Code or Ordinances Amendment - Title 16 Revisions for DNR RequirementsCopyrighted
June 15, 2020
City of Dubuque Public Hearings # 3.
ITEM TITLE: Code or Ordinances Amendment - Title 16 Revisions
Required by the Department of Natural Resources
SUMMARY: Proof of publication on notice of public hearing to consider
approval of a request from the City of Dubuque to amend
Articles16-6-4.11 FF Floodway Fringe Overlay District and
16-6-4.15 Definitions of the Unified Development Code to
accommodate required ordinance revisions from the Iowa
Department of Natural Resources, and the Zoning Advisory
Commission recommending approval.
SUGGESTED DISPOSITION:
ORDINANCE Amending Title 16 of the City of Dubuque
Code of Ordinances, Unified Development Code, by
Amending 16-6-4.11 FF Floodway Fringe Overlay District
and 16-6-2 Definitions to accommodate required ordinance
revisions from the Iowa Department of Natural Resources
Suggested Disposition: Receive and File; Motion B;
Motion A
ATTACHMENTS:
Description Type
Staff Memo Staff Memo
Application Supporting Documentation
Staff Report Supporting Documentation
Ordinance Ordinance
Suggested Motion Wording Supporting Documentation
Planning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
Masterpiece on the Mississippi
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13th Street
Dubuque IA 52001
Dubuque
heal
AII•AneriII
vax xv[ra-i
11111,
2007.2012.2013
2017+2019
June 5, 2020
Applicant: City of Dubuque.
Description: Text amendment to Articles 16-6-4.11 FF Floodway Fringe Overlay District
and 16-6-4.15 Definitions of the Unified Development Code to
accommodate required ordinance revisions from the Iowa Department of
Natural Resources.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above -cited
request. The application, staff report and related materials are attached for your review.
Discussion
Planning staff said that the request is to amend text amendment to Articles 16-6-4.11
FF Floodway Fringe Overlay District and 16-6-4.15 Definitions of the Unified
Development Code to accommodate required ordinance revisions from the Iowa
Department of Natural Resources.
Planning Services Manager Wally Wernimont discussed the application. He noted that
the City of Dubuque participates in the National Flood Insurance Program (NFIP). He
said the NFIP was managed by the Federal Emergency Management Agency (FEMA)
and that the Iowa Department of Natural Resources (DNR) prepared a model ordinance
which the city adopted in 1990. He stated that the DNR is requesting revisions of the
city's ordinance to match the recent revisions in the model ordinance. He said that by
doing so, the City of Dubuque would be in compliance with the National Flood Insurance
Program regulations.
Commissioners discussed the request and agreed with the proposed text amendment.
Recommendation
By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request.
A simple majority vote is needed for the City Council to approve the request.
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
Respectfully submitted,
Martha Christ, Vice Chairperson
Zoning Advisory Commission
Attachments
Service People Integrity Responsibility Innovation Teamwork
Masterpiece on the Mississippi
Variance
EConditional Use Permit
❑Appeal
['Special Exception
Limited Setback Waiver
Rezoning/PUD/ID
Dubuque
bard
MI•IUaeHca ph
2007.2012.2013
2017*2019
PLANNING APPLICATION FORM
Preliminary Plat
Major Final Plat
['Minor Final Plat
['Simple Site Plan
EMinor Site Plan
EMajor Site Plan
❑Simple Subdivision
❑■Text Amendment
['Temporary Use Permit
❑Annexation
❑Historic Revolving Loan
❑Historic Housing Grant
City of Dubuque
Planning Services Department
Dubuque, IA 52001-4845
Phone: 563-589-4210
Fax: 563-589-4221
planninc citvofdubuque.org
❑Certificate of Appropriateness
['Advisory Design Review (Public Projects)
❑Certificate of Economic Non -Viability
❑Historic Designation
['Demolition
❑Port of Dubuque /Chaplain Schmitt Island
Design Review
Please type or print legibly in ink
Property owner(s): N/A Phone:
Address: City: State: Zip:
Fax #: Cell #: E-mail:
Applicant/Agent: Michael C. Van Milligen, City Manager Phone: 563-589-4110
State: IA Zip:52001
E-mail: ctymgr@cityofdubuque.org
Address:50 W. 13th Street city:Dubuque
Fax #: Cell #:
Site location/address: N/A Neighborhood Association:
Existing zoning: N/A Proposed zoning: N/A District: N/A
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision):
Total property (lot) area (square feet or acres): NIA
N/A
Landmark: ❑ Yes 0 No
N/A
Describe proposal and reason necessary (attach a letter of explanation, if needed):
Text amendment to Articles
16-6-4.11 FF Floodway Fringe Overly District and 16-6-4.15 Definitions of the Unified Development
Code to accommodate required ordinance revisions from the Iowa Department of Natural Resources.
CERTIFICATION: I/we, the undersigned, do hereby certify/acknowledge that:
1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants.
2.The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written and graphic materials are attached.
Property Owner(s): N/A
Applicant/Agent:
/halt.. LL /Ye. r, ,. Gut
Date:
Date: 5-'Zs - Z'° 2.0
FOR OFFICE USE ONLY — APPLICATION SUBMITT ' ECKLIST
� 1 ZP
Fee: N/A Received b �/ 4�• ���
y .� Dater Docket:
Masterpiece on the Mississippi
TO: Zoning Advisory Commission
FROM: Wally Wernimont, Planning Services Manager
Dubuque
All -America City
11111'
2007.2012.2013
2017*2019
May 27, 2020
SUBJECT: Text amendment to Articles 16-6-4.11 FF Floodway Fringe Overly District
and 16-6-4.15 Definitions of the Unified Development Code to
accommodate required floodplain ordinance revisions from the Iowa
Department of Natural Resources
INTRODUCTION
The Iowa Department of Natural Resources has provided required floodplain ordinance
revisions to Articles 16-6-4.11 FF Floodway Fringe Overly District and 16-6-4.15
Definitions of the Unified Development Code. A text amendment is enclosed for your
consideration.
DISCUSSION
The City of Dubuque participates in the National Flood Insurance Program (NFIP). The
NFIP, managed by the Federal Emergency Management Agency (FEMA), enables
homeowners, business owners and renters in participating communities to purchase
federally backed flood insurance. This insurance offers an insurance alternative to
disaster assistance to meet the escalating costs of repairing flood damage to buildings
and their contents.
As a participating community, the City of Dubuque is required to adopt and enforce a
floodplain management ordinance to reduce future flood damage. This floodplain
management ordinance is required to meet or exceed the minimum NFIP criteria. On
behalf of participating communities in the State of Iowa, the Iowa Department of Natural
Resources (DNR) prepared a model ordinance that meets these minimum
requirements. The City of Dubuque adopted this model ordinance on April 16, 1990.
The City of Dubuque participated in a Community Assistance Visit (CAV) last June. The
CAV is a major component of the NFIP's Community Assistance Program (CAP). The
CAV is a visit to a community by a FEMA staff member or staff of a State agency on
behalf of FEMA that serves the dual purpose of providing technical assistance to the
community and assuring that the community is adequately enforcing its floodplain
management regulations. Generally, a CAV consists of a tour of the floodplain, an
inspection of community permit files, and meetings with local appointed and elected
FF Floodway Fringe Overlay District Text Amendment Memo Page 2
officials. If any administrative problems or potential violations are identified during a
CAV, the community will be notified and given the opportunity to correct those
administrative procedures and remedy the violations to the maximum extent possible
within established deadlines. FEMA or the State will work with the community to help
them bring their program into compliance with NFIP requirements. In extreme cases
where the community does not take action to bring itself into compliance, FEMA may
initiate and enforcement action against the community.
During the CAV, State NFIP Coordinator Bill Cappuccio, noted the DNR is requesting
participating cities that adopted the model ordinance revise a couple of sections. These
revisions refer to accessory structures to residentials uses located in the FF Floodway
Fringe Overlay District and additional definitions. These revisions are provided in the
attached text amendment ordinance.
RECOMMENDATION
Planning staff recommends that Articles 16-6-4.11 FF Floodway Fringe Overlay District
and 16-6-4.15 Definitions of the Unified Development Code be amended to
accommodate the required ordinance revisions from the Iowa Department of Natural
Resources. By doing so, the City of Dubuque will be in compliance with the National
Flood Insurance Program regulations.
Planning staff requests that the Zoning Advisory Commission review the proposed text
amendments and make a recommendation to the City Council.
Prepared by: Wally Wernimont, 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. 26-20
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING 16-6-4.11 FF
FLOODWAY FRINGE OVERLAY DISTRICT AND 16-6-4.15 DEFINITIONS TO
ACCOMMODATE REQUIRED ORDINANCE REVISIONS FROM THE IOWA
DEPARTMENT OF NATRUAL RESOURCES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code Article 16-6-4.11 FF Floodway Fringe Overlay District is hereby
amended as follows:
similar structures Tess than three hundred (300) square feet in area from the
for insurance coverage of the structure and contents; however, said detached
100-year flood elevation requirements provided:
�vv �. ..vv vruuv�� �v�un�..n�.. ,
a. Thc structures shall not be used for human habitation.
fie- tructure oh _designed to have Inw flood damage potential
-ccrru� a-c�rc�rrca-ro-rTa-u � ro v u-rrvu� ccrrcrcar.
o. e structu-I ,hall-be-c-o;st; ^ted and placed on the building site so as
,�Stto�rtcn-t
offer minimum resistance to the flow of floodwaters.
d. rturyes-shal.lbe firmly annhnred to r�r enit f_iotatio-n-whion-ma —resu t
in damage to other tructures h �v�
c. Thc structure's service facility such as electrical and heating equipment
shall be elevated or e proofed too aaie . ' �e nheTo�
a„-��,-.�-� _. d-P,- �a-st-er}e�t-�1-�-a�-,.,
year flood level.
f, l!such stri ct fires shall be certified as mooting those reg iirementn h
professional engineer registered in the state of Iowa.
11. Accessory Structures to Residential Uses
a. Detached garages, sheds, and similar structures that are
incidental to a residential use are exempt from the base flood
elevation requirements where the following criteria are satisfied.
(1) The structure shall be designed to have low flood damage
potential. Its size shall not exceed 600 sq. ft. in size. Those
portions of the structure located less than 1 foot above the
BFE must be constructed of flood -resistant material.
(2) The structure shall be used solely for low flood damage
potential purposes such as vehicle parking and limited
Ordinance No. 26-20 Page 2
storage. The structure shall not be used for human
habitation.
(3) The structure shall be constructed and placed on the
building site so as to offer minimum resistance to the flow
of floodwaters.
(4) The structure shall be firmly anchored to resist flotation,
collapse and lateral movement.
(5) The structure's service facilities such as electrical and
heating equipment shall be elevated or floodproofed to at
least one foot above the base flood elevation.
(6) The structure's walls shall include openings that satisfy the
provisions of 16-6-4-11 (B) Performance Standards 2. All
New and Substantially Improved Structures.
b. Exemption from the 100-year flood elevation requirements for
such a structure may result in increased premium rates for flood
insurance coverage of the structure and its contents.
Section 2. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code Article 16-6-4.15 Definitions is hereby amended as follows:
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.
BASE FLOOD ELEVATION: The elevation floodwaters would reach at a
particular site during the occurrence of a base flood event.
FLOOD INSURANCE STUDY: ,
federal --insurance administration for thc purpose of evaluating in detail thc
,a od in Franc s. An examination, evaluation and determination
of flood hazards and, if appropriate, corresponding water surface
elevations.
HIGHEST ADJACENT GRADE: The highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
Section 3. The foregoing amendments have heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Ordinance No. 26-20
Page 3
Section 4. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 15th day of June 2020.
D. Buol, Mayor
Attest:
Kevin S. Firnstahl, City clerk
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
06/19/2020
and for which the charge is 55.45
Subscribed to before me, a Notary Public IJnd for
Dubuque County, Iowa,
this 19th day of June, 2020
Notary ru+lic in and for Dubuqueounty, Iowa.
JANET K. PAPE
CoUmAmIselon Number 199E59
_My Comm, Exp. DEC 11, 2022
Ad text : OFFICIAL
PUBLICATION
ORDINANCE NO. 26-20
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE
OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING 16-6-4.11
FF FLOODWAY FRINGE OVERLAY DISTRICT AND 16-6-4.15 DEFINITIONS
TO ACCOMMODATE REQUIRED ORDINANCE REVISIONS FROM THE IOWA
DEPARTMENT OF NATRUAL RESOURCES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code Article 16-6-4.11 FF
Floodway Fringe Overlay District is hereby amended as follows:
11. Detached Garages, Sheds: The exemption of detached
garages, sheds, and similar structures less than three hundred
(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:
a. The structures shall not be used for human habitation.
b. The structure shall be designed to have low flood damage
potential.
c. The structure shall be constructed and placed on the
building site so as to offer minimum resistance to the flow of
floodwaters.
d. Structures shall be firmly anchored to prevent flotation
which may result in damage to other structures.
e. The structure's service facility such as electrical and
heating equipment shall be elevated or floodproofed to at
least one foot (1') above the 100-year flood level.
f. All such structures shall be certified as meeting these
requirements by a professional engineer registered in the
state of Iowa.
11. Accessory Structures to Residential Uses
a. Detached garages, sheds, and similar structures that are
incidental to a residential use are exempt from the base flood
elevation requirements where the following criteria are
satisfied.
(1) The structure shall be designed to have low flood damage
potential. Its size shall not exceed 600 sq. ft. in size.
Those portions of the structure located less than 1 foot above
the BFE must be constructed of flood -resistant material.
(2) The structure shall be used solely for low flood damage
potential purposes such as vehicle parking and limited
storage. The structure shall not be used for human
habitation.
(3) The structure shall be constructed and placed on the
building site so as to offer minimum resistance to the flow of
floodwaters.
(4) The structure shall be firmly anchored to resist
flotation, collapse and lateral movement.
(5) The structures service facilities such as electrical and
heating equipment shall be elevated or floodproofed to at
least one foot above the base flood elevation.
(6) The structure's walls shall include openings that
satisfy the provisions of 16-6-4-11 (B) Performance Standards
2. All New and Substantially Improved Structures.
b. Exemption from the 100-year flood elevation requirements
for such a structure may result in increased premium rates for
flood insurance coverage of the structure and its contents.
Section 2. That Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code Article 16-6-4.15
Definitions is hereby amended as follows:
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.
BASE FLOOD ELEVATION: The elevation floodwaters would reach
at a particular site during the occurrence of a base flood
event.
FLOOD INSURANCE STUDY: A study initiated, funded and
published by the federal insurance administration for the
purpose of evaluating in detail the existence and severity of
flood hazards; providing the city with the necessary
information for adopting a floodplain management program and
establishing actuarial flood insurance rates. An examination,
evaluation and determination of flood hazards and, if
appropriate, corresponding water surface elevations.
HIGHEST ADJACENT GRADE: The highest natural elevation of the
ground surface prior to construction next to the proposed
walls of a structure.
Section 3. The foregoing amendments have heretofore been
reviewed by the Zoning Advisory Commission of the City of
Dubuque, Iowa.
Section 4. This ordinance shall take effect immediately upon
publication, as provided by law.
Passed, approved and adopted this 15th day of June 2020.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published in the Telegraph Herald newspaper on the 19th day
of June 2020.
/s/Kevin S. Firnstahl, City Clerk
It 6/19