Bee Branch Watershed Application, Tab B, Appendix D, (B) City of Dubuque’s Flood Plain OrdinancePrepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589 -4121
ORDINANCE NO. 27 -13
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY REPEALING SECTION 6 -4
FLOOD HAZARD OVERLAY DISTRICT AND ENACTING A NEW SECTION 6 -4
FLOOD HAZARD OVERLAY DISTRICT TO COMPLY WITH NATIONAL FLOOD
INSURANCE PROGRAM REQUIREMENTS.
N OW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
O F DUBUQUE, IOWA:
S ection 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
D evelopment Code be amended by repealing Section 6 -4 and enacting a new Section
6 -4 Flood Hazard Overlay Districts, as follows:
6 -4 Flood Hazard Overlay Districts
6 -4.1 Purpose
The provisions of the Flood Hazard Overlay Districts are intended to promote the public
health, safety, and general welfare and to minimize the extent of floods and the losses
incurred in flood hazard areas The regulations of this Section are designed to:
A. Restrict or prohibit uses which are dangerous to health, safety, or property in times
of flooding or cause undue increases in flood heights or velocities;
B. Require that uses vulnerable to floods, including public facilities which serve such
uses, be provided with flood protection at the time of initial construction;
C. Protect individuals from buying lands which are unsuited for intended purposes
because of flood hazard and
O rdinance No.27 -13
Page 2
D . Assure that eligibility is maintained for property owners in the City to purchase flood
insurance in the National Flood Insurance Program.
6 -4.2 Lands to Which Regulations Apply
This section shall apply to all lands within the jurisdiction of the City shown on the
Official Zoning Map as being within the boundaries of the 100 -year floodplain.
6 -4.3 Establishment of Official Floodplain Zoning Map
The official floodplain zoning map, together with all explanatory matter thereon and is
hereby adopted by reference and declared to be a part of this Code. The Official Zoning
Map bears the signature of the Mayor attested by the City Clerk and shall be on file in
the office of the Planning Services Department The Flood Insurance Rate Map (FIRM)
for Dubuque County and incorporated areas City of Dubuque, Panels 19061CO215E,
0217D, 0220E, 0236E, 0237E 0238E, 0239E, 0241E, 0330E, 0332E, 0335E, 0351E,
0352E, 0354E, 0358E, dated October 18, 2011, and Panels 0242F 0243F, 0244F,
0356F, 0360F, dated August 19, 2013, which were prepared as part of the Flood
Insurance Study for Dubuque County are hereby adopted by reference and declared to
be the Official Floodplain Zoning Map. The flood profiles and all explanatory material
contained with the Flood Insurance Study are also declared to be a part of this
ordinance.
6 -4.4 Rules for Interpretation of District Boundaries
The boundaries of the zoning district shall be determined by scaling distances on the
official floodplain zoning map. Where interpretation is needed as to the exact location of
the boundaries of the district as shown on the Official Zoning Map, the City Planner
shall make the necessary interpretation. The person contesting the location of the
district boundary shall be given a reasonable opportunity to present their case and
submit technical evidence.
6 -4.5 Compliance
N o structure or land shall hereafter be used and no structure shall be located, extended,
converted or structurally altered to cause a substantial improvement without full
compliance with the terms of this Code and other applicable regulations which apply to
uses within the jurisdiction of this Code. Existing structures which suffer substantial
damage shall also be required to meet full compliance with the terms of this Code
should the damaged structure be repaired or rebuilt.
6 -4.6 Abrogation and Greater Restrictions
It is not intended by this Code to repeal, abrogate or impair any existing easements,
covenants, or deed restrictions. However, where this Code imposes greater restrictions,
Ordinance No,27 -13
Page 3
the provisions of this Code shall prevail. All other ordinances inconsistent with this Code
are hereby repealed to the extent of the inconsistency only.
6 -4.7 Interpretation
In their interpretation and application, the provisions of this Code shall be held to be
minimum requirements and shall be liberally construed in favor of the governing body
and shall not be deemed a limitation or repeal of any other powers granted by state
statutes
6 -4.8 Warning and Liability Disclaimer
The degree of flood protection required by this Code is considered reasonable for
regulatory purposes and is based on engineering and scientific methods of study
Larger floods may occur on rare occasions. Flood heights may be increased by
manmade or natural causes, such as ice jams and bridge openings restricted by debris.
This Code does not imply that areas outside the flood plain districts or land uses
permitted within such districts will be free from flooding or flood damages This Code
shall not create liability on the part of the City or any officer or employee thereof for any
flood damages that result from reliance on this Code or any administrative decision
lawfully made thereunder.
6 -4.9 Establishment of Floodplain Overlay Districts
The floodplain areas within the jurisdiction of this Code are hereby divided into the
following districts:
A. Floodway Overlay District (FW). Floodway Fringe Overlay District (FF) and General
Flood Plain Overlay District (FP). The boundaries are shown on the official floodplain
zoning map. Within these districts all uses not allowed as permitted uses are
prohibited.
B. Floodway Overlay District (FW). The Floodway Overlay District shall be consistent
with the boundaries of the floodway as shown on the official floodplain zoning map
Overlay and indicated on the FIRM maps as Zone AE (hatched).
C. Floodway Fringe Overlay District (FF). The Floodway Fringe Overlay District shall be
those areas shown as floodway fringe on the official floodplain zoning map and
indicated on the FIRM maps as Zone AE.
D. General Floodplain Overlay District (FP). The General Floodplain Overlay District
shall be those areas shown as being within the approximate 100 -year flood
boundary on the official floodplain zoning map and indicated on the FIRM maps as
Zone A.
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1
Ordinance No.27 -13
Page 4
6 -4.10 FW Floodway Overlay District
A. Permitted uses. The following uses shall be permitted within the FW District to the
extent they are not prohibited by any other ordinance (or underlying zoning district)
and provided they do not include placement of structures, factory -built homes, fill or
other obstruction, the storage of materials or equipment, excavation, or alteration of
a watercourse.
t Agricultural uses such as general farming, pasture, grazing, outdoor plant
nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild
crop harvesting.
2. Accessory uses of land for industrial /commercial uses such as loading areas,
parking areas, airport landing strips.
3. Private and public recreational uses such as golf courses, tennis courts, ball
fields, driving ranges, archery ranges, picnic grounds, transient camping and
recreational vehicle facilities, 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.
4. Residential uses of land such as lawns, gardens, parking areas and play areas.
5. Such other open space uses similar in nature to the above uses.
6. Conditional uses. The following uses which involve structures (temporary or
permanent), fill, and storage of materials or equipment may be permitted only
upon issuance of a conditional use permit by the Zoning Board of Adjustment as
provided for in Article 8. Such uses must also meet the applicable provisions of
the Floodway District performance standards.
7. Uses or structures accessory to open -space uses.
8. Circuses, carnivals, and similar transient amusement enterprises.
9. Drive -in theaters, new and used car Tots, roadside stands, signs, and billboards.
10. Extraction of sands, gravel, and other materials.
11. Marinas, boat rentals, docks, piers, wharves.
12. Utility transmission lines, underground pipelines.
Ordinance No27 -13
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13.Other uses similar in nature to the above described uses and which are
consistent with the general spirit and purposes of this Code.
B. Performance standards. All permitted or conditional uses must be consistent with the
need to minimize flood damage and shall meet the following applicable performance
standards:
1. No use shall be permitted in the Floodway Overlay District that would result in
any increase in the one hundred -year flood 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.
2. All uses within the Floodway Overlay District shall:
i. Be consistent with the need to minimize flood damage.
ii. Use construction methods and practices that will minimize flood damage.
iii. Use construction materials and utility equipment that are resistant to flood
damage.
3. No use shall affect the capacity or conveyance of the channel or floodway or any
tributary to the main stream, drainage ditch, or any other drainage,facility or
system.
4. Structures 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.
5. Structures, if permitted, shall have a low flood damage potential and shall not be
for human habitation.
6. Storage of materials or equipment that are buoyant, flammable, explosive or
injurious to human, animal or plant life is prohibited. Storage of other material
may be allowed if readily removable from the Floodway District within the time
available after flood warning.
7. Watercourse alterations or relocations (channel changes and modifications) must
be designed to maintain the flood carrying capacity within the altered or relocated
portion. In addition, such alterations or relocations must be approved by the
IDNR.
8. Any fill allowed in the floodway must be shown to have some beneficial purpose
and shall be limited to the minimum amount necessary.
Ordinance No. 27-13
Page 6
9. Pipeline river or stream crossings shall be buried in the streambed and banks or
otherwise sufficiently protected to prevent rupture due to channel degradation
and meandering or due to the action of flood flows.
6 -4.11 FF Floodway Fringe Overlay District
A. 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 However, on the Mississippi River or on
islands therein, no use will be allowed unless identified as not being a floodway area
by the IDNR. In which case, if a floodway area is identified, the provisions of the FW
Floodway Overlay District will apply.
B. Performance standards. All uses must be consistent with the need to minimize flood
damage and shall meet the following applicable performance standards:
1. All structures shall be:
Adequately anchored to prevent flotation, collapse or lateral movement of the
structure;
ii. Constructed with materials and utility equipment resistant to flood damage;
and
Constructed by methods and practices that minimize flood damage.
2. All new and substantially improved structures:
1. Such areas shall be used solely for parking vehicles, building access and low
damage potential storage.
ii. 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.
iii. 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.
iv. The bottom of all openings shall be no higher than one foot above grade.
•
v. Openings may be equipped with screens, louvers, valves, or other coverings
or devices provided they permit the automatic entry and exit of floodwaters
Ordinance No. 27-13
Page 7
Designs for meeting this requirement must be certified by a professional engineer
registered in the State of Iowa.
vi. New and substantially improved structures must be adequately anchored to
prevent flotation, collapse, or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy.
Designs for meeting this requirement must be certified by a professional
engineer registered in the State of Iowa
vii. New and substantially improved structures must be constructed with
electrical, heating ventilation, plumbing, and air conditioning equipment and
other service facilities that are designed and located so as to prevent water
from entering or accumulating within the components during conditions of
flooding. Designs for meeting this requirement must be certified by a
professional engineer registered in the State of Iowa
3. Residential buildings. All new or substantially improved residential structures
shall have the lowest floor, including basements elevated a minimum of one foot
above the 100 -year flood level. Construction shall be upon compacted fill which
shall, at all points, be no lower than one foot above the 100 -year flood 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 variance, 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 withstanding 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 100 -year
flood.
4. Nonresidential buildings. All new and substantially improved nonresidential
buildings shall have the lowest floor (including basement) elevated a minimum of
one foot above the 100 -year flood level, or together with attendant utility and
sanitary systems, be floodproofed to such a level. When floodproofing is utilized,
a professional engineer registered 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 100 -year flood; and that the structures, below the 100 -year flood level are
watertight with walls substantially impermeable to the passage of water. A record
of the certification indicating the specific elevation (in relation to North American
Vertical Datum, 1988) to which any structures are floodproofed shall be
maintained by the City Planner.
5. Factory-built homes:
Ordinance No. 2'113
Page 8
i. Factory-built homes including those placed in existing factory-built home
parks or subdivisions shall be anchored to resist flotation, collapse or lateral
movement.
ii. Factory-built homes including those placed in existing factory-built home
parks or subdivisions shall be elevated on a permanent foundation such that
the lowest floor of the structure is a minimum of one foot above the 100 -year
flood level.
6. Utility and sanitary systems.
i. All new and replacement sanitary sewage systems shall be designed to
minimize and eliminate infiltration of flood waters into the system as well as
the discharge of effluent into flood water. Wastewater treatment facilities shall
be provided with a level of flood protection equal to or greater than one foot
above the 100 -year flood elevation.
ii. On -site waste disposal systems shall be located or designed to avoid
impairment to the system or contamination from the system during flooding.
iii. New or replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system. Water supply treatment
facilities shall be provided with a level of protection equal to or greater than
one foot above the 100 -year flood elevation.
iv. Utilities such as gas or electrical systems shall be located and constructed to
minimize or eliminate flood damage to the system and the risk associated
with such flood damaged or impaired systems
v. All such systems shall be certified as meeting these requirements by a
professional engineer registered in the State of Iowa
7. Storage of materials and equipment that are flammable explosive or injurious to
human, animal or plant life is prohibited unless elevated a minimum of one foot
above the 100 -year flood level. Other material and equipment must either be
similarly elevated or (i) not be subject to major flood damage and be anchored to
prevent movement due to flood waters, or (ii) be readily removable from the area
within the time available after flood warning.
8. Flood control structural works such as levees and flood walls shall provide, at a
minimum, protection from a 100 -year flood with a minimum of three feet of design
freeboard and shall provide for adequate interior drainage. In addition, structural
flood control works shall be approved by the IDNR.
Ordinance No.27 -13
Page 9
9. No use shall affect the capacity or conveyance of the channel or floodway of any
tributary to the main stream, drainage ditch, or other drainage facility or system.
10.Subdivisions (including factory-built home parks and subdivisions) shall be
consistent with the need to minimize flood damages and shall have adequate
drainage provided to reduce exposure to flood damage. Development associated
with subdivision proposals shall meet the applicable performance standards.
Subdivision proposals intended for residential development shall provide all lots
with a means of vehicular access that will remain dry during occurrence of the
100 -year flood. Proposals for subdivisions greater than five (5) acres or fifty (50)
lots (whichever is less) shall include 100 -year flood elevation data for those areas
located within the Floodplain (Overlay) District
11.The . exemption of detached garages, sheds, and similar structures less than 300
square feet in area from the 100 -year flood elevation requirements may result in
increased premium rates for insurance coverage of the structure and contents;
however, said detached garages, sheds, and similar accessory type structures
are exempt from the 100 -year flood elevation requirements, provided:
i. The structures shall not be used for human habitation.
ii. The structure shall be designed to have low flood damage potential.
iii. The structure shall be constructed and placed on the building site so as to
offer minimum resistance to the flow of floodwaters.
iv. Structures shall be firmly anchored to prevent flotation which may result in
damage to other structures.
v. The structure's service facility such as electrical and heating equipment shall
be elevated or floodproofed to at least one foot above the 100 -year flood
level.
vi. All such structures shall be certified as meeting these requirements by a
professional engineer registered in the State of Iowa.
12. Recreational Vehicles
i. Recreational vehicles are exempt from the requirements of Section 6-
4.11(B)(5) of this Ordinance regarding anchoring and elevation of factory-
built homes when the following criteria are satisfied
a. The recreational vehicle shall be located on the site for Tess than 180
consecutive days, and
Ordinance No. 2713
Page 10
b. The recreational vehicle must be fully licensed and ready for highway
use. A recreational vehicle is ready for highway use if it is on its wheels
or jacking system and is attached to the site only by quick disconnect
type utilities and security devices and has no permanently attached
additions,
ii. Recreational vehicles that are located on the site for more than 180
consecutive days or are not ready for highway use must satisfy
requirements of Section 6- 4.11(B)(5) of this Ordinance regarding anchoring
and elevation of factory-built homes,
13. Pipeline river and stream crossings shall be buried in the streambed and banks,
or otherwise sufficiently protected to prevent rupture due to channel
degradation and meandering.
•
6 -4.12 FP General Floodplain Overlay District
A. Permitted uses The following uses shall be permitted within the FP General
Floodplain Overlay District to the extent they are not prohibited by any other
ordinance (or underlying zoning district) and provided they do not include placement
of structures, factory-built homes fill or other obstruction, the storage of materials or
equipment, excavation, or alteration of a watercourse.
1. Agricultural uses such as general farming, pasture, grazing, outdoor plant
nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild
crop harvesting.
2. Accessory uses of land for industrial /commercial uses such as loading areas,
parking areas, airport landing strips.
3. Private and public recreation uses such as golf courses, tennis courts, ball fields,
driving ranges, archery ranges, picnic grounds, transient camping and
recreational vehicle facilities, 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.
4. Residential uses of land such as lawns, gardens, parking areas and play areas.
5. Such other open space uses similar in nature to the above uses.
B. Conditional uses. Any uses which involve 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. All such uses shall be reviewed by
Ordinance No. 2713
Page 11
the IDNR to determine: (i) whether the land involved is either wholly or partly within
the floodway or floodway fringe and (ii) the 100 -year flood level. The applicant shall
be responsible for providing the IDNR with sufficient technical information to make
the determination.
C. Performance standards.
1. All conditional uses, or portions thereof, to be located in the floodway as
determined by the IDNR shall meet the applicable provisions and standards of
the Floodway Overlay District.
2. All conditional uses or portions thereof, to be located in the floodway fringe as
determined by the IDNR shall meet the applicable standards of the Floodway
Fringe Overlay District.
6 -4.13 Floodplain Overlay District Administration
A. Appointment, duties and responsibilities of City Planner.
1. A City Planner designated by the City Manager shall administer and enforce this
Code and will herein be referred to as the Administrator
2. Duties and responsibilities of the Administrator shall include, but not necessarily
be limited to, the following:
i. Review all floodplain development permit applications to ensure that the
provisions of this Code will be satisfied.
ii. Review all floodplain development permit applications to ensure that all
necessary permits have been obtained from federal, state or local
governmental agencies.
iii. Record and maintain a record of: (a) the elevation (in relation to North
American Vertical Datum, 1988) of the lowest floor of all new or substantially
improved structures, or (b) the elevation to which new or substantially
improved structures have been floodproofed.
iv. Notify adjacent communities and /or counties and the IDNR prior to any
proposed alteration or relocation of a watercourse and submit evidence of
such notifications to the Federal Insurance Administrator.
v. Keep a record of all permits, conditional uses, appeals, variances and such
other transactions and correspondence pertaining to the administration of this
Code.
Ordinance N6.27-13
Page 12
vi. Submit to the Federal Insurance Administrator an annual report concerning
the City s participation in the National Flood Insurance Program, utilizing the
annual report form supplied by the Federal Insurance Administrator.
vii. Notify the Federal Insurance Administration of any annexations or
modifications to the City's boundaries as part of the annual report.
viii. Review subdivision proposals to ensure such proposals are consistent with
the purpose of this Code and advise the City Council of potential conflicts
B. Floodplain development permit.
1. Permit required. A floodplain development permit issued by the Administrator
shall be secured prior to initiation of any floodplain development (any manmade
change to improved or unimproved real estate, including but not limited to
buildings or other structures mining, filling, grading, paving, excavation or drilling
operations) including the placement of factory-built homes in both the Floodway,
Floodway Fringe and General Floodplain Overlay Districts.
2. Application for permit. Application for a floodplain development permit shall be
made on forms supplied by the Administrator and shall include the following
information
i. Description of and plans for the work to be covered by the permit for which
application is to be made.
ii. Description of the land on which the proposed work is to be done (i.e., lot,
block, tract, street address or similar description) that will readily identify and
locate the work to be done.
iii. Identification of the use or occupancy for which the proposed work is
intended.
iv. Elevation of the 100 -year flood.
v Elevation (in relation to North American Vertical Datum, 1988) of the lowest
floor (including basement) of the structure or of the level to which a structure
Is to be floodproofed.
vi. For structures being improved or rebuilt, the estimated cost of improvements
and market value of the structure prior to the improvements.
vii. All certifications by a professional engineer registered in the State of Iowa as
required by this Code.
Ordinance No27 -13
Page 13
viii. Such other information as the Administrator deems reasonably necessary for
the purpose of this Code.
3. Action for permit application. The Administrator shall make a determination as to
whether the proposed floodplain development meets the applicable provisions
and standards of this Code and shall approve or disapprove the application. For
disapprovals the applicant shall be informed, in writing, of the specific reasons
therefore. The Administrator shall not issue permits for conditional uses or
variances except as directed by the Zoning Board of Adjustment.
4. As -built certification. The applicant shall be required, prior to the use or
occupancy of any structure or development, to submit certification by a
professional engineer registered in the State of Iowa that the work authorized by
the floodplain development permit was accomplished in compliance with this
Code. Any use arrangement, or construction in conflict with that authorized shall
be deemed a violation of this Code.
6 -4.14 Zoning Board of Adjustment Action Authorized.
A. The Zoning Board of Adjustment shall hear and decide applications for conditional
uses, appeals and variances.
B. Conditional use. Requests for conditional uses shall be submitted to the
Administrator, who shall forward such to the Board for consideration. Such requests
shall include information ordinarily submitted with applications as well as any
additional information deemed necessary by the Board.
C. Appeals. Where it is alleged there is any error in any order, requirement, decision or
determination made by an administrative official in the enforcement of this Code, the
aggrieved party may appeal such action. The notice of appeal shall be filed with the
Board and with the official from whom the appeal is taken and shall set forth the
specific reason for the appeal The official from whom the appeal is taken shall
transmit to the Board all the papers constituting the record upon which the action
appealed from was taken.
D. Variances. The Board may authorize, upon request in specific cases, such variances
from the terms of this Code that will not be contrary to the public interest, where
owing to special conditions a literal enforcement of the provisions of this Code will
result in unnecessary hardship. Variances granted must meet the following
applicable standards:
1. No variances shall be granted for any development within the Floodway Overlay
District which would result in any increase in the 100 -year level Consideration of
the effects of any development on flood levels shall be based upon the
Ordinance No.27 -13
Page 14
assumption that an equal degree of development would be allowed for similarly
situated lands..
2. Variances shall only be granted upon: (1) a showing of good and sufficient cause,
(ii) a determination that failure to grant the variance would result in exceptional
hardship to the applicant, and (iii) a determination that the granting of the
variance will not result in increased flood heights, additional threats to public
safety, or extraordinary public expense, create nuisances, or cause fraud on or
victimization of the public.
3. A variance shall only be granted upon a determination that the variance is the
minimum necessary considering the flood hazard, to afford relief.
4. In cases where the variance involves a lower level of flood protection for
structures than what is' ordinarily required by this Code, the applicant shall be
notified in writing over the signature of the Administrator that: (i) the issuance of a
variance will result in increased premium rates for flood insurance, and (ii) such
construction increases risks to life and property.
5. All variances granted shall have the concurrence or approval of the IDNR.
E Board decisions. In passing upon requests for conditional uses and variances, the
Board shall consider all relevant factors specified in other sections of this Code and:
1. The danger to life and property due to increased flood heights or velocities
caused by encroachments._
2. The danger that materials may be swept on to other lands or downstream to the
injury of others.
3. The proposed water supply and sanitation systems and the ability of these
systems to prevent disease, contamination and unsanitary conditions.
4. The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner.
5. The importance of the services provided by the proposed facility to the
community.
6. The requirements of the facility for a floodplain location.
7. The availability of alternative locations not subject to flooding for the proposed
use.
8. The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
Ordinance No.27 -13
Page 15
9. The relationship of the proposed use to the Comprehensive Plan and floodplain
management program for the area.
10. The safety of access to the property in times of flood for ordinary and emergency
vehicles.
11. The expected heights, velocity, duration, rate of rise and sediment transport of
the flood water expected at the site.
12. Such other factors which are relevant to the purpose of this Code.
F. 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 and variances as it deems necessary to further the purpose of this
Code. Such conditions may include, but not necessarily be limited tow
1. Modification of waste disposal and water supply facilities;
2 Limitation on periods of use and operation;
3. Imposition of operational controls, sureties and deed restrictions;
4. Requirements for construction of channel modification dikes, levees, and other
protective measures, provided such are approved by the IDNR and are deemed
the only practical alternative to achieving the purposes of this Code; and
5. Floodproofing measures which 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 and that the applicant submit a plan or document certified by a
professional engineer registered in the State of Iowa that the floodproofing
measures are consistent with the regulatory flood protection elevation and
associated flood factors for the particular area.
6 -4.15 Definitions
Unless specifically defined below or in Article 2, words or phrases used in this
Ordinance shall be interpreted so as to give them the meaning they have in common
usage and to give this ordinance its most reasonable application.
Base Flood: The flood having one (1) percent chance of being equaled or exceeded in
any given year (See 100 -year flood).
Basement: Any enclosed area of a structure which has its floor or lowest level below
ground level (subgrade) on all sides. Also see `lowest floor "
Ordinance No.27 -13
Page 16
Development: Any man -made change to improved or unimproved real estate, including
but not limited to buildings or other structures, the storage of equipment or materials
mining, dredging, filling, grading, paving, excavation or drilling operations.
Existing Construction: Any structure for which the "start of construction" commenced
before the effective date of the first floodplain management regulations adopted by the
community on April 16 1990. May also be referred to as "existing structure.'
Existing Factory-Built Home Park or Subdivision: A factory-built home park or
subdivision for which the construction of facilities for servicing the Tots 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 before the effective date of the first floodplain management regulations
adopted by the community on April 16, 1990.
Expansion of Existing Factory -Built Home Park or Subdivision: The preparation of
additional sites by the construction of facilities for servicing the lots on which the factory-
built homes are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
Factory -Built Home: Any structure, designed for residential use, which is wholly or in
substantial part, made, fabricated, formed or assembled in manufacturing facilities for
installation or assembly and installation on a building site. For the purpose of this
ordinance, factory-built homes include mobile homes, manufactured homes and
modular homes and also include park trailers, travel trailers and other similar vehicles
placed on a site for greater than 180 consecutive days.
Factory -Built Home Park: A parcel or contiguous parcels of land divided into two or
more factory-built home Tots for rent or sale.
Flood: A general or temporary condition of partial or complete inundation of normally
dry land areas resulting from the overflow of streams or rivers or from the unusual and
rapid runoff of surface waters from any source.
Flood Elevation: The elevation floodwaters would reach at a particular site during the
occurrence of a specific flood. For instance, the 100 -year flood elevation is the elevation
of flood waters related to the occurrence of the 100 -year flood
Flood Insurance Rate Map: The official map prepared as part of (but published
separately from) the Flood Insurance Study which delineates both the flood hazard
areas and the risk premium zones applicable to the community.
Flood Insurance Study: A study initiated, funded and published by the Federal
Insurance Administration for the purpose of evaluating in detail the existence and
Ordinance No.27 -13
Page 17
severity of flood hazards; providing the City with the necessary information for adopting
a flood plain management program and establishing actuarial flood insurance rates.
Flood Plain: Any land area susceptible to being inundated by water as a result of a
flood.
Flood Plain Management: An overall program of corrective and preventive measures
for reducing flood damages and promoting the wise use of flood plains, including but not
limited to emergency preparedness plans, flood control works, flood - proofing and flood
plain management regulations.
Floodproofing: Any combination of structure and non - structural additions, changes, or
adjustments to structures, including utility and sanitary facilities, which will reduce or
eliminate flood damage to such structures.
Floodway: The channel of a river or stream, and those portions of the flood plains
adjoining the channel, which are reasonably required to carry and discharge flood
waters or flood flows so that confinement of flood flows to the floodway area will not
result in substantially higher flood levels or flow velocities.
Floodway Fringe: Those portions of the flood plain, other than the floodway, which can
be filled, leveed, or otherwise obstructed without causing substantially higher flood
levels or flow velocities.
Historic Structure: Any structure that is:
1. Listed individually in the National Register of Historic Places, maintained by the
Department of Interior, or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing of the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered historic
district;
3. Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the
Interior; or
4. Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified by either (i) an approved
state program as determined by the Secretary of the Interior, or (ii) directly by the
Secretary of the Interior in states without approved programs.
Ordinance No.27 -13
Page 18
Lowest Floor. The floor of the lowest enclosed area in a structure, including a
basement, except when all the following criteria are met:
1. The enclosed area is designated to satisfy the provisions of Section 6- 4.11(4);
and
2. The enclosed area is unfinished (not carpeted, drywailed, etc.) and used solely
for low damage potential uses such as building access, parking or storage; and
3. Machinery and service facilities (e.g., hot water heater, furnace, electrical
service) contained in the enclosed area are located at least one (1) food above
the 100 -year flood level; and
4. The enclosed area is not a "basement" as defined in this section.
5. In cases where the lowest enclosed area satisfies criteria 1, 2 3, and 4 above,
the lowest flood is the floor of the next highest enclosed area that does not
satisfy the criteria above.
Minor Projects: Small development activities (except for filling, grading and excavating)
valued at Tess than $500.
New Construction: Those structures or development for which the start of construction
commenced on or after the effective date of the Flood Insurance Rate Map (September
6, 1989).
New Factory-Built Home Park or Subdivision: A factory-built home park or subdivision
for which the construction of facilities for servicing the Tots 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 first floodplain management regulations
adopted by the community on April 16, 1990.
One Hundred (100) Year Flood: A flood, the magnitude of which has a one (1) percent
chance of being equaled or exceeded in any given year or which, on the average, will
be equaled or exceeded at least once every one hundred (100) years
Recreational Vehicle: A vehicle which is:
1. Built on a single chassis;
2. Four hundred (400) square feet or less when measured at the largest horizontal
projection;
Ordinance No 27 -13
Page 19
3. Designed to be self- propelled or permanently towable by a Tight duty truck; and
4. Designed primarily not for use as a permanent dwelling but as a temporary living
quarters for recreational, camping, travel, or seasonal use
Routine Maintenance of Existing Buildings and Facilities: Repairs necessary to keep a
structure in a safe and habitable condition, provided they are not associated with a
general improvement of the structure or repair of a damaged structure. Such repairs
include
•
1. Normal maintenance of structures such as re- roofing, replacing roofing tiles and
replacing siding;
2. Exterior and interior painting, papering, tiling, carpeting, cabinets, counter tops
and similar finish work;
3. Basement sealing;
4. Repairing or replacing damaged or broken window panes;
5. Repairing plumbing systems, electrical systems, heating or air conditioning
systems and repairing wells or septic systems
Special Flood Hazard Area: The land within a community subject to the 100 -year flood.
This land is identified as Zone A on the community's Flood Insurance Rate Map.
Start of Construction Includes substantial improvement, and means the date the
development permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement, was within 180
days of the permit date. The actual start means either the first placement or permanent
construction of a structure on a site, such as pouring of a slab or footings, the
installation of pile, the construction of columns, or any work beyond the stage of
excavation, or the placement of a factory-built home on a foundation. Permanent
construction does not include land preparation such as cleaning grading or filling, nor
does it include the installation of streets and/or walkways; nor does it include excavation
for a basement, footings piers, or foundations, or the erection of temporary forms; nor
does it include the installation on the property of accessory buildings such as garages or
sheds not occupied as dwelling units or not part of the main structure. For a substantial
improvement, the actual start of construction means the first alteration of any wall,
ceiling, floor,•or other structural part of the building, whether or not that alteration affects
the external dimension of the building
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, and other similar uses.
Ordinance No?7 -13
Page 20
•
Substantial Damage: Damage of any origin sustained by a structure whereby the cost
of restoring the structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred.
Substantial Improvement: Any improvement to a structure which satisfies either of the
following criteria:
•
1. Any repair, reconstruction, rehabilitation, addition or improvement of a structure,
the cost of which would equal or exceed 50 percent of the market value of the
structure either (i) before the improvement or repair is started, or (ii) if the
structure has been damaged, and was being restored, before the damaged
occurred. For the purposes of this definition, ' substantial improvement" is
considered to occur when the first alteration affects the external dimensions of
the structure. This term does not, however, include any project for improvement
of a structure to comply with existing state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe conditions for the
existing use.
2. Any addition which increases the original floor area of a building by 25 percent or
more. All additions constructed after September 6, 1989 shall be added to any
proposed addition in determining whether the total increase in original flood
space would exceed 25 percent.
Variance: A grant of relief by a community from the terms of the floodplain
management regulations as defined in Article 2
Violation: The failure of a structure or other development to be fully compliant with the
community's floodplain management regulations.
Section 2. The foregoing amendment shall take affect upon publication, as
provided by law.
Passed, approved and adopted this 20th day of M 2013.
Roy D. oI, Mayor
Attest:
Trish L. Gleason, CMC, City Clerk