HomeMy WebLinkAboutA003 - Council Action Form dated October 27, 2020 ►mod __�, -��
ITEM # 20
DATE 10-27-20
COUNCIL ACTION FORM
SUBJECT: FLOOD PLAIN ZONING REGULATIONS XT AMENDMENT TO
ADOPT THE NEW FLOOD INSURANC REATE MAPS, UPDATE
DEFINITIONS, AND AMEND TERMINOLOG 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. Chapter 9 Flood Plain Zoning. 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 protected/constructed three feet above
the base flood elevation when located in the floodway fringe, restrict development within
the floodway, and under certain circumstances requiring improvements to existing
nonconforming buildings to current flood protection requirements.
Chapter 9 incorporates 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.
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). The
map update also brings with it some text amendments to the floodplain development
1
standards in Chapter 9 in order to maintain compliance with DNR and FEMA standards.
A more detailed explanation of the proposed text amendments and map change is
discussed in the addendum below.
The process of updating the maps was initiated by FEMA and DNR in 2018. Notice was
provided in March 2019 to property owners within the flood plain about the impending
changes and how to review and comments on the proposed changes to DNR. 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 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. Staff mailed out follow up letters in October 2020 as a
reminder to the 70 property owners that the FIRMS are changing and City Council
would review the proposed changes to our local ordinances on October 271n
PLANNING & ZONING RECOMMENDATION:
At the September 161n Planning & Zoning Commission meeting the Commission voted 5-
1 to recommend approval of the new FIRM map and associated text amendments
including eliminating the requirement of a Conditional Use Permit in General Floodplain
Overlay areas.
The Planning & Zoning Commission discussed and asked questions about what
eliminating the Conditional Use Permit Requirement would cause the City to lose. Staff
replied that we believe there is no loss of oversight as City and DNR standards still apply.
The extra step of having a Board review a project subject to precise performance
standards is seen as duplicative of the Administrative review process already in place.
General Flood Plain overlay is only found in two areas of the community, east of 1-35 and
north Ames near Ada Hayden.
One change has occurred since the Planning & Zoning Commission
recommendation is upon further consultation with the DNR staff has discovered
that `development' was not required to replace `use' in Section 9.8(1-3) (Non-
conforming uses). As a result staff has chosen to leave `use' in place in this
particular section. DNR views this sections reference to the term `use' as a zoning
matter and not directly tied to floodplain development regulations.
ALTERNATIVES:
1 . The City Council can 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 and approve on
first reading an ordinance making these changes.
2
2. The City Council can amend Chapter 9 of the Ames Municipal Code with only the
required amendments and approve on first reading an ordinance making these
changes.
3. The City Council can choose not to approve the proposed amendments.
CITY MANAGER'S 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 FIRMs, as finalized by FEMA and the Iowa DNR, are 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
151h, 2021 . The associated text amendments accompanying the map updates are minor
in nature and do not have substantive effects on specific standards. 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 City Manager that the City Council act
in accordance with Alternative #1, which is to amend Chapter 9 of the Ames
Municipal Code as shown in the attachment and adopt the new proposed FIRM.
3
Addendum
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
minimum 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.
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.
Staff mailed out follow up letters in October 2020 as a reminder to the 70 property owners
that the FIRMS are changing and City Council would review the proposed changes to our
local ordinances on October 271".
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
4
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
5
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.
6
Attachment A- Proposed Text Amendment
Highlights are text changes
ORDINANCE NO.
AIN ORDINA.rCE TO AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES,IOWA,BY AMFNDING CHAPTER 9
SECTION 9.1(3)bxc).9.2(2)(4).9.3(3).9.4(2)(bXeXg),
(3)(axb)(c)(e),9 4(2xb)(c)(h)(Mk)(ixc),9.6(1)(8)(2),
9.7(t)(bxuix2xvXA).(e),(31(exiiXax7xRx9),9.7(3)(e)(ii)(b)(5)(h),
9.8(1Na)(e)(2xd(3)(axe),9.11(2X12)(14)(16X27X29)AND
ENACTING A NEW SECTION 9.6(4xaxbxcxlx2),(5)(a)(b),
9.11(34K35x36x37x38)THEREOF FOR THE PURPOSE OF
ADOPTING NEW FLOOD MAPS,UPDATEDEPINITIONS
AND AMEND TE-%1QNOLOGY;REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
TO THE EXTFNT OF SUCH CONFLICT;PROVIDING A
PENALTY;AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ENA(7FED.by the City Council for the City of:Imes.Iowa.that
Section Une The Municipal Code of the City of Aires,Iowa shall be and the same is hereby
amended by enacting Chapter 9 as follows.
"Sec.9.1.STATUTORY A1.THORI7.ATION,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 development which is dangerous to health,safety or property in tunes of
flood or which cause excessive increases in flood heights or velocities
(c) Require that development vulnerable to floods, including public utilities which serve such
development, tx: protected against fl(xxi damage at the time of initial construction or suhstanual
improvement.
Sec.9.2.GENERAL PROVISIONS.
(2)Eitablisharent of Official Fkmd Plain 7.00ing 11tap.The Story County.Iowa and
Incorporated Areas Flood Insurance Rate Map(FIRM). City of Amex, Panels 19169C0135F, 0137G.
0139G. 0141G, 0142G, 0143G, 0144G. 0155F. 0161F. 0162F. 0163G, 0164E 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)Conipliance-10 structure or land shall hereafler be used and no structure,hall be
located.extended.converted or structurally altered without full compliance with the tams of this chapter
and other applicable rcgulaucros.
Sec.9.3.FSTABT.ISHhfF.NT OF 7.ONING OVERT.AY 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'clap Within these districts,all development
not allowed as permitted development are prohibited unless a variance to the tams 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
7
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 inliastructurc):
(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 couru,
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 rangm
hunting and fishing areas, hiking and horseback riding trails, and non-habitable structures accessory to
them that meet the applicable Floxidway Overlay District Performance Standards
(d)Residential accessory ices such as lawns,gardens and play areas
(c)Grading provided there is no change of surface topography of more than one
foot and no fill is introduced into the Floodway.
(t)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 nprap or similar material,provided that any required
permits from the lows Department of Natural Resoxrrces or Army Corps of Engineers have been approved
Such Uses must also meet the applicable provisions out the Floxxlway Overlay District Perkwmance
Standards.This also includes any activity defined as maintenance under the nationwide permit issued by
the Army Corps of Lngineers
(2)Development I1xs The following tmces developments which involve siruclures(temporary or
permancm),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 developments must also meet the applicable
provisions of the Flcxxlway Overlay DistTicl Performance Standard~.
(a)Transient commercial uses such as circuses,carnivals,flea markets,and
similar transient enterprises.
(b)Permanent commercial development such as drive-in theaters,new and
used car lots,and roadside stands
(c)Rorrow pits,storm water detention and Tetrntlon areas,and extraction of
sand.gravel,and other materials
(d)Marinas,boat rentals,docks,piers,wharves.
(e)Accxssory development such as loading areas,driveways and parking areas.
(f)Grading,in which the surface toptigraph) may be increased greater than one
foot
(g)Other development similar in nature to development described as
permitted development or listed develcipment, which are consistent With the performance standards of
Subsection(3)below and the general spirit and purpose of this ordinance
(3)Performance Standitak All Floxxlway Overlay District development allowed as a Permitted
Development shall meet the following standards:
(a)No development shall be permitted in the Floodway Overlay District that
would result in anv Increase in the haw flood elevation level Consideration of the effects of any
development on flood levels shall be hued 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 fir the area of drainage involved.
(h)All development within the Flo odway Overlay District shall:
(i)Be consistent with the need to minimize flood damage.
(u)Use construction methods and practices that will minimize and resist
flood damage.
(iii)IJ:e construction materials aril utility equipment that are resistant to
flood damage.
(c)No 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
8
the applicable performance Standard%of the Floodway Fringe Overlay District and shall the constructed or
aligned to present the minimum passible resistance to flood flows
(e)Structures,if permitted,shall have a low flood damage potential and shall not
be for human habitation
Sec.9.5.FIAX)DWAY PRINGIE OVERLAY DIS1•RICT.
(1)Permitted Uses All uses within the Flodway Fringe Overlay District shall be permitted to the
extent that they are not prohibited by any other ordinance cc underlying zoning district and provided they
meet applicable performance standards of the Fdoodway Fringe Overlay District.
(2)Performance Standards .All development must he insistent 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
(i)he adequately anchored to prevent flotation,collapse or laieral
movement of the structure,
(ii)be constructed with materials and utility equipment resistant to flood
damaee,and
(iii)be constructed by methods and practices that minimize flixxl
damage.
(b)Residential Structure-All new or substantially improved residential structures
shall have the lowest tour,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 existirng 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 he provided with a means of access which will
be passable by wheeled vehicles during the base flood elevation
(c)Non-residential Structure.All new and substantially improved ran-residential
structures shall have the lowest floor(including basement)elevated it minimum of three(3)fret alxwe 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 Ionia shall certify that
the floodpro ofing methods used are adequate to withstand the llixl 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
Iloodprohfed shall he maintained by the Flood Plain Administrator
(h)No development shall affect the capacity or conveyance of the channel or
flexdway of any tributary to the main stream, drainage ditch, or tither drainage facility or system- In
addition,the L,cpartment 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 flcxd damages and shall have adequate drainage provided to reduce
exposure to flood damage Development associated with subdivision proposals(including the installation of
public utilities)shall meet the applicable performance standards of this Ordmarice. 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 Prolx>sed 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
Floxlway,Flodway Fringe,or General Floo dwHy Overlay Districts tin the preliminary plat and final plat
9
(k)For all new and substantially improved structures
(i)Fully enclosed areas below the"lowest floor"(raft including
basements)that are subject to Ilaxhng shall he designed to auu»natically equalize hydrostatic dart forces
on exterior walls by allonving for the entry and exit of lloxxlwaters. Designs for meeting this requirement
must either be cenified by a licensed pmfessumal ens,
meer 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 he 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.
Sec.9.6.GENERAL FLWD PLAIN OV FRLAY DISTRICT(H).
(g)Public infrastructure such as bridges:roads.trails:culverts;fill,excavation or
grading.channel changes.relocations or placement of riprap or sim ilar material;provided that any
required permits from the hAva Department of Natural Resources or Army Corps of Engineers have been
approved Such development must also meet the applicable provisions of the Floedway Overlay District
Performance Standards.This also includes any activity defined as maintenance under the nationwide permit
issued by the Army Corps of Engineers
(3)Performance Standards
(a)All conditional uses,or portions thereof,to be located in the tloodway as
determined by the Department of Natural Resources shall mat the applicable provisions and standards of
the Floodway Overlay District
(h) All conditional lases, or portions thereof, to be located an the flood%vay fringe as
determined by the Department of Natural Resources shall meet the applicable standards of the Floodway
Fringe Overlay District
(3)Perm itted I J."
a AI I development within the 0encral Floodplam I)rstrict shall he perm fitted 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 Fioodplarn Distract.
h. Any development which involves placement of structures, factor-built homes,
fill or other obxstruction&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 tloxiw•ay or flo odway fringe and(ii)the base [loud elevation. The applicant
shall be responsible for providing the Department of Natural Resources with suflucrent technical
information to make the determination.
C. Review by the Iowa fhpartment 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 drams less than two(2)
square miles,and
2) The bridge or culvert is not associated with a(flannel modification that
constitutes a channel change as specified in 567-71 ^('_'),Iowa Administrative Code
(4)Performance Standards
d All development, or portions thereof, to he located in the flootway as
determined by the
Department of Natural Resources shall meet the applicable provisions and standards ofthe Floodway
((h,erday)District.
10
C. All development, or portions thereof, to be located in the lloodway (Tinge as
determined by the Department of Natural Resources shall meet the applicable provisions and standards
of the Floodway Fringe(Overlay)District.
Sec.9.7.AD14RNiSTRATION
(1)Appointment,Duties and Respensibildies of Flood Plain Adm mistrator
(a)'fhe Flood Plain Administrator(the Administrator)shall he the Director of the
Department of Planning and Housing or hishcr designee and shall administer and enforce this chapter and
will herein he referred to as the Administrator.
(b)Duties and responsibilities of the Adumuustrator shall include,but not necessarily be
limited to,the following
(ni)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 suhstantially improved structure or
b the clevaticn to which new or substantially unproved structures have
been floalpro ofed.
(2)Flood Plain Development Permit
(a)Permit Required.A Flood Plain Development Permit issued by the Administrator
shill be secured prior to initiation of any flood plain do clopmcnt.Dcvcloq mrnt is defined in Section 9 11
(h)Application for Permit.Application fcr a Flood Plain Development Permit shall he
made on forms supplied by the Administrator and shall include the following information
(v)Wevatiin of the lowest floor(including h iscYnent)of a structure or of the
level to which a building is to be floodproofed
(vi)For a structure being imprn ed or rebuilt,the estimated cast of
improvements and market value of the building Prior to the improvements.
(e)The applicant shall he required to submit certification by a profemioual engineer or
land surveyor,as appropriate,licensed in the State of low•a.that the fmishcd till,structure floor elevations,
flo odproofmg,or other flaxl protection measures were accomplished in compliance with the provisions of
this Ordinance,prior to the use or occupancy of any structure
(3)Conditional lases,Appeals.and Variances
(e)Hearings and Decisions of the Zoning Board of Adjustment
(ii)Decisions The IkaHrd shall arrive at H decision on a Conditional i.'se,
Appeal,or variance within a reasonable time.In passing upon an Appeal,the Baud may,so long as such
action is in conformity with the provisions of this ordinance,reverse or affirm,wholly or in part,or modify
the order,requirement,decision,or determination appealed from,and it shall make its decision,in writing.
setting forth the findings of fact and the reasons for its decision In granting a Conditional Use or Variance
the Board shall consider such factors as contained in this section and Till other relevant sections of this
ordinance and may prescribe such conditions as described below.
a Factors Upon Which the Decision of the Baird Shall be Based In
passing upon requests for Corahuomal 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 subn ct to
11
(loading for the proposed development
X.'the compatibility of the proposed development with
existing development and development anticipated in the foreseeable future.
9 The relationship of the proposed development to tlne
comprehensive plan and flood plain management program for the area.
h.Conditions attached to Conclawmal l:scs or Variances Upon
consideration of the factors listed above, the Liorrrd may attach such conditions to the granting of
Conditional Uses or Variances as it deems necessary to further the purpose of this ordinance Such
conditions may include.but are not limited to.
i FloWprooCtng measures shall be designed consistent with
the flood protection elevation for the particular area,flood velocities,durations.rate of rise,hydrostatic and
hvdndunamnc forces, and other factors associated with the regulatory flood. The Zoning Board of
Adjustment shall require that the applicant submit a plan or document certified by a licensed professional
engineer that the floodproofing measures are consistent with the regulatory flood protection elevation and
associated flood factor% for the particular area Such floodproofing measures may include, but are not
necessarily limited to the following
(h)Pumping facilities or comparable practices for
subsurface drainage systems for a structure to relieve external lbundation wall and basement flood
pressures
Sec.9.8.NONCONFOR.NIING ilSES.
(1)In the Floodway Overlay District When located in the Fl(x- way Overlay District,a structure.
or the use of a structure,or the use of land,which was lawful heforc Jul),16,2(x)4,but is not in conformity
with the provisions of this ordinance,may be continued subject to the following conditions:
(a)No use shall be e\panded or enlarged to cover more lot area,or changed to
another use,unless that use is a permitted use.
(e)If a nonconforming use is discontinued for twelve(12)consecutive months,any future
use of the structure Or premises shall conform to this ordinance.
('_)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 aas lawful hefore July 16.20t64,but is not
in conformity with the provisions of this ordinance.may be continued sutleu to the following conditions-
(d)If a nonconforming use is discontinued for twelve(12)consecutive months any
future use of the structure or premises shall conform to this ordinance.
(3)In the General Flood Plain Overlay District Rhc n 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 16,20(A,
but is not in conformity with the provisions of this ordinance,may be continued subject to the following
auditions:
(a)No use shall Ix expanded or enlarged to cover more lot area,or changed to
another use,unless that use is a permitted use
12
punishable as set out by law
Section Three All ordinances,or parts of kxdinances, to 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 Act its passage and
publication as required by law
Passel this day of
Diane R.Vasa,City Clerk Jdm A.Ilaila,Mayor
13
Attachment B- Existing Floodplain Areas
71
t�
i
i
r '
Legend r f
General Flood Plain Overlay
Floodway Fringe Overlay
Floodway Overlay
®AMES INCORPORATED LIMITS `
STREET LABELS-ALL @ 50000FT
----- Private
-- - ISU Road
City Road
County Secondary Current Floodplain
County Hwy
State Hwy N
US Hwy
US Interstate Hwy
RAILROAD CENTERLINES
14
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES,IOWA,BY AMENDING CHAPTER 9
SECTION 9.1(3)(b)(c),9.2(2)(4),9.3(3),9.4(2)(b)(e)(g),
(3)(a)(b)(c)(e),9.5(2)(b)(c)(h)(i)(k)(i)(c),9.6(1)(g)(2),
9.7(1)(b)(iii)(2)(v)(vi),(e),(3)(e)(ii)(a)(7)(8)(9),9.7(3)(e)(ii)(b)(5xh),
9.8(1)(a)(e)(2)(d(3)(a)(e),9.11 (2x12)(14)(16)(27)(29)AND
ENACTING A NEW SECTION 9.6(4)(a)(b)(c)(1)(2),(5)(a)(b),
9.11(34)(35)(36)(37)(38)THEREOF,FOR THE PURPOSE OF
ADOPTING NEW FLOOD MAPS,UPDATE DEFINITIONS
AND AMEND TERMINOLOGY; 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 enacting Chapter 9 as follows:
"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 development which is dangerous to health, safety or property in times of
flood or which cause excessive increases in flood heights or velocities.
(c) Require that development vulnerable to floods, including public utilities which serve such
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 19169C0135F, 0137G,
0139G, 0141G, 0142G, 0143G, 0144G, 0155F, 0161F, 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.
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 development
not allowed as permitted development are prohibited unless a 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.
(0 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 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 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 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 development similar in nature to development described as
permitted development or listed development, 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 development allowed as a Permitted
Development shall meet the following standards:
(a)No 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 development 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 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)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 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
(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 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 Structure. All new and substantially improved non-residential
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 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 associated with subdivision proposals(including the installation of
public utilities) shall meet the applicable performance standards of this Ordinance. 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 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.
Sec.9.6.GENERAL FLOOD PLAIN OVERLAY DISTRICT(FP).
(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 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)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.
(3)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:
I) 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.
(4)Performance Standards
d. 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.
e. 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.
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 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 a structure or of the
level to which a building is to be floodproofed.
(vi)For 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, 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.
(3)Conditional Uses,Appeals,and Variances.
(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 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 development.
8.The compatibility of the proposed development with
existing development and development anticipated in the foreseeable future.
9.The relationship of the proposed development to the
comprehensive plan and flood plain management program for the area.
b.Conditions attached to Conditional Uses or Variances. Upon
consideration of the factors listed above, the Board may attach such conditions to the granting of
Conditional Uses or Variances as it deems necessary to further the purpose of this ordinance. Such
conditions may include,but are not limited to:
. 5. F000dproofing measures shall be designed consistent with
the flood protection elevation for the particular area, flood velocities,durations,rate of rise,hydrostatic and
hydrodynamic forces, and other factors associated with the regulatory flood. The Zoning Board of
Adjustment shall require that the applicant submit a plan or document certified by a licensed professional
engineer that the floodproofing measures are consistent with the regulatory flood protection elevation and
associated flood factors for the particular area. Such floodproofing measures may include, but are not
necessarily limited to the following:
(h)Pumping facilities or comparable practices for
subsurface drainage systems for a structure to relieve external foundation wall and basement flood
pressures.
See.9.& 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.
(e)If a nonconforming use is discontinued for twelve(12)consecutive months,any future
use of the structure 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:
•.• (d)If a nonconforming use is discontinued for twelve(12)consecutive months,any
future use of the structure or premises shal I 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.
..• (e)If a nonconforming use is discontinued for twelve(12)consecutive
months,any future use of the structure or premises shall conform to this ordinance.
Sec.9.11.DEFINITIONS.
BASE FLOOD ELEVATION(BFE)-The elevation floodwaters would reach at a particular site during the
occurrence of a base flood event.
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
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.
FLOODWAY FRINGE-Those portions of the Special Flood Hazard Area outside the floodway.
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,AR AO,AR,
and/or A99. These Zones apply to areas 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.
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.
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."
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 day of ,
Diane R. Voss,City Clerk John A.Haila,Mayor