 27, 2020. Due to the COVID-19 pandemic, this will
bean electronic meeting. Any and all-persons desinngto be heard for or against the proposed
amendments as aforesaid may participate by going to: https://zoom.us/a/826593023 or by telephone by
dialing the following number: US:1-312-626-6799; the Zoom Meeting ID is: 826 593 023.
Diane R. Voss, City Clerk
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