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Request to Rezone_City of Dubuque Unified Development CodePlanning 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 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 THE CITY OF DUB Dubuque E ��11 2007 Masterpiece on the Mississippi September 9, 2011 Applicant: City of Dubuque Description: To amend Section 6 -4 Flood Hazard Overlay District of the Unified Development Code. 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 Staff reviewed the request to adopt a new flood map and amended ordinance language that is necessary to comply with the recommendations of the Iowa Department of Natural Resources predicated on new Federal statutes for flood plain regulations. Staff discussed the changes, including building design modifications and limitations on the use of RVs in a flood plain area. There were no public comments. The Zoning Advisory Commission discussed the request. Commissioner Henschel asked if any of the changes in the Code would affect the new map configuration provided by FEMA. Staff said that it would not and that Planning staff can work with the final version of flood maps provided by FEMA. The Commission discussed the changes and felt they were appropriate. Recommendation By a vote of 4 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. Respectfully submitted, /4440, Charlie Miller, Chairperson Zoning Advisory Commission Attachments cc: Gus Psihoyos, City Engineer Service People Integrity Responsibility Innovation Teamwork Masterpiece on the Mississippi ['Variance ['Conditional Use Permit [Appeal [Special Exception [Limited Setback Waiver ❑Rezoning /PUD Dubuque heal TIP 2007 PLANNING APPLICATION FORM ['Preliminary Plat [Major Final Plat ['Minor Final Plat ❑Simple Site Plan ['Minor Site Plan ['Major Site Plan ['Simple Subdivision ®Text Amendment ❑Temporary Use Permit ❑Annexation ❑Historic Revolving Loan ❑Historic Housing Grant Please type or print legibly in ink Property owner(s): Address: City: Fax Number: Applicant /Agent: City of Dubuque Address: 50 W. 13th St. City of Dubuque Planning Services Department Dubuque, IA 52001 -4805 Phone: 563-589-4210 Fax: 563 - 589 -4221 ['Certificate of Appropriateness DAdvisory Design Review (Public Projects) ['Certificate of Economic Non - Viability DHistoric Designation ['Demolition in Conservation Distcts ❑Neighborhood Association %/� Phone: State: Zip: Cellular Number: E -mail Address: Phone: 563-589-4210 City: Dubuque State: IA Zip: 52001 Fax: Cell: E -mail: planning(acitvofdubuque.org Site location /address: Existing zoning: N/A Proposed zoning: N/A District: N/A Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): N/A Landmark: No Total property (lot) area (square feet or acres): N/A Describe proposal and reason necessary (attach a letter of explanation, if needed):. Amend Flood Hazard Overlay District Section 6 -4 Unified Development Code, to adopt new FEMA Flood maps and amend regulations to comply with NFIP standards. 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): Date: Applicant/Agent: Date: FOR OFFICE USE ONLY — APPLICATION SUBBMTjGTAL CHECKLIST Fee: Received by: Date: g' /21/ Docket: Masterpiece on the Mississippi TO: Zoning Advisory Commission FROM: Kyle L. Kritz, Associate Planner Z • ?'` Dubuque b All-IniericaCitr f a 2007 August 11, 2011 SUBJECT: To Amend Section 6 -4 Flood Hazard Overlay District of the Unified Development Code INTRODUCTION The City of Dubuque is receiving new flood plain maps from the Federal Emergency Management Agency (FEMA) that will go into effect October 18, 2011. City Planning staff has been working with FEMA representatives for approximately two years in an effort to have the most accurate flood maps possible for the City of Dubuque. As part of receiving new flood maps, the City must officially adopt the new maps as part of our flood plain overlay district regulations. DISCUSSION The City of Dubuque Flood Plain Regulations were first adopted in 1990. At that time, the Iowa Department of Natural Resources was in the process of transferring some of the responsibility for enforcement of flood plain management regulations to cities across the state. The City's original flood plain overlay district regulations were based on the model ordinance provided by the State of Iowa. Since its adoption in 1990, the City of Dubuque has not made any changes to the flood plain development regulations. FEMA has informed the City that as part of receiving the new flood maps, that they must be officially adopted by Ordinance prior to the effective date of the new flood plain maps, which is October 18, 2011. Planning staff has worked with Iowa Department of Natural Resources (IDNR) staff and FEMA Region VII staff to make the necessary revisions to the City's flood plain development regulations. Attached to this memorandum is a draft ordinance of the City's flood plain regulations with the proposed changes in bold. The new provisions include referencing the new map panels, regulations concerning openings in structures to allow flood waters to flow through a crawl space, regulations on recreational vehicles located in flood plain areas, and new definitions. Memo to Zoning Advisory Commission Amend Section 6 -4 Flood Hazard Overlay District Page 2 RECOMMENDATION Planning staff recommends the Zoning Advisory Commission review the enclosed changes to the City's flood hazard overlay district and recommend approval to the City Council. KLK/mkr Attachments CRY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council will con- duct public hearings at a meeting to com- mence at 6:30 p.m. on Monday, September 19, 2011, in the Historic Federal Building, 350 West 6th Street, on the following: Rezonings Request from William Peterson Architects, 3485 Windsor Avenue, to amend the Padre Pio Healthcare Center Institutional District to allow construction of a four -story nursing addition and a one - story therapy center. Request from Tom Thompson, 3400 Block of Keymont Drive, to rezone property from R- 2 Two - Family Resi- dential District to R -3 Moderate DensityMulti- Family Residential District Request from the City of Dubuque to amend Section 6-4 Flood Hazard Overlay District of the . Unified Development Code. Copies of supporting documents for the public hearings are on file in the City Clerk's Office and may be viewed during normal working hours. Written comments regarding the above public hearings may be submitted to the City Clerk's Office on or before said time of public'hearing. At said time and place of public hearings all interested citizens and parties will be given an opportunity to be heard for or against said rezoning. Any visUal or hearing impaired persons need- ing special assistance or persons with special accessibility needs should 'contact the City Clerk's Office at (563) 589 -4120 or TTY (563) 690 -6678 at least 48 hours prior to the meeting. Kevin 5. Firnstahl City Clerk It 9/10 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, 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: September 10, 2011, and for which the charge is $15.52. Subscribed to before me, a Notar Pub is in and for Dubuque County, Iowa, this i (p day of ,20 k.j . Public in and for Dubuque County, Iowa. JANET K. PAPE Commission Number 199659 My Comm, Exp. DEC 11, 2013 OFFICIAL PUBLICATION ORDINANCE NO.46.11 AN ORDINANCE AMENDING TITLU 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY REPEALING SECTION 6-4 FLOOD HAZARD OOVERLAY DISTRICT AND' ENACT- ING A NEW SE071ON 6.4 FLOOD HAZARD OVERLAY DISTRICT TO COMPLY WITH NA- TIONALFLOODINSUR- ANCE PROGRAM REQUIREMENTS. 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, 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- .promotee_the "public health, safety, rand general welfare an,d to minimize the extent of floods and the losses incurred in flood hazard areas. The regu- lations 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 facili- ties 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 be- cause of flood hazard; and D. Assure that eligi- bility is maintained for property owners in the, City to purchase flood insurance in the National Flood Insur- ance 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 flood - plain 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 Ser- vices Department. The .current flood insurance study and flood insurance rate map (FIRM) for the City is attached to and made a part of the official flood - plain zoning map. The Flood Insurance Rate Map (FIRM) for Dubuque County and district boundary shall issuance of a be givenya reasonable conditional use permit opportunity ,;to present by the Zoning Board oI them case, apd submit Adjustment as pro - tedhhicarlejty' s vided, for in Article 8. 6 -45Com ce Such uses must also No: struycture, or land meet the applicable shall hereafter-be used provisions of the and no sfr cture'shall Floodway District per - be oca erd led, , ifo:rn),an estandards. con, r)l,strut r"7.yUSes:or,structures turalq •eredotb'cause 'a"ccessory to"' open -" a substantial improve- space uses. mehif. vv ��thqut ' : fully 8# Circuses, carnivals; compliance'ivi'the " "and: similar transiero- terms of:$lris Code and amusement enterprises. other applicable,regu- 9. Drive -in theaters, lations which apply to uses , within the jurisdiction. of this Code: 'Existing struc- tures „vthith suffer I Shalt tlo 16.e required eet. uil ^� pelance with the 'terms of this Code should the damaged structure be repaired or rebuilt. 64.6 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 imposesgceaterrestric- • .conditional; uses must tions- the • evrsi ns of4a eF coy isteht °with the - thls Go"de OR prevail! need t6 minimizefloo'd Alli lleti erkciils finances inconsistent- -with. this Code are' hereby, repealed to fire extent" of i"the inconsistency' only. 64.7 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 pdim'ers granted by state statutes. 6-4.8 Warning and Liabiliity'Discfaliiffet, : The degrree lbfrflood 'protection required by this Code is considered 'reasonable for regu- latory „purposes and is based on engineering I and scientific' methods of study. targer 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 zon- ing map. Within these districts all uses not allowed as permitted uses are prohibited. B. Floodway Overlay District (FW). The Floodway Overlay Dis- trict 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 asZone 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 zon- ing map and indicated on the FIRM maps as Zone A. 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 struc- tures; factory-built homes, fill or other obstruction, the stor- age of materials or equipment, excavation, or alteration of a watercourse. 1. Agricultural uses such as general farming, pasture, graz- ing, outdoor plant nurseries„ horticulture„ square inch for every square foot of - enclosed area sub- - jeet to flooding shall beproviided.” . iv..'The bottom of all openings's)rall be no higher than one foot • above grade. „' t-i0pennngs may be rppekti with ns;r • !buyers, or other egverin new and'used car lots, roadside stands, signs, and billboards. 10. Extraction of sands, gravel, other materials.., • 11. Marinas, boat rental's; "docks; ' piers, wharves. - 12. Utility' trans- mission lines, under- ground pipelines - 13. Other uses similar in natureto the above described uses and which are 'consistent with the general spirit and purposes of this Code. B. Performance stan- dards, All permitted or damage and / shall meet the following'- •''appil cable perrormahee standards:, '1: No use shall be' permitted . in the Floodway O'verlar Dis- trict that would result in any increase in .the eone.hundred -year flood level. Consideration of the - effects of any development ;on' flood levels shall rbe • 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 shah - • . i- Be coagie -tent wnt�h' the need to "mtnimiie 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 appli- cable performance standards of the Floodway Fringe Over- lay District and shall be constructed or aligned to present the mini- mum possible resist- ance to flood flows. 5. Structures, if per- mitted, shall have a low flood damage po- tential and shall not be for human habitation. 6. Storage of mater- ials or equipment that are buoyant, flam- mable, 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 with- in the time available after flood warning. 7. Watercourse altera- tions 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. 9. Pipeline river or stream crossings shall be buried in the streambed and banks or otherwise suffi- ciently 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 Flood- way Fringe Overlay District shall be permitted to the extent that they are not prohibited by any other ordinance (or under- lying zoning district) and provided they meet applicable perfor- mance standards of the Floodway Fringe Overlay District. How- ever, on the Mississippi River or on islands therein, no use will be allowed unless ides= - tified as not being a floodway area by the IDNR. In which case, if . a floodway area is identified, the provi- sions of the FW Floodway Overlay Dis- trict will apply. B. Performance stan- dards. All uses must be sior devices hey permit is entry exit , of floorTiivaters. - Detigns for meeting this requirement must "Be certified by a professional engineer =registered in the State of Iowa. vi. New and sub - 'stantially 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 require- ment must be certified y" ena professional gineer' • registered -in the Skeet&Iowa .""vuiel.Neily and sub- 'stk'ha i i ly improved structures must be constructed with elec- trical, heating, ventila- tion, plumbing, and air 'conditioning . equip- ment 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 dofdowa 3. Residential build - ings. All new or substantially improved residential structures shall have the lowest floor, including base- ments, elevated a minimum of one foot above the 100 -year flood level. Construc- tion - 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 struc- ture erected thereon. Alternate methods of elevating such as piers) may be allowed, subject to favorable consideration by the Zoning Board of Adjustment and issu- ance of a variance, where existing topo- graphy, 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 var- ious 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 build- ings 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 util- ized, 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 water- tight with walls sub- stantially 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. b. Factory-built homes: i. Factory -built homes including those placed in existing factory-built home parks or sub- divisions shall be anchored to resist flotation, collapse, or lateral movement. ii. Factory-built homes including those placed in existing factory-built home parks or sub- divisions shall be elevated on a per- manent foundation such that the lowest floor of the structure is a minimum of one foot above the 100 -year flood level. STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, 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: September 23, 2011, and for which the charge is $465.75. Subscribed to before me, a N• : y Pu.licin • d for Dubuque County, Iowa, this a Sea l day of 1 .0 ' , 20 // . Notary Public in and for Dubuque County, Iowa. MAY K, WESTEF3MMEY Cgrfrlllielnn Nurser '154 0 W 14 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 facili- ties 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 be- cause of flood hazard; and D. Assure that eligi- bility is maintained for property owners in the City to purchase flood insurance in the National Flood Insur- ance 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 flood - plain 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 Ser- vices Department. The - current flood insurance study and flood insurance rate map (FIRM) for the City is attached to and made a part of the official flood - plain zoning map. The Flood Insurance Rate Map (FIRM) for Dubuque County and incorporated areas, City of Dubuque, Panels 19061CO215E, 0217D, 0220E, 0236E, 0237E, 0238E, 0239E, 0241E, 0242E, 0243E, 0244E, 0330E, 0332E, 0335E, 0351E, 0352E, 0354E, 0356E, 0358E, 00360E dated Octo- ber 18, 2011, 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 Inter- pretation of District Boundaries The boundaries of the zoning district shall be determined by scaling distances _ on_ ___the _ official floodplain zon- ing map. Where inter- pretation 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 neces- sary interpretation. The person contesting the location of the District (FW). Floodway Fringe Overlay District (FF) and General Flood Plain Overlay District (FP). The boundaries are shown on the official floodplain zon- ing map. Within these districts all uses not allowed as permitted uses are prohibited. B. Floodway Overlay District (FW). The Floodway Overlay Dis- trict 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 zon- ing map and indicated on the FIRM maps as Zone A. 64.10 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 struc- tures; factory -built homes, fill or other obstruction, the stor- age of materials or equipment, excavation, or alteration of a watercourse. 1. Agricultural uses such as general farming, pasture, graz- ing, outdoor plant nurseries, horticulture, viticulture, truck farm- ing, 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 launch- ing 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 struc- tures (temporary or permanent), fill, and storage of materials or equipment may be permitted only upon injurious to human, animal or plant life is prohibited. Storage of other material may be allowed if readily removable from the Floodway District with- in the time available after flood warning. 7. Watercourse altera- tions 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. 9. Pipeline river or stream crossings shall be buried in the streambed and banks or otherwise suffi- ciently 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 Flood- way Fringe Overlay District shall be permitted to the extent that they are not prohibited by any other ordinance (or under- lying zoning district) and provided they meet applicable perfor- mance standards of the Floodway Fringe Overlay District. How- ever, on the Mississippi River or on islands therein, no use will be allowed unless iden- tified as not being a floodway area by the IDNR. In which case, if a floodway area is identified, the provi- sions of the FW Floodway Overlay Dis -' trict will apply. B. Performance stan- dards. All uses must be consistent with the need to minimize flood damage and shall meet the following appli- cable performance standards: 1. All structures shall be: i. Adequately anchor- ed to prevent flotation, collapse or lateral movement of the structure; ii. Constructed with materials and utility equipment resistant to flood damage; and iii. Constructed by methods and practices that minimize flood damage. 2. All new and substantially improved structures: i. Such areas shall be used solely for parking vehicles, building ac- cess 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 auto- matically 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 by which vehicles Subscribed to before me, a N• :ry Public in • d for Dubuque County, Iowa. during the 100 -year flood. this cije31 day of 4. Nonresidential buildings. All new and substantially improved nonresidential build- ings 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 util- ized, 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 'water- tight with walls sub- stantially 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: i. Factory -built homes including those placed in existing factory-built home parks or sub- divisions shall be anchored to resist flotation, collapse, or lateral movement. ii. Factory-built homes including those placed in existing factory-built home parks or sub- divisions shall be elevated on a per- manent 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 mini- mize 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 dis- posal systems shall be located or designed to avoid impairment to the system or contam- ination from the sys- tem during flooding. iii. New or replace- ment 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 sys- tems shall be located and constructed to minimize or eliminate flood damage to the , 20 // . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERME" Cl'hmldsiofi Number 154 v. Al! such systems and stream cross - shall be certified . as ings shall be buried meeting these require - in . the Streambed ments by a profes -- and banks, or sional engineer regis- otherwise sufficient - tered in the State of ly protected to Iowa. prevent rupture due 7. Storage of mater- to channel degra- ials and equipment dation and mean - that are,- flammable, daring. explosive or injurious 6,4.12 FP General to human, animal or Floodplain Overlay plant life is prohibited District unless elevated a A. Permitted uses. minimum of one foot The' following uses above the 100-year shall be permitted flood level. Other within the FP General material and equip- : Floodplain • Overlay ment must either be, District: to the extent . similarly elevated or.(i)'. %theyare not prohibited not be subject tb major by any other ordinance flood damage, and be , (or underlying zoning anchored to prevent' district) and provided: movement due to flood they do not include waters, or (ii) be - placement of struc- readily remoyafile,from tures, factory-built the area within" the :, :homes., fill., or" other time available) after obstruction the stor flood warning : -: age of. materials or 8. Flood control strut a equipment, excavation, tural works, such as or. alteration of a levees and-flood walls ':watercourse. shall provide, at a . 1: Agricultural uses minimum, Protection , such as" general from a 100 -year flood farming, pasture, graz- with a minimum of ing, -outdoor plant three feet of design.: - nurseries, horticulture, freeboard and shall viticulture, truck farm provide for adequate ing, forestry, sod interior drainage. In farming, and wild Crop addition, structural harvesting. flood control works 2. Accessory uses of shall be approved; by land for industrial/ the IDNR. ,r?c3's ,:. commercial uses such 9. No,use';sdal!-a{fect ,, as - loading areas, the cap citypr;conve: parking areas, airport ante bf the channel or landing strips. floodvya9r of an 3. Private and public tributah igii the,,, ni, recreation uses such . stream,tdrainagetllfoli;i as golf courses, tennis or otherdraintag'e courts, ball fields, facility or system-: driving ranges, archery, 10. Subdivisions (in- ranges, picnic grounds, cluding factory-built transient _camping- and home parks and recreational 'vehicle subdivisions) shall be facilities; boat launch - consistent with the ing ramps, swimming need to minimize flood areas, parks, -;, wildlife damages and shall and nature preserves, have adequate drain- game farms fish,hatch- age provided to reduce eries, shooting pre - exposure to flood serves, target ranges, damage. Development trap and skeet ranges, 'associated with sub- hunting and fishing division proposals shall areas, hiking and meet the applicable horseback riding trails. performance stan- 4. Residential uses of - dards. Subdivision pro- land such as lawns, posals intended for gardens, parking areas residential develop- and play areas." ment shall provide all 5. Such other open lots, with a means of space uses similar in vehicular access that nature .to the above -will remain dry during uses. occurrence of the 100- B. Conditional uses. year flood. Proposals Any uses which involve for subdivisions great- placement of struc- er than five (5) acres or tures,. factory - built,, fifty, (50) lots (which- homes;;. fill_ f or other ever . is less) shall obstructions; the stor- include 100 -year flood age - of materials or elevation data ,s. for equipment,: excavation those areas.. -located or alteration of a within the Floodplain watercourse may be (Overlay) District allowed only upon 11. The exemption of issuance of a condi- detached garages, - .tional use permit by sheds, and - similar the "Zoning Board of structures less than "Adjustment. All such 300.Square'feet in area . ,uses shalt be reviewed front.the year flood ,by the IDNR to elevationuir ehts :,-deter mine: (i) whether may result in''iflcheased - thee -land involved is premium rates for either wholly or partly insurance coverage of within the floodway or the structure and con- floodway fringe, and tents; however, said (ii) the 100 -year flood detached garages, level. The applicant sheds, and similar shall be responsible for accessory type struc- providing- the IDNR tures are exempt from with . sufficient tech- the 100 -year flood nical information to elevation require- make the deter- ments, provided: mination. i. The structures shall C. Performance stan- not be used for human dards. habitation. 1. All conditional uses, _ ,iiThe-structureshall.. -or- portions - thereof, -.to. be designed to have be located in the low flood damage floodway as deter - potential. mined by the IDNR iii. The structure shall -shall meet the appli- be constructed and cable provisions and placed on the building standards of the Flood - site so as to offer way Overlay District. -, minimum resistance to 2. All conditional uses, the flow of flood- or portions thereof, to waters- be located in - the iv. Structures shall be floodway fringe as firmly. .anchored . to - determined by the prevent flotation which IDNR Shall -meet the may ?.resutt.'ir., damage .:applicable standards of to other "ssructtreS. ' the floodway Fringe v. The structure's Overlay District service facility such as 6 -4.13 Floodplain electrical and heating Overlay District Admin- equipment shall be istration elevated or - flood - A. -- Appointment, proofed to at least one duties'.. and responsi- foot .,above ' the 100- - bilities ofCity Planner. year'fl'ood -level; - . 1..A .City Planner vi::Ah such ,structures. ' designated by, the City shall be certified. as Manager shall' admin- meeting these require- ister and enforce this merits, by "a profes- Code and will herein be sional engineer regis- referred to as the tered in the State of Administrator. Iowa. - • - 2. Duties and respon- 12. Recreational - sibilities of the Vehicles Administrator shall I. Recreational vehi- include, but not des are exempt - necessarily be limited from the require- to, the following: meats of Section 6- i. Review all flood - 4.1103)(5) of this plain development Ordinance regard- permit applications to ing anchoring and ensure that the elevation of factory- provisions of this Code built homes when will be satisfied. the following criteria ii. Review all flood- are satisfied. plain development per - a. The recreational mit applications to en- vehicle shall" be sure that all necessary located on the Site permits have been for less than 180 obtained from federal; consecutive :, days, state or local govern- mental agencies. . iii. Record and main- tain a record of: (a) the elevation (in relation to North American Vertical Datum, 1988) of the .- lowest floor of all new or Substantially -in :proved 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 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 aird: is attached tDrthsite only by ' ` quick disconnect. type Utilities and security devices and has no permanently at- tached additions. ii. Recreational 1111 vi. Submit to the Federal Insurance Administrator an an- nual report concerning the City's participation in the National Flood Insurance Program, utilizing the annual report form supplied by the Federal Insur- ance Administrator. vii. Notify the Federal Insurance Administra- tion of any annexations or modifications to the City's boundaries - as part of the annual report 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 viii. Review, - subdivi- will not be contrary to proposals, to the public interest; ensure °such proposals where owing to special are, consistent with the conditions a literal purpose of this Code enforcement of the and advise the "City provisions of this Code Council of potential will result in unneces- conflicts. sary hardship. Vari- B. Floodplain develop -, antes granted .. must ment permit meet' the 'following, submit a plan or rates. 1-' Permit required. A applicable standards:- - document certified by Flood Plain: Any land floodplain develop -. 1. Nb:variances.shall a professionalengineeT, °,area susceptible to ment permit 7issued by be granted for any "registered:in the State being inundated by the Administrator :shah development,- ; within -of, lows' that - -the water 'as a result of a be - secured'- prior to the - Floodway" Overlay floodproofing mea flood. initiation of any flood- District which would sures are, consistent Flood "Plain Manage - plain :,development result in arty increase .with the regulatory herlt: An overall pro- (any' manmade change in the 100- 100 ". flood protection ;gram of corrective and to -improved or Unim- Consideration . of :-thee ton ' and r associated ' Preventive measures proved = real , estate,' effects.; of any flood factors,for: the for reducing flood including but', not development on flood particuiararea • damages and pro - limited to buildings. or levels Shall he based - '6-4.15 : Definitions 1 moting the wise use of Other structures, upon the assumption' . " Unless specifically flood plains, including mining, filling, grading, that an equal degree of defined below or in but not limited to paving, excavation or development would be Article 2, words or emergency prepared - drilling operations) allowed for similarly phrases used in this ness plans, flood including the place- situated lands: Ordinance shall be control works, flood- ment of factory- built ` 2. Variances shall only ;;interpreted so as to proofing and flood homes in both . the be granted upon: (i) a give them the meaning plain management Floodway, --Floodway showing of good and . they have in common regulations. Fringe and General sufficient cause, (ii) a usage and to give this Floodproofing: Any Floodplain Overlay determination that fail- ordinance its most combination of struc- Districts. ure to grant the var- reasonable application. ture and non- structural 2. Application for lance would- result, in Base Flood: The additions, changes, or permit Application for exceptional - hardship flood having one (1) adjustments to struc- a floodplain develop -' to the applicant, and percent chance of tures, including utility merit permit shall be :(iii) a determination , being equaled or and sanitary facilities, made on., forms that the granting of the - exceeded in any which will reduce or supplied by the . variance will not result given :year (See 100- eliminate - flood dam - Administrator and shall in - increased flood. _ year flood). • age to Such structures. include the 'following. ' heights, additional =- Basement: Any en- Floodway: The chan- information. ' 'threats '. to public safe- 'closed'' area of -a nel of a -river or stream, i. Description of and ty,' or extraordinary structure Which,hasits and those portions of plans for the work to be .covered by the permit for Which appli- cation 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. HE Identification of the use or occupancy for which the proposed sureties and deed Flood Insurance Rate restrictions; Map: The official map 4. Requirements for prepared as part of construction of chan- (but published sepa- nel modification, dikes, rately from) the Flood levees, and other Insurance Study which protective measures, delineates both the provided such are flood hazard areas and approved by -the IDNR the risk premium zones and are deemed the applicable to the only practical alterna- community. tive to achieving. the Flood Insurance purposes of_,this ;Code;,, _= study: A study inl- and tfated, funded and 5. Floodproofing rhea, „- pyhlished by the sures which., shall be Federal Insurance designed -';;.. Consistent"!' Administration for the with the : :flood; p'rotec= .•:;purpose of evaluating tiog elevatibn_fo7 the ;;:in;�detail the existence particular r,a-rea, , flood•- :.`and' severity of flood velocities, durations,.ahazards; providing the rate of rise, hydrostatic City with the necessary and hydrodynamic „-,information for adopt - forces, , and other .ing. a flood plain factors associated' with .Management program the regulatoryflood and establishing actu- and' that - the-applicant arial flood insurance public expense, create floor or lowest ,level` , the .:.flood plains nuisances, or cause below ground level fraud on Or victimi- (subgrade) on all sides. zation of the public. Also see "lowest floor." 3. A variance shall . Development: Any only be granted upon a man -made change to determination that the improved or unim- variance - is - the proved real. - estate, minimum necessary including but not considering the flood limited to buildings or hazard, to afford relief. other structures, the 4. In Gases where the storage of equipment variance involves a or materials, mining, lower level of flood dredging, filling, grad - protection for struc- ing, paving,- excavation tures -than what is or drilling operations. work is intended. - ordinarily - required -by- - Existing : Construe- .iv: > :levatiobofthe100 -' ...tfiis +rode,. -.the tion:, Any structure year flood. ' . applicant shall be for which the "start v. Elevation .(in rela -, notified -in writing over ofcenstruetion"com- tion to North" American the .Signature,, of :the . menced before the Vertical Datum, 1988). Administrator .that: (i) effective date of the of the lowest floor -'the isSuance of a first floodplain man - (including basement) Variance will result in agement regulations of the structure or of increased , premium adopted .byH "'the 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 sub- stantially higher flood levels or -flow - velocities- Historic Structure: Any structure that is: 1. Listed individ- the level to Which a rates for flood community on April ually in the National structure is to be insurance, and (ii) such 16, 1990. May also be' Register of Historic floodproofed. construction increases -referred to ;,;,as'.' Places, maintained vi- For structuree . risks to life and "existing structur. by the Department being improved or property. Existing Factory of Interior, or prelim rebw jt • -tihe estimated,' 5.'s -All , variances `- : ;Blrilt,, flame Park. or ,,,inarily- determined . cost .ofd"` improvements, :'granted. shalt havd, the,: ' 5ubdlvisidn. A" faa' ' 'by 'the' Secretary of the Interior as meeting the require- ments for individual listing of - the National Register, 2. Certified or pre- liminarily deter- mined by the Secretary of the Interior as contri- buting to the histor- ical significance of a registered historic district or a district preliminarily - "deter mined 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 pro- grams 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 and market value of concurrence or ap- tory-built home park the 'structure prior to proval of the IDNR. or subdivision for the improvements: E Board decisions. In which the construe- All certifications passing upon requests don of facilities for by a professional for conditional uses 'servicing the lots on engineer registered in and variances, the which the factory- the State of Iowa as Board shall consider all built homes are to be required by this Code. relevant factors speci- affixed (including at viii. Such other info ;- fled in other sections -a minimum, the mation as the Admin- of this Code and: ' installation of . utili- istrator deems reason- 1. The danger to life ties, the construc- ably necessary for the and property -due -to tion of streets, and purpose of this Code. increased flood heights either final . site 3. Action for permit or velocities caused by grading or the applicat- ion :4neAdmin -- encroachments. -' - -- - --m pouring- of concrete istrator shall make a 2. The danger that pads) is completed determination as to materials may be before the effective whether the proposed swept on to other date of the first floodplain _ develop- lands or downstream floodplain manage- ment meets the to the injury of others. ment .. regulations applicable provisions 3. The proposed water- adopted - by the and standards of this supply and sanitation . community on April Code and shall approve systems and the ability 16, 1990. or disapprove the of these systems to Expansion of Exis- application. For disap- prevent disease, con- ting Factory-Built provals, the applicant tamination and unsan- Home Park orSubd- shall be informed, in itary conditions. iv'isiom The pre- 'writing, of the spedific 4. The susceptibility. paration of addi- reasons therefore. The of the prbposed ;facility, . tional ,sites by the Administrator shall, not and' its contents to" construction of fool- issue - " permits for flood" damage and the Wes fir servicing the conditional -uses or -effect of such damage lots on which the variances - except as on . - the individual factory-built homes directed by the, Zoning owner. are to be affixed Board of Adjustment. 5. The importance of Onduding, at " ',a been certified by 4. As-built certifica- the - services provided minimum; the Mani-- either, (i) -an ap- tion. The applicant - by-the proposed facll- lotion of utilities, the _ proved state . pro- shall' be required, prior ityto the community construction of, gram as determined to, the :, -,use : or 6. The- requirements streets, and 'either by the Secretary of occupancy of :any _ . of the facility , for .a. final'. site. grading or the `Interior, or' 'C) structure or develop- floodplain location. the : - pouring of directly by the ment, to submit 7. The availability of concrete pads). , Secretary of the certification - by .- a alternative locations Factory -Built Home: Interior in states professional engineer , hot subject to flooding Any structure, design - without approved registered in the State " for proposed use. -. - ed for- ;residential, use, programs. of -Iowa that the work 8. The compatibility of which is wholly or in Lowest Floor. T he authorized by the the proposed use with substantial part, made, floor of the lowest floodplain develop- existing development fabricated, formed or enclosed area in a merit permit was and development anti - assembled in manu- structure, including a accomplished in cipated in the facturing facilities for basement, except compliance with this foreseeable future. installation or assem- when all the following Code. Any use, arrange- 9. The relationship of bly and installation on criteria are met: ment, or construction the proposed use to a building site. For the 1. The enclosed area in conflict with that the Comprehensive purpose of this is designated to satisfy authorized shall be Plan and floodplain ordinance, factory- the provisions of deemed a violation of management program built homes include Section 6- 4.11(4); and this Code. for the area. mobile homes, manu- 2. The enclosed area 6 -4.14 Zoning Board of 10. The safety of factured homes and is unfinished (not Adjustment Action access to the property modular homes and carpeted, drywalled, Authorized, etc.) and used solely A. The - Zoning Board for low ; damage of Adjustment shall g y d th 1 potential: uses such as hear and decide applies building.'access, park- cations for conditional heights, I 'ty d t ' f t th " ing or-Storage; and uses, appeals ' and t f d 8 d 3. Machinery and variances. service facilities (e.g., B. Conditional uses. hot water heater, fur - Requests for "condi- nace, electrical ser- tional uses`-shall,' 'be d d' ' d vice) contained in the submitted, to the enclosed area are; Administrator, .-who . located at least one (1)- shall forward spcit?to - food above the 10'O the , Board "for.- consi- g year -flood level:, and deration: Such ',re ; . 4: The enclosed area quests shall include I I is not a "basement" as . information ordinarily h y defined in this section. submitted with appli- In cases where the cations as well, as any lowest enclosed area additional information. h satisfies criteria 1, 2, 3, deemed necessary " by and 4 above, the the Board. . p lowest flood is the floor C.Aooeals. Where it is of the next highest in times of flood for also include park ordinary and - emer- .trailers; •travel trailers enc vehicles.' an other similar 13. The expected, : Vehicles 'placed on a . ve ocl , ur- -SI a or . greater than ation; ate of rise and I80 consecutive days. - sediment transport of Factory-Built Home the flood water - ,Park A parcel or expected at the site. contiguous parcels of 12. Such other factors. land ivide ' into two which are relevant to or more factory-built the purpose of this home lots for rent or Code. sale. F. Conditions attached ••.' Flood:,.A.; eneral or to conditional uses or temporary` condition of variances. Upon consi- partial or complete deration of the factors : inundation of normally above, the Board - dry land areas result - may ' attach ., such ° ing from the overflow conditions to the of streams or rivers or granting of conditional from the unusual and uses and variances as rapid runoff of surface it deems necessary to waters from any struction commenced on or after the effec- tive date of the Flood Insurance Rate Map (September 6, 1989). New Factory-Built Home Park or Subdivision: A fac- tory-built home park or subdivision for which the construc- tion of facilities for servicing the lots on which the factory- built homes are to be affixed (including at a minimum, the installation of utili- ties, the construc- tion 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 man- agement regulations adopted by the community on April 16, 2990. 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 Vehi- cle: A vehicle which is: 1. Built on a single chassis; 2. Four hundred (400) square feet or less when measured at the largest hori- zontal projection; 3. Designed to be self- propelled or per- manently towable by a light duty .- truclq and 4. Designed primar- ily not for use as a - permanent dwelling but as a temporary living quarters for recreational," camp - ing, travel, or seasonal use. Routine Mainte- nance of Existing Buildings and Facilit- ies: Repairs neces- sary to keep a structure in a safe and habitable condi- tion, provided they are not associated with a general improvement of the structure or repair of a damaged struc- ture. Such repairs include: 1. Normal mainte- nance of structures such as re-roofing, replacing roofing tiles and replacing siding; ; 2. Exterior and interior painting, papering, tiling, carpeting, cabinets, counter _tops -,-.and Similarfinish work; 3. Basement seal- ing; 4. Repairing or replacing damaged or broken window panes; 5. Repairing plumb- ing systems, electri- cal systems, heating or air . conditioning systems and repair- ing wells or septic systems. Special Flood Haz- --ard Area The _ land within a community subject to the 100 - year flood. This land is identified as Zone A on the commun- ity's Flood Insurance Rate Map. Start of Construc- tion: Includes sub- stantial improve- ment, and means the date the develop- ment ' permit was issued, provided the actual start of construction, repair, reconstruction, reha- bilitation, addition, placement, or other improvement, was within 180- days of the permit date. The actual start -means either the first placement or per- manent construction of a structure on a site, such as pouring of a slab or footings, the installation of pile, the construc- tion of columns, or any work beyond the stage of excavation; or the placement of a factory-built home on a foundation. Permanent construc- tion does not include land - preparation, such as cleaning, grading or filling, nor does it include the installation of streets and/or walk- ways; nor does it indude excavation for a basement, footings, piers, or foundations, or the erection of tempo- rary forms; nor does it include the installation- on the property- of acces- sory buildings such as garages or sheds -.not 'occupied as dwelling units or not . part of the main structure. For a substantial improve- ment, the actual start of construction means the first alteration of any wall, ceiling, floor, or caoms, factory-punt homes, storage tanks, and other similar uses. Substantial Damage: Damage of any origin sustained by a struc- ture 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 Improve- ment: Any improve- ment to a structure which satisfies either of the following criteria: 1. Any repair, recon- struction, rehabilita- tion, 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 improve- ment 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, "sub- stantial 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 improve- ment of a structure to comply with existing state or local health,' sanitary, ,or' safety code specifications which are " solely necessary ' :too assure safe conditions for th'e existing use. , -, ' ' ' 2.' Any addition which .- increases the original floor area of a building by 25 :percent or more. All' additions con- structed after Septem- ber 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 commun- ity from the terms of the floodplain man - agement regulations as defined in Article 2. Violation: The fail- ure of a structure or other development to be fully compliant with the commun- ity's floodplain man- agement regulations. Section 3. The fore- going amendment shall take affect upon publication, as pro- vided by law. Passed, approved and adopted this 19th day of September, 2011. . /s /Lynn V. Sutton, Mayor-Pro -Ter Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph - Herald on the 23rd day of September, 2011. /s /Kevin S. Firnstahl, City Clerk It 9/23 waters. 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 flood- proofed to at least one foot aabove °the 100 - yearflood level. vi. All such structures Shall be° certified :; as meeting these require- ments by a profes- sional engineer regis- tered in the State of Iowa. 12. Recreational Vehicles i. Recreational vehi- des are exempt from " the require- ments of Section 6- 4.11(B)(5) Of this Ordinance regard- ing anchoring and elevation of factory- built homes when the following criteria are satisfied. a. The recreational vehicle shall be d locate' on the Site for less than 180 consecutiire days, 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_Jdcking- system atld r IS attached tatAhe- site only by ' quick disconnect type utilities and security devices and has no permanently at- tached 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 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 Admin- istration A. Appointment, duties and responsi- bilities of City Planner, 1. A City Planner designated by the City 'Manager shall admin- ister and enforce this Code and will herein be referred to as the Administrator. 2. Duties and respon- sibilities of the Administrator shall include, but not .necessarily be limited to, the following: i. Review all flood- plain development permit applications to ensure that the provisions of this Code will be satisfied. ii. Review all flood- plain development per- mit applications to en- sure that all necessary permits have been obtained from federal, state or local govern- mental agencies. iii. Record and main- tain a record of: (a) the elevation (in relation to North American Vertical Datum, 1988) of, the lowest floor of all pew or substantially ini proved 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 application. For disap- provals, 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 certifica- tion. The applicant shall be required, prior to , the -",use or occupancy -. of any structure or develop- ment; to submit certification by a professional engineer . registered in the State of Iowa that the work authorized by the floodplain " develop- ment permit was accomplished in compliance with this Code. Any.use, arrange- ment, 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 decideappli - cations for conditional_ uses, ' appeals • and variances. B. Conditional uses. Requests for - condi- tional uses -shall be submitted, to the Administrator, -,who shall forward such"•'to. the Board for _consi- deration s= -'Such -re- quests shall include information ordinarily submitted with appli- cations 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 prevent disease, con- tamination and unsan- itary 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 facil- ity to the community. 6. The requirements of the facility • for a'. floodplain location. 7. The availability of alternative locations hot subject to flooding . for the proposed use. 8. The compatibility of the proposed use with existing development and development anti- cipated in the foreseeable future. 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 emer- gency vehicles. 11. The expected heights, velocity, dur- ation; 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 consi- deration 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 condi- tions may include, but not necessarily be limited to: 1. Modification, of ting Factory-Built Home Park or Subd- ivision: The pre- paration of addi- tional ,.sites by the construction of facil- ities for servicing the lots on which the factory-built homes are to be affixed (including, at a minimum, the instal lation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). - Factory -Built Home: Any structure, design- ed for residential use, which is wholly or in substantial part, made, fabricated, formed or assembled in manu- facturing facilities for installation or assem- bly and installation on a building site. For the purpose of this ordinance, factory- built homes include mobile homes, manu- factured 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 lots for rent or. sale. - Flood:.A general or temporar'y-condition of partial or complete inundation of normally dry land areas result- ing from the overflow of stream's 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 grams 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 ap- proved state pro- gram as determined by the Secretary of the Interior, or "(I) directly by the Secretary of the Interior in states without approved programs. 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, drywal led, etc.) and used solely for , low , damage potential: uses such as building access, park- ing or storage; and 3. Machinery and service facilities (e.g., hot water heater, fur- nace, electrical ser- vice) 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. 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 stantial improve- ment, and means the date the develop- ment permit was issued, provided the actual start of construction, repair, reconstruction, reha- bilitation, addition, placement, or other improvement, was within 180 days of the permit date. The actual start means either - the first placement or per- manent construction of a structure on a site, such as pouring of a slab or footings, the installation of pile, the construc- tion of columns, or any work beyond the stage of excavation; or the placement of a factory-built home on a foundation. Permanent construc- tion does not include land preparation, such as cleaning, grading or filling, nor does it include the installation of streets and/or walk- ways; nor does it include excavation for a basement, footings, piers, or foundations, or the erection of tempo- rary forms; nor does it include the installation" on the property of acces- sory buildings such -as garages or sheds not occupied as dwelling units or not . part of the main structure. For a substantial improve- ment, 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. Prepared 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. 46 -11 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. 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, 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 D. Assure that eligibility is maintained for property owners in the City to purchase flood insurance in the National Flood Insurance Program. Ordinance No. — 11 6 -4.2 Lands to Which Regulations Apply Page 2 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. flood insurance rate map (FIRM) for the City is attached to and madc a part of the The Flood Insurance Rate Map (FIRM) for Dubuque County and incorporated areas, City of Dubuque, Panels 19061CO215E, 0217D, 0220E, 0236E, 0237E, 0238E, 0239E, 0241E, 0242E, 0243E, 0244E, 0330E, 0332E, 0335E, 0351E, 0352E, 0354E, 0356E, 0358E, 00360E dated October 18, 2011, 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 No 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, the provisions of this Code shall prevail. All other ordinances inconsistent with this Code are hereby repealed to the extent of the inconsistency only. Ordinance No. — 11 Page 3 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. 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 Ordinance No. — 11 Page 4 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 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 lots, 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. 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 Ordinance No. — 11 Page 5 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. 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 Ordinance No. — 11 Page 6 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: i. Adequately anchored to prevent flotation, collapse or lateral movement of the structure; ii. Constructed with materials and utility equipment resistant to flood damage; and iii. Constructed by methods and practices that minimize flood damage. 2. All new and substantially improved structures: i. 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. 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 Ordinance No. — 11 Page 7 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: 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 Ordinance No. — 11 Page 8 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. 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 Tots 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: Ordinance No. — 11 Page 9 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 less than 180 consecutive days, and 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. Ordinance No. — 11 Page 10 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 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: Ordinance No. — 11 Page 11 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. 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. Ordinance No. — 11 Page 12 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. 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 uses. 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 Ordinance No. — 11 Page 13 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 assumption that an equal degree of development would be allowed for similarly situated lands. 2. Variances shall only be granted upon: (i) 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. Ordinance No. — 11 Page 14 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. 1 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 to: 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. Ordinance No. — 11 Page 15 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." 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 lots for rent or sale. Ordinance No. — 11 Page 16 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 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 Ordinance No. — 11 Page 17 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. 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, drywalled, 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. 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 less 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 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 first floodplain management regulations adopted by the community on April 16, 1990. Ordinance No. — 11 Page 18 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; 3. Designed to be self - propelled or permanently towable by a light 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 Ordinance No. — 11 Page 19 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. 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 3. The foregoing amendment shall take affect upon publication, as provided by law. Ordinance No. — 11 Attest: Page 20 Passed, approved and adopted this 19th day of September 2011. 1 h,zr Kevin S. Firnst: hI, City Clerk n V. Sutton, Mayor Pro -Tem