HomeMy WebLinkAboutA001 - Commission Action Form dated May 15, 2024 ITEM # 7
DATE 05-15-2024
COMMISSION ACTION FORM
SUBJECT: FLOOD PLAIN ZONING REGULATIONS TEXT AMENDMENT TO
UPDATE LANGUAGE, PROVISIONS, AND AMEND TERMINOLOGY
USED 1N CHAPTER 9 OF THE AMES MUNICIPAL CODE.
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i BACKGROUND:
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The proposed amendments are part of a routine review by the Iowa Department of Natural
Resources (DNR). 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.
The City of Ames administers its Floodplain Ordinance regulations under delegated
authority of the Iowa DNR and the Federal Emergency Management Agency (FEMA).
Approximately every 5 years the City receives a Community Assistance Visit from the
Iowa DNR as part of a regular process of staying up to date with the DNR floodplain
management process, reviewing Floodplain Development Permits, reviewing the
Floodplain Management Ordinance and to help the City discuss any matters or have any
issues addressed that the DNR can assist with.
Some of the more significant existing standards of the City's ordinance are requirements
to have new buildings constructed/placed completely outside of the floodway and to have
three feet of protection above the base flood elevation when located in the floodway fringe
(100-year flood plain). Under certain circumstances existing nonconforming buildings
require improvements to current flood protection requirements. Additional controls apply
to other activities and improvements in the floodway and fringe, Under no circumstance
may a project cause a rise in the base flood elevation of the floodway.
Recently, the City had a Community Assistance Visit this past March. As part of the visit,
the DNR provided the City with Ordinance updates it needs to complete in order to remain
compliant with the NFIP. Many of the updates are to correct small errors in grammar or
word and sentence structure to comply with NFIP standards and DNR requirements.
Other updates add in new or amended language to comply with NFIP and DNR standards.
The most recent update to the Chapter 9 language and standards was with the adoption
of the current Flood Insurance Rate Map (FIRM) in 2021.
The primary proposed change is new language being added to addresses new
regulations with regard to HVAC system installation for structures located within
the 100-year Floodplain. New language is also being inserted that updates the
Administrative standards when conditions arise or projects occur that require changes to
the Flood Map as a result of topographic conditions.
Additionally, new language is being created by staff that reinforces the delegated authority
the City has from the DNR in Iowa Code Chapter 455B of the Iowa Code. This authority
from the DNR allows decisions such as Variances from the local floodplain standards to
be reviewed and endorsed by the DNR when a Variance request arises and is reviewed
by the Zoning Board of Adjustment. The City relies upon delegated authority of 455B and
general zoning authority for cities established by Iowa Code 414 for Chapter 9
regulations.
Nothing in the new language or in the corrections being provided create new
standards or expectations beyond how City staff already administers the
requirements of Chapter 9,
Proposed Text Amendments
The proposed Text amendments involve some corrections in Sections 9.2, 9.4 and 9.5
involving grammar and sentence structure corrections which are re-wordings from the
existing language that better reflects DNR model ordinance language.
Staff is providing new language, with concurrence from DNR in Section 9.1 that adds in
language reinforcing the DNR's jurisdiction in Chapter 455B Section 2. This is in addition
to the Land Use statutory authorization already identified in Iowa Code 414 and called out
in Section 9.1. Staff believes this is important to identify the existing authority of DNR to
provide concurrence on issues such as Variances and Conditional Use Permits.
In Section 9.4 the Floodway Overlay standards are being updated to include rewording
of sentence structure to change the term 'habitable structures' to instead `structures' and
removing an exemption for obstruction, fill or alteration of a water course for public
infrastructure purposes. This reinforces that no structures or obstructions can be created
for any purpose including public infrastructure projects. This isn't a departure from how
projects are reviewed now as any obstruction, whether public or private is not permitted.
Section 9.4 will also now restrict recreational vehicles from being stored in the floodplain
that are not on wheels or can be readily removed. This primarily includes recreational
vehicles without wheels and/or not motorized such as detached campers or boats. This
scenario is already not be permitted in Ames in other areas of the Ordinance but FEMA
and DNR are requiring more detailed language stating this.
Section 9.5(2)(k) is being reworded and having new language inserted per FEMA
requirements that address how HVAC systems must be installed or designed in buildings
located within the floodplain. The new wording reorganizes the description of electrical
and plumbing requirements in this section to accommodate the new HVAC language. The
intent is to protect the components of the equipment and clarify that requirement.
Section 9.7(1)(b) is having new language inserted under Numeral IX which provides
new language addressing when the Flood Insurance Rate Map must be updated. These
standards are already understood by City Staff from direction in Federal Standards.
However, FEMA is now requiring all NFIP participating jurisdictions to have the wording
in local ordinances. If an applicant is responsible for causing the need for an update, the
City will require an applicant to complete the required update.
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.
2. The Planning & Zoning Commission can recommend that the City Council amend
Chapter 9 of the Ames Municipal Code with different amendments.
3. The Planning &Zoning Commission can recommend that the City Council not approve
the proposed amendments.
RECOMMENDED ACTION:
Staff has consulted with DNR and reviewed the proposed text amendments to Chapter 9.
The proposed new language and corrections are required by FEMA to participate in the
NFIP and are being administered by the Iowa DNR. None of the new language or
corrections create requirements that City Staff is not already aware of and administering
Therefore, it is the recommendation of the Department of Planning and Housing
that the Planning and Zoning Commission act in accordance with Alternative #1.
Attachment A (Text Amendments To Chapter 9)(New Text in Yellow)
STAFF INITIATED CHANGES
Sec 9.1(1)
(1) Statutory Authorization. The legislature of the State of Iowa has, in Chapter 414
Code of Iowa, delegated the responsibility to cities to enact zoning regulations to secure
safety from flood and to promote health and the general welfare, The legislature of the
State of Iowa has granted jurisdiction to the Iowa Department of Natural Resources over
water and floodplains in Chapter 455E Section 2 of the Code of Iowa. The Iowa
Department of Natural Resources has delegated authority to local units of government
;in Chapter 455.276 of the Iowa Code.
FEMA/DNR INITIATED CHANGES
SECTION 1. PARAGRAPH MODIFIED. Sec. 9.2(2) Establishment of Official Flood Plain
Zoning Map, Code of Ordinances of the City of Ames, Iowa, is repealed and the following
adopted in lieu thereof:
The Story County, owa and InGE)FIDGrated Areas Fleed InGurance Rate Map (FIRM), City
The Flood .Insurance Rate Maps (F1RMs) for Story County, Iowa and Incorporated Areas,
City of Ames, Panels 19169C0135F, 0137G, 0139G, 0141 F, 0142F, 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 in the Official Floodplain Zoning Map
SECTION 2. PARAGRAPH MODIFIED. Sec. 9.4(1) Permitted Uses, Code of
Ordinances of the City of Ames, Iowa, is repealed and the following adopted in lieu
thereof:
The following user. hall be peFmitted within the Fleedway Overlay District to the eXtent
they are not prohibited by any ether erdinaRGe or underlying zoning distFiGt regulatien7
fill or other obStFUGtiGA the storage of materials ar equipment, excavatien, or alteration o
All development within the Floodway Overlay District shall be permitted.to the extent
that they are not prohibited by any other ordinance (or underlying zoning district
regulation) and provided they do not include the placement of structures, factory-built
homes, fill, obstructions, the storage of materials or equipment, excavation, or alteration
of a watercourse:
SECTION 3. PARAGRAPH MODIFIED. Sec. 9.4(3)(d), Code of Ordinances of the City
of Ames, Iowa, is repealed and the following adopted in lieu thereof:
appliGablie per�_an-e standards of the Floe A, gay FFiRge Overlay DiStFiGt and shall be
Structures, buildings, recreational vehicles, .and sanitary and utility systems, if permitted,
shall meet the applicable performance standards of the Floodway Fringe District and
shall be constructed or aligned to present the minimum possible resistance to flood
flows.
SECTION 4. PARAGRAPH MODIFIED. Sec, 9.5(2)(a)(i), Code of Ordinances of the
City of Ames, Iowa, is repealed and the following adopted in lieu thereof:
fie;
(i) Be designed and adequately anchored to prevent flotation, collapse or lateral
movement.
SECTION 5. PARAGRAPH MODIFIED. Sec. 9.5(2)(d)(i), Code of Ordinances of the
City of Ames, Iowa, is repealed and the following adopted in lieu thereof:
moo iRGli 1dit g thnto placed in oviStiRg faGte Py b lilt hOrAe panic+ esubdivisions shall be anGhored to resist r
flotation, o
or lateral movement.
(i) All new and substantially improved factory-built homes, including those
placed in existing factory-built home parks or subdivisions, shall be anchored
to resist flotation, collapse, or lateral movement. Anchorage systems may
include, but are not limited to, use of over-the-top or frame ties to ground
anchors as required by the State Building Code.
SECTION 6. PARAGRAPH MODIFIED. Sec. 9.5(2)(k), Code of Ordinances of the City
of Ames, Iowa, is repealed and the following adopted in lieu thereof:
(k) For all new and substantially improved structures:
(i) Fully enclosed areas below the "lowest floor" (not including basements)
that are subject to flooding shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and
exit of floodwaters. Designs for meeting this requirement must either be
certified by a registered professional engineer or meet or exceed the
following minimum criteria:
a. A minimum of two (2) 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.
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b. The bottom of all openings shall be no higher than one foot above
grade.
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c. Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided they permit the automatic entry and
exit of floodwaters.
d. All such areas shall be used solely for parking of vehicles, building
access and low damage potential storage.
New and substantially improved struGtures must be designed (er
hydrostatio leads inoh wrung the effeotc of hr royanoYr
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(ii) New and substantially improved ctrr rntr rrec must he oonctrr rated
lAl�l},hT
eleGtriGal
rheating, ventilation,
plumbing and aiF Gonditioning equipment
and other serh�ioe faGilitieQ that are designed an`t er Iodated so as to
preveRt ter fFeFn entering er aoor rmr dating within the nmmponento
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(ii) New and substantially improved structures must be designed (or
modified) and adequately anchored to prevent flotation, collapse, or
lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy.
(iii) New and substantially improved structures shall be constructed with
electric meter, electrical service panel box, hot Water heater, heating, air
conditioning, ventilation equipment(including ductwork), and other
similar machinery and equipment elevated (or in the case of non-
residential structures, optionally floodproofed to) a minimum of three (3)
feet above the base flood elevation.
(iv)New and substantially improved structures shall be constructed with
plumbing, gas lines, water/gas meters and other similar service utilities
either elevated (or in the case of non-residential structures, optionally
floodproofed to) a minimum of three (3) feet above the base flood
elevation or designed to be watertight and withstand inundation to such
a level.
SECTION 7. PARAGRAPH MODIFIED. Sec. 93(l)(b), Code of Ordinances of the City
of Ames, Iowa, is modified by inserting the following:
ix. Maintain the accuracy of the community's Flood insurance Rate Maps when,
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j a. Development placed within the Floodway (Overlay) District results in any
j of the following:
(i) An increase in the Base Flood Elevations, or
f (ii') Alteration to the floodway boundary
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b, Development placed in Zones A, AE, AH, and Al-30 that does not include
a designated floodway that will cause a rise of more than one foot in the
base elevation; or
c. Development relocates or alters the channel.
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Within 6 months of the completion of the development, the applicant shall.
submit to FEMA all scientific and technical data necessary for a Letter of Map
Revision.
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