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