HomeMy WebLinkAboutA003 - Council Action Form dated June 11, 2024 ITEM#: 39
DATE: 06-11-24
DEPT: P&H
COUNCIL ACTION FORM
SUBJECT: ZONING TEXT AMENDMENT TO MAKE UPDATES TO CHAPTER 9 FLOOD
PLAIN ZONING REGULATIONS
BACKGROUND:
The proposed amendments are the result 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 specified waterways throughout the City.
The City of Ames administers its Floodplain 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 1) staying up
to date with the DNR floodplain management process, 2) reviewing Floodplain Development Permits,
3) reviewing the Floodplain Management Ordinance, and 4) helping the City discuss any matters or
have any issues addressed that the DNR can assist with. DNR visited the City in March 2024.
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.
At the conclusion of the recent visit, DNR provided the City with Ordinance updates it needs to
complete in order to remain compliant with the NFIP. 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. The new language applies the protection
requirement to the complete system, whereas only a water tight requirement previously. (See new
Section 9.4 (2) k iii, iv) New language also is 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 changes. This means, if certain physical changes are made to a floodway,
then the applicant or city is responsible for completing a flood study to update the maps. (See new
Section 9.7 (1) b ix)
Additionally, new language has been created by staff that identifies the delegated authority that
the City has from the DNR to manage the floodplain per Iowa Code Chapter 455B. The City relies
upon delegated authority of 455B and general zoning authority established by Iowa Code 414 for basis
of its Chapter 9 Flood Plain Zoning Regulations. This reference of authority helps to clarify the
applicable variance criteria in relation to 455B compared to standard zoning criteria related to
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Chapter 414. This was a recent issue for a variance reviewed by the ZBA in this past winter and
this reinforces clearly the basis of the review process and criteria.
PLANNING AND ZOINING COMMISSION RECOMMENDATION:
At the May 15th Planning & Zoning Commission reviewed the proposed changes. The commission
members asked about the difference between the floodway versus the floodway fringe. Staff explained
the difference. A question was asked if the changes are required for the City to be in compliance with
the NFIP. Staff replied that the City must make the changes to comply with the program.
Meeting the Commission voted 4-0 to recommend the City Council approve the changes and updates to
Chapter 9.
ALTERNATIVES:
1. City Council can approve on first reading the ordinance to amendment Chapter 9 of the Ames
Municipal Code as shown in the attachment.
2. City Council can approve on first reading the ordinance to amendment Chapter 9 of the Ames
Municipal Code with different language for the amendments.
3. City Council can decline to approve the draft ordinance on first reading and direct staff how to
proceed.
CITY MANAGER'S RECOMMENDED ACTION:
Staff has consulted with DNR and reviewed the proposed text amendments to Chapter 9. The proposed
changes are required in part by FEMA to participate in the NFIP and are being administered by the Iowa
DNR. None of the new language or corrections create materially new requirements for City staff
to administer with potentially the expectation of updating maps. This would be a very rare
occurrence of events related to altering a waterway, such as realignment of a channel. Therefore, it is
the recommendation of the City Manager that the City Council approve Alternative #1.
ATTACHMENT(S):
Ordinance (Chap 9 Floodplain).pdf
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ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES, IOWA, BY AMENDING SECTIONS
9.1(1), 9.2(2), 9.4 (1)(3)(d), 9.5(2)(d)(k) and 9.7 (1)(b)(ix)
THEREOF, FOR THE PURPOSE OF AMENDING FLOOD
PLAIN ZONING REGULATIONS REPEALING ANY AND
ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT TO THE EXTENT OF SUCH CONFLICT; 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 amending Sections 9.1(1),9.2(2),9.4(1)(3)(d),9.5(2)(d)(k)and 9.7(1)(b)(ix)as follows:
"Sec.9.1.STATUTORY AUTHORIZATION,FINDINGS OF FACT,AND PURPOSE.
(1) Statutory Authorization. The legislature of the State of Iowa has, in Chapter 414 Code of
Iowa, delegated the responsibility to cities to enact zoning regulations to secure safety from flood and to
promote health and the general welfare. The legislature of the State of Iowa has granted jurisdiction to the
Iowa Department of Natural Resources over water and floodplains in Chapter 455B 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.
Sec.9.2.GENERAL PROVISIONS.
(2)Establishment of Official Flood Plain Zoning Map.The Stec= County,r,.,.,a and iftea-pe-a4ed
Areas Floodinsurance Rate Map(FIRM),City,.F n ,,os_The Flood Insurance Rate Maps(FIRMS)for Story
County, Iowa and Incorporate Areas, City of Ames, Panels 19169C0135F, 0137G, 0139G, 0141F, 0142F,
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.
Sec.9.4.FLOODWAY OVERLAY DISTRICT.
(1)Permitted Uses. The following uses shall be permitted..,ithi,the Floodway Over-lay District to
the extent they are not prohibited by any other ordinance or under-lying zoning district regulation, an
provided they do not include plaeemen4 of habitable stmetwes,faetory built homes,fill or other obstructio
the storage of materials or equipment,excavation,or alteration of a watereourse(except as needed for public
in f^stmett rl': All development within the Floodway Overlay District shall be permitted to the extent that
they are not prohibited by any other ordinance (or underlyingzoning oning district regulation) and provided they
do not include the placement of structures, factory-built homes, fill, obstructions, the storage materials or
equipment,excavation,or alternation of a watercourse:
(3) Performance Standards. All Floodway Overlay District development allowed as a Permitted
Development shall meet the following standards:
(d) Structures, buildings, recreational vehicles 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.
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Sec.9.5.FLOODWAY FRINGE OVERLAY DISTRICT.
(2) Performance Standards.
(a)All Structures shall
(i)be designed and adequately anchored to prevent flotation,collapse or lateral
movement.
(d)Factory-built homes:
parks or subdivisions shall be anchored to resist(i) Factory built homes includingflotation, collapse, or lateral . (i) All new and
substantially improved factory-built homes, includingthose hose placed in existingfactory-built actory-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.
(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 license d 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.
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. Sue areas sha4
be used seleb,for-paf4iag of vehieles,building aeeess,a-ad low damage potential storage.
d. All such areas shall be used solely for parking of vehicles,buildingaccess
ccess
and low damage potential storage.
(i)(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.
(ii) New and substantially improved stmetures nwst be eonstpdoted with electrical,
heating,ventilation,p1twibing and air conditioning equipment and other service facilities that are designe
andlor located so as to prevent water from entering or acettmitlating within the components during eondition
of t4eedifig,
(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 case of non-residential
structures, optionally floodproofed to) a minimum of three (3) feet above the base flood elevation or
designated to be watertight and withstand inundation to such a level.
Sec.9.7.ADMINISTRATION.
(1)Appointment,Duties and Responsibilities of Flood Plain Administrator
(b) Duties and responsibilities of the Administrator shall include,but not necessarily
be limited to,the following:
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(ix) Maintain the accuracy of the community's Flood Insurance Rate Maps
when;
a. Development placed within the Floodway(Overlay)District results
in any of the following;
(i) An increase in the Base Flood Elevations,or
(ii) Alternation to the floodway boundary
b. Development placed in Zone 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.
Within six(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.
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 2024.
Renee Hall,City Clerk John A.Haila,Mayor
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