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UDC Flood Hazrd Overlay DistrictPlanning Services Department City Hall 50 West 13l^ Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589 -4221 fax (563) 690 -6678 TDD planning @cityofdub uque.org Dubuque kritri All-AmedcaCAY '111' 2012 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Masterpiece on the Mississippi May 7, 2013 Applicant: City of Dubuque Description: 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 Associate Planner Kyle Kritz reviewed the requested text amendment, noting that the five new panels were revised to reflect the City's levee being recertified and base flood elevations being added to the four detention basins that function as part of the levee system. There were no public comments. The Zoning Advisory Commission discussed the request and found it to be appropriate. Recommendation By a vote of 5 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, �J C as Charles Miller, Chairperson Zoning Advisory Commission Service People Integrity Responsibility Innovation Teamwork Masterpiece on the Mississippi ❑Variance ❑Conditional Use Permit ❑ Appeal ❑ Special Exception ['Limited Setback Waiver ❑ Rezoning /PUD/ID Dubuque uamwcn 1111. 2012 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 DHistoric Revolving Loan ❑ Historic Housing Grant City of Dubuque Planning Services Department Dubuque, IA 52001 -4805 Phone: 563 -589 -4210 Fax: 563 -589 -4221 planning ancitvofdubuaue.org ❑ Certificate of Appropriateness ❑ Advisory Design Review (Public Projects) ❑Certificate of Economic Non - Viability ❑Historic Designation ❑Demolition in Conservation Districts ❑ Port of Dubuque Design Review Please type or print legibly in ink Property owner(s): Phone: Address: Fax #: City: State: Zip: Cell #: E -mail: Applicant /Agent: City of Dubuque Address: 50 W. 13th Street Fax #: 563 -589 -4221 Phone: 5635894210 City: Dubuque State: IA Zip: 52001 Cell #: N/A E -mail: planning @cityofdubuque.org Site location /address: N/A Neighborhood Association: N/A Existing zoning: N/A Proposed zoning: N/A District: N/A Landmark: ❑ Yes ® No Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): Total property (lot) area (square feet or acres): Describe proposal and reason necessary (attach a letter of explanation, if needed): Amend Flood Hazard District Overlay Section 6 -4 Unified Development Code to adopt five revised FEMA Flood Map Panels to reflect re- certification of the city's Floodwall. 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: /yu FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST Fee: — Received by: Date: zings Docket: Masterpiece on the Mississippi Dubuque All-Amedca City '111' 2012 April 19, 2013 TO: Zoning Advisory Commission FROM: Kyle L. Kritz, Associate Planner R t. 7‘ • SUBJECT: To amend Section 6 -4 Flood Hazard Overlay District of the Unified Development Code INTRODUCTION This memorandum transmits a City request to amend Section 6 -4 Flood Hazard Overlay District of the Unified Development Code (UDC) to adopt five revised flood plain map panels reflecting re- certification of the City's levee and floodwall system. A UDC text amendment is attached. DISCUSSION The City of Dubuque has received new flood plain map panels from the Federal Emergency Management Agency (FEMA) that will go into effect on August 19, 2013. These map panels cover the entire riverfront of the City of Dubuque. City staff worked with FEMA representatives to re- certify the City's levee and floodwall system in accordance with FEMA requirements. The new FEMA flood plain maps that went into effect on October 18, 2011, had a note that our levee and floodwall system was provisionally accredited. FEMA has certified our levee and floodwall system. The new map panels have removed the provisionally accredited note. FEMA has informed the City that as part of receiving new flood map panels along the Mississippi River, that the new panels must be officially adopted by Ordinance prior to the effective date of the new flood plain map panels, which is August 19, 2013. Planning staff has coordinated with the 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, as shown on the attachment. The only other changes to the Flood Map Panels is that Base Flood Elevations are established for the City's four detention basins along the floodwall, and the new shape of the 16th street detention basin is accurately reflected. Memo to Zoning Advisory Commission Page 2 Attached to this memorandum is a draft ordinance for the City's flood plain regulations. The only proposed change is to reference the five new map panels that will go into effect on August 19, 2013. RECOMMENDATION Planning staff recommends the Zoning Advisory Commission review the enclosed revisions to the City's Flood Hazard Overlay District and recommend approval to the City Council. KLK/mkr Attachments cc: Gus Psihoyas, City Engineer Don Vogt, Public Works Director Laura Carstens, Flood Plain Administrator 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. 27 -13 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY REPEALING SECTION 6 -4 FLOOD HAZARD OVERLAY DISTRICT AND ENACTING A NEW SECTION 6 -4 FLOOD HAZARD OVERLAY DISTRICT TO COMPLY WITH NATIONAL FLOOD INSURANCE PROGRAM REQUIREMENTS. 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 Ordinance No.27 -13 Page 2 D. Assure that eligibility is maintained for property owners in the City to purchase flood insurance in the National Flood Insurance Program. 6-4.2 Lands to Which Regulations Apply This section shall apply to all lands within the jurisdiction of the City shown on the Official Zoning Map as being within the boundaries of the 100 -year floodplain. 6 -4.3 Establishment of Official Floodplain Zoning Map The official floodplain zoning map, together with all explanatory matter thereon and is hereby adopted by reference and declared to be a part of this Code. The Official Zoning Map bears the signature of the Mayor attested by the City Clerk and shall be on file in the office of the Planning Services Department. The Flood Insurance Rate Map (FIRM) for Dubuque County and incorporated areas, City of Dubuque, Panels 19061CO215E, 0217D, 0220E, 0236E, 0237E, 0238E, 0239E, 0241E, 0330E, 0332E, 0335E, 0351E, 0352E, 0354E, 0358E, dated October 18, 2011, and Panels 0242F, 0243F, 0244F, 0356F, 0360F, dated August 19, 2013, which were prepared as part of the Flood Insurance Study for Dubuque County, are hereby adopted by reference and declared to be the Official Floodplain Zoning Map. The flood profiles and all explanatory material contained with the Flood Insurance Study are also declared to be a part of this ordinance. 6 -4.4 Rules for Interpretation of District Boundaries The boundaries of the zoning district shall be determined by scaling distances on the official floodplain zoning map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, the City Planner shall make the necessary interpretation. The person contesting the location of the district boundary shall be given a reasonable opportunity to present their case and submit technical evidence. 6 -4.5 Compliance 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, Ordinance No.27 -13 Page 3 the provisions of this Code shall prevail. All other ordinances inconsistent with this Code are hereby repealed to the extent of the inconsistency only. 6 -4.7 Interpretation In their interpretation and application, the provisions of this Code shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes. 6 -4.8 Warning and Liability Disclaimer The degree of flood protection required by this Code is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This Code does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This Code shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this Code or any administrative decision lawfully made thereunder. 6 -4.9 Establishment of Floodplain Overlay Districts The floodplain areas within the jurisdiction of this Code are hereby divided into the following districts: A. Floodway Overlay District (FW). Floodway Fringe Overlay District (FF) and General Flood Plain Overlay District (FP). The boundaries are shown on the official floodplain zoning map. Within these districts all uses not allowed as permitted uses are prohibited. B. Floodway Overlay District (FW). The Floodway Overlay District shall be consistent with the boundaries of the floodway as shown on the official floodplain zoning map Overlay and indicated on the FIRM maps as Zone AE (hatched). C. Floodway Fringe Overlay District (FF). The Floodway Fringe Overlay District shall be those areas shown as floodway fringe on the official floodplain zoning map and indicated on the FIRM maps as Zone AE. D. General Floodplain Overlay District (FP). The General Floodplain Overlay District shall be those areas shown as being within the approximate 100 -year flood boundary on the official floodplain zoning map and indicated on the FIRM maps as Zone A. Ordinance No.27 -13 Page 4 6 -4.10 FW Floodway Overlay District A. Permitted uses. The following uses shall be permitted within the FW District to the extent they are not prohibited by any other ordinance (or underlying zoning district) and provided they do not include placement of structures, factory-built homes, fill or other obstruction, the storage of materials or equipment, excavation, or alteration of a watercourse. 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. Ordinance No27-13 Page 5 13. Other uses similar in nature to the above described uses and which are consistent with the general spirit and purposes of this Code. B. Performance standards. All permitted or conditional uses must be consistent with the need to minimize flood damage and shall meet the following applicable performance standards: 1. No use shall be permitted in the Floodway Overlay District that would result in any increase in the one hundred -year flood level. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands. 2. All uses within the Floodway Overlay District shall: i. Be consistent with the need to minimize flood damage. ii. Use construction methods and practices that will minimize flood damage. iii. Use construction materials and utility equipment that are resistant to flood damage. 3. No use shall affect the capacity or conveyance of the channel or floodway or any tributary to the main stream, drainage ditch, or any other drainage facility or system. 4. Structures and sanitary and utility systems, if permitted, shall meet the applicable performance standards of the Floodway Fringe Overlay District and shall be constructed or aligned to present the minimum possible resistance to flood flows. 5. Structures, if permitted, shall have a low flood damage potential and shall not be for human habitation. 6. Storage of materials or equipment that are buoyant, flammable, explosive or injurious to human, animal or plant life is prohibited. Storage of other material may be allowed if readily removable from the Floodway District within the time available after flood warning. 7. Watercourse alterations or relocations (channel changes and modifications) must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved by the IDNR. 8. Any fill allowed in the floodway must be shown to have some beneficial purpose and shall be limited to the minimum amount necessary. Ordinance No. 2713 Page 6 9. Pipeline river or stream crossings shall be buried in the streambed and banks or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering or due to the action of flood flows. 6 -4.11 FF Floodway Fringe Overlay District A. Permitted uses. All uses within the Floodway Fringe Overlay District shall be permitted to the extent that they are not prohibited by any other ordinance (or underlying zoning district) and provided they meet applicable performance standards of the Floodway Fringe Overlay District. However, on the Mississippi River or on islands therein, no use will be allowed unless identified as not being a floodway area by the IDNR. In which case, if a floodway area is identified, the provisions of the FW Floodway Overlay District will apply. B. Performance standards. All uses must be consistent with the need to minimize flood damage and shall meet the following applicable performance standards: 1. All structures shall be: 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. Ordinance No. 27 -13 Page 7 Designs for meeting this requirement must be certified by a professional engineer registered in the State of Iowa. vi. New and substantially improved structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Designs for meeting this requirement must be certified by a professional engineer registered in the State of Iowa. vii. New and substantially improved structures must be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and located so as to prevent water from entering or accumulating within the components during conditions of flooding. Designs for meeting this requirement must be certified by a professional engineer registered in the State of Iowa. 3. Residential buildings. All new or substantially improved residential structures shall have the lowest floor, including basements, elevated a minimum of one foot above the 100 -year flood level. Construction shall be upon compacted fill which shall, at all points, be no lower than one foot above the 100 -year flood level and extend at such elevation at least 18 feet beyond the limits of any structure erected thereon. Alternate methods of elevating (such as piers) may be allowed, subject to favorable consideration by the Zoning Board of Adjustment and issuance of a variance, where existing topography, street grades, or other factors preclude elevating by fill. In such cases, the methods used must be adequate to support the structure as well as withstanding the various forces and hazards associated with flooding. All new residential buildings shall be provided with a means of access which will be passable by wheeled vehicles during the 100 -year flood. 4. Nonresidential buildings. All new and substantially improved nonresidential buildings shall have the lowest floor (including basement) elevated a minimum of one foot above the 100 -year flood level, or together with attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a professional engineer registered in the State of Iowa shall certify that the floodproofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 100 -year flood; and that the structures, below the 100 -year flood level, are watertight with walls substantially impermeable to the passage of water. A record of the certification indicating the specific elevation (in relation to North American Vertical Datum, 1988) to which any structures are floodproofed shall be maintained by the City Planner. 5. Factory-built homes: Ordinance No. 2'113 Page 8 i. Factory-built homes including those placed in existing factory-built home parks or subdivisions shall be anchored to resist flotation, collapse, or lateral movement. ii. Factory-built homes including those placed in existing factory-built home parks or subdivisions shall be elevated on a permanent foundation such that the lowest floor of the structure is a minimum of one foot above the 100 -year flood level. 6. Utility and sanitary systems: i. All new and replacement sanitary sewage systems shall be designed to minimize and eliminate infiltration of flood waters into the system as well as the discharge of effluent into flood water. Wastewater treatment facilities shall be provided with a level of flood protection equal to or greater than one foot above the 100 -year flood elevation. ii. On -site waste disposal systems shall be located or designed to avoid impairment to the system or contamination from the system during flooding. iii. New or replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. Water supply treatment facilities shall be provided with a level of protection equal to or greater than one foot above the 100 -year flood elevation. iv. Utilities such as gas or electrical systems shall be located and constructed to minimize or eliminate flood damage to the system and the risk associated with such flood damaged or impaired systems. v. All such systems shall be certified as meeting these requirements by a professional engineer registered in the State of Iowa. 7. Storage of materials and equipment that are flammable, explosive or injurious to human, animal or plant life is prohibited unless elevated a minimum of one foot above the 100 -year flood level. Other material and equipment must either be similarly elevated or (i) not be subject to major flood damage and be anchored to prevent movement due to flood waters, or (ii) be readily removable from the area within the time available after flood warning. 8. Flood control structural works such as levees and flood walls shall provide, at a minimum, protection from a 100 -year flood with a minimum of three feet of design freeboard and shall provide for adequate interior drainage. In addition, structural flood control works shall be approved by the IDNR. Ordinance No.27 -13 Page 9 9. No use shall affect the capacity or conveyance of the channel or floodway of any tributary to the main stream, drainage ditch, or other drainage facility or system. 10.Subdivisions (including factory -built home parks and subdivisions) shall be consistent with the need to minimize flood damages and shall have adequate drainage provided to reduce exposure to flood damage. Development associated with subdivision proposals shall meet the applicable performance standards. Subdivision proposals intended for residential development shall provide all lots with a means of vehicular access that will remain dry during occurrence of the 100 -year flood. Proposals for subdivisions greater than five (5) acres or fifty (50) lots (whichever is less) shall include 100 -year flood elevation data for those areas located within the Floodplain (Overlay) District. 11.The exemption of detached garages, sheds, and similar structures less than 300 square feet in area from the 100 -year flood elevation requirements may result in increased premium rates for insurance coverage of the structure and contents; however, said detached garages, sheds, and similar accessory type structures are exempt from the 100 -year flood elevation requirements, provided: i. The structures shall not be used for human habitation. ii. The structure shall be designed to have low flood damage potential. iii. The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters. iv. Structures shall be firmly anchored to prevent flotation which may result in damage to other structures. v. The structure's service facility such as electrical and heating equipment shall be elevated or floodproofed to at least one foot above the 100 -year flood level. vi. All such structures shall be certified as meeting these requirements by a professional engineer registered in the State of Iowa. 12. Recreational Vehicles i. Recreational vehicles are exempt from the requirements of Section 6- 4.11(B)(5) of this Ordinance regarding anchoring and elevation of factory- built homes when the following criteria are satisfied. a. The recreational vehicle shall be located on the site for less than 180 consecutive days, and Ordinance No. 2713 Page 10 b. The recreational vehicle must be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system and is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. ii. Recreational vehicles that are located on the site for more than 180 consecutive days or are not ready for highway use must satisfy requirements of Section 6- 4.11(B)(5) of this Ordinance regarding anchoring and elevation of factory-built homes. 13. Pipeline river and stream crossings shall be buried in the streambed and banks, or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering. 6 -4.12 FP General Floodplain Overlay District A. Permitted uses. The following uses shall be permitted within the FP General Floodplain Overlay District to the extent they are not prohibited by any other ordinance (or underlying zoning district) and provided they do not include placement of structures, factory-built homes, fill or other obstruction, the storage of materials or equipment, excavation, or alteration of a watercourse. 1. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting. 2. Accessory uses of land for industrial /commercial uses such as loading areas, parking areas, airport landing strips. 3. Private and public recreation uses such as golf courses, tennis courts, ball fields, driving ranges, archery ranges, picnic grounds, transient camping and recreational vehicle facilities, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails. 4. Residential uses of land such as lawns, gardens, parking areas and play areas. 5. Such other open space uses similar in nature to the above uses. B. Conditional uses. Any uses which involve placement of structures, factory-built homes, fill or other obstructions, the storage of materials or equipment, excavation or alteration of a watercourse may be allowed only upon issuance of a conditional use permit by the Zoning Board of Adjustment. All such uses shall be reviewed by Ordinance No. 2713 Page 11 the IDNR to determine: (i) whether the land involved is either wholly or partly within the floodway or floodway fringe, and (ii) the 100 -year flood level. The applicant shall be responsible for providing the IDNR with sufficient technical information to make the determination. C. Performance standards. 1. All conditional uses, or portions thereof, to be located in the floodway as determined by the IDNR shall meet the applicable provisions and standards of the Floodway Overlay District. 2. All conditional uses, or portions thereof, to be located in the floodway fringe as determined by the IDNR shall meet the applicable standards of the Floodway Fringe Overlay District. 6 -4.13 Floodplain Overlay District Administration A. Appointment, duties and responsibilities of City Planner. 1. A City Planner designated by the City Manager shall administer and enforce this Code and will herein be referred to as the Administrator. 2. Duties and responsibilities of the Administrator shall include, but not necessarily be limited to, the following: i. Review all floodplain development permit applications to ensure that the provisions of this Code will be satisfied. ii. Review all floodplain development permit applications to ensure that all necessary permits have been obtained from federal, state or local governmental agencies. iii. Record and maintain a record of: (a) the elevation (in relation to North American Vertical Datum, 1988) of the lowest floor of all new or substantially improved structures, or (b) the elevation to which new or substantially improved structures have been floodproofed. iv. Notify adjacent communities and /or counties and the IDNR prior to any proposed alteration or relocation of a watercourse and submit evidence of such notifications to the Federal Insurance Administrator. v. Keep a record of all permits, conditional uses, appeals, variances and such other transactions and correspondence pertaining to the administration of this Code. Ordinance No. 27 13 Page 12 vi. Submit to the Federal Insurance Administrator an annual report concerning the City's participation in the National Flood Insurance Program, utilizing the annual report form supplied by the Federal Insurance Administrator. vii. Notify the Federal Insurance Administration of any annexations or modifications to the City's boundaries as part of the annual report. viii. Review subdivision proposals to ensure such proposals are consistent with the purpose of this Code and advise the City Council of potential conflicts. B. Floodplain development permit. 1. Permit required. A floodplain development permit issued by the Administrator shall be secured prior to initiation of any floodplain development (any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, filling, grading, paving, excavation or drilling operations) including the placement of factory-built homes in both the Floodway, Floodway Fringe and General Floodplain Overlay Districts. 2. Application for permit. Application for a floodplain development permit shall be made on forms supplied by the Administrator and shall include the following information. i. Description of and plans for the work to be covered by the permit for which application is to be made. ii. Description of the land on which the proposed work is to be done (i.e., lot, block, tract, street address or similar description) that will readily identify and locate the work to be done. iii. Identification of the use or occupancy for which the proposed work is intended. iv. Elevation of the 100 -year flood. v. Elevation (in relation to North American Vertical Datum, 1988) of the lowest floor (including basement) of the structure or of the level to which a structure is to be floodproofed. vi. For structures being improved or rebuilt, the estimated cost of improvements and market value of the structure prior to the improvements. vii. All certifications by a professional engineer registered in the State of Iowa as required by this Code. Ordinance No27 -13 Page 13 viii. Such other information as the Administrator deems reasonably necessary for the purpose of this Code. 3. Action for permit application. The Administrator shall make a determination as to whether the proposed floodplain development meets the applicable provisions and standards of this Code and shall approve or disapprove the application. For disapprovals, the applicant shall be informed, in writing, of the specific reasons therefore. The Administrator shall not issue permits for conditional uses or variances except as directed by the Zoning Board of Adjustment. 4. As -built certification. The applicant shall be required, prior to the use or occupancy of any structure or development, to submit certification by a professional engineer registered in the State of Iowa that the work authorized by the floodplain development permit was accomplished in compliance with this Code. Any use, arrangement, or construction in conflict with that authorized shall be deemed a violation of this Code. 6 -4.14 Zoning Board of Adjustment Action Authorized. A. The Zoning Board of Adjustment shall hear and decide applications for conditional uses, appeals and variances. B. Conditional 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 aggrieved party may appeal such action. The notice of appeal shall be filed with the Board and with the official from whom the appeal is taken and shall set forth the specific reason for the appeal. The official from whom the appeal is taken shall transmit to the Board all the papers constituting the record upon which the action appealed from was taken. D. Variances. The Board may authorize, upon request in specific cases, such variances from the terms of this Code that will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this Code will result in unnecessary hardship. Variances granted must meet the following applicable standards: 1. No variances shall be granted for any development within the Floodway Overlay District which would result in any increase in the 100 -year level. Consideration of the effects of any development on flood levels shall be based upon the Ordinance No.27 -13 Page 14 assumption that an equal degree of development would be allowed for similarly situated lands.. 2. Variances shall only be granted upon: (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. 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. 5. The importance of the services provided by the proposed facility to the community. 6. The requirements of the facility for a floodplain location. 7. The availability of alternative locations not subject to flooding for the proposed use. 8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. Ordinance No.27 -13 Page 15 9. The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area. 10. The safety of access to the property in times of flood for ordinary and emergency vehicles. 11.The expected heights, velocity, duration, rate of rise and sediment transport of the flood water expected at the site. 12. Such other factors which are relevant to the purpose of this Code. F. Conditions attached to conditional uses or variances. Upon consideration of the factors listed above, the Board may attach such conditions to the granting of conditional uses and variances as it deems necessary to further the purpose of this Code. Such conditions may include, but not necessarily be limited 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. 6 -4.15 Definitions Unless specifically defined below or in Article 2, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. Base Flood: The flood having one (1) percent chance of being equaled or exceeded in any given year (See 100 -year flood). Basement: Any enclosed area of a structure which has its floor or lowest level below ground level (subgrade) on all sides. Also see "lowest floor." Ordinance No.27 -13 Page 16 Development: Any man -made change to improved or unimproved real estate, including but not limited to buildings or other structures, the storage of equipment or materials, mining, dredging, filling, grading, paving, excavation or drilling operations. Existing Construction: Any structure for which the "start of construction" commenced before the effective date of the first floodplain management regulations adopted by the community on April 16, 1990. May also be referred to as "existing structure." Existing Factory-Built Home Park or Subdivision: A factory-built home park or subdivision for which the construction of facilities for servicing the 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 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. Flood: A general or temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of streams or rivers or from the unusual and rapid runoff of surface waters from any source. Flood Elevation: The elevation floodwaters would reach at a particular site during the occurrence of a specific flood. For instance, the 100 -year flood elevation is the elevation of flood waters related to the occurrence of the 100 -year flood. Flood Insurance Rate Map: The official map prepared as part of (but published separately from) the Flood Insurance Study which delineates both the flood hazard areas and the risk premium zones applicable to the community. Flood Insurance Study: A study initiated, funded and published by the Federal Insurance Administration for the purpose of evaluating in detail the existence and Ordinance No.27 -13 Page 17 severity of flood hazards; providing the City with the necessary information for adopting a flood plain management program and establishing actuarial flood insurance rates. Flood Plain: Any land area susceptible to being inundated by water as a result of a flood. Flood Plain Management: An overall program of corrective and preventive measures for reducing flood damages and promoting the wise use of flood plains, including but not limited to emergency preparedness plans, flood control works, flood - proofing and flood plain management regulations. Floodproofing: Any combination of structure and non - structural additions, changes, or adjustments to structures, including utility and sanitary facilities, which will reduce or eliminate flood damage to such structures. Floodway: The channel of a river or stream, and those portions of the flood plains adjoining the channel, which are reasonably required to carry and discharge flood waters or flood flows so that confinement of flood flows to the floodway area will not result in substantially higher flood levels or flow velocities. Floodway Fringe: Those portions of the flood plain, other than the floodway, which can be filled, leveed, or otherwise obstructed without causing substantially higher flood levels or flow velocities. Historic Structure: Any structure that is: 1. Listed individually in the National Register of Historic Places, maintained by the Department of Interior, or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing of the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by either: (i) an approved state program as determined by the Secretary of the Interior, or (ii) directly by the Secretary of the Interior in states without approved programs. Ordinance No.27 -13 Page 18 Lowest Floor. The floor of the lowest enclosed area in a structure, including a basement, except when all the following criteria are met: 1. The enclosed area is designated to satisfy the provisions of Section 6- 4.11(4); and 2. The enclosed area is unfinished (not carpeted, 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. 5. In cases where the lowest enclosed area satisfies criteria 1, 2, 3, and 4 above, the lowest flood is the floor of the next highest enclosed area that does not satisfy the criteria above. Minor Projects: Small development activities (except for filling, grading and excavating) valued at 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. One Hundred (100) Year Flood: A flood, the magnitude of which has a one (1) percent chance of being equaled or exceeded in any given year or which, on the average, will be equaled or exceeded at least once every one hundred (100) years. Recreational Vehicle: A vehicle which is: 1. Built on a single chassis; 2. Four hundred (400) square feet or less when measured at the largest horizontal projection; Ordinance No 27 -13 Page 19 3. Designed to be self - propelled or permanently towable by a 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 walkways; nor does it include excavation for a basement, footings, piers, or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor,' or other structural part of the building, whether or not that alteration affects the external dimension of the building. Structure: Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, cabins, factory-built homes, storage tanks, and other similar uses. Ordinance No?r -13 Page 20 Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial Improvement: Any improvement to a structure which satisfies either of the following criteria: 1. Any repair, reconstruction, rehabilitation, addition or improvement of a structure, the cost of which would equal or exceed 50 percent of the market value of the structure either (i) before the improvement or repair is started, or (ii) if the structure has been damaged, and was being restored, before the damaged occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration affects the external dimensions of the structure. This term does not, however, include any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe conditions for the existing use. 2. Any addition which increases the original floor area of a building by 25 percent or more. All additions constructed after September 6, 1989 shall be added to any proposed addition in determining whether the total increase in original flood space would exceed 25 percent. Variance: A grant of relief by a community from the terms of the floodplain management regulations as defined in Article 2. Violation: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. Section 2. The foregoing amendment shall take affect upon publication, as provided by law. Passed, approved and adopted this 20th day of M. , 2013. Roy D. ol, Mayor Attest: Trish L. Gleason, CMC, City Clerk CITY OF DUBUQUE, 1011VA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct public hearings at a meeting to commence at 6 :30 p.m. on Ma 20, 2013, in the Historic Federal Building, 350 West 6th Street, on the follow- ing: Rezoning Request by Jon Kluck, 8005 Seippel Court, to rezone existing CS Commercial Service and Wholesale District with conditions to re- duce the north side setback from 50 feet to 20 feet. Text Amendments Request by Premier Bank, 140 W 9th Street, to amend Article 15- 11.10 to ! permit free- standing signs along W 9th St between Iowa & Main Street in a C-4 Downtown Commercial Zoning District Request by the City of Dubuque to amend Section 7 -2 Towers and Antennas of the Unified Development Code to establish timelines for review of applications. Request by the City of Dubuque to amend Section 11 -7(0) Major Subdivisions and Sec - tion 11 -15(H) Streets of the Unified Develop - ment Code to require that street names be included on prelimina- ry plats. Request by the City of Dubuque to amend Section 6 -4 Flood 'Haz- ard Overlay District of the Unified Develop - ment Code. Copies of supporting documents for the pub- lic hearings are on file in the City Clerk's Of- fice and may be viewed during normal working hours. Written comments re- garding the above pub- lic hearings may be submitted to the City Clerk's Office on or be- fore said time of public hearing. At said time and place of public hearings all interested citizens and parties will be given an oppor- tunity to be heard for or against said actions. Any visual or hearing impaired persons needing special assis- tance 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 S. Firnstahl, CMC, City Clerk 5/10 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: May 10, 2013, and for which the charge is $25.75. Subscribed to before me a Notary Public in and for Dubuque County, Iowa, this „./ day of , 20 . Notary Public in and for Dubuque County, Iowa. MARY K. W ESTiwFi,1... Comm;s to 1 N OFFICIAL PUBLICATION ORDINANCE NO. 27-13 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DU- BUQUE CODE OF OR- DINANCES, UNIFIED DEVELOPMENT CODE, BY REPEALING SEC- TION 6-4 FLOOD HAZ- ARD OVERLAY DIS- TRICT AND ENACT- ING A NEW SECTION 6-4 FLOOD HAZARD OVERLAY DISTRICT TO COMPLY WITH NATIONAL FLOOD IN- SURANCE PROGRAM REQUIREMENTS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IO- WA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinan- ces, Unified Develop- ment Code, be amend- ed by repealing Section 6 -4 and enacting a new Section 6 -4 Flood Ha;- ard 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 haz- ard areas. The regula- tions of this Section are designed to: A. Restrict or prohibit uses which are danger- ous to health, safety, or property in times of flooding or cause un- due 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 construc- tion; C. Protect individuals from buying lands which are unsuited for intended purposes be- cause of flood hazard; and D. Assure that eligibil- ity is maintained for property owners in the City to purchase flood insurance in the Na- tional Flood Insurance Program. 6 -4.2 Lands to Which Regulations Apply This section shall ap- ply to all Jands within the jurisdiction of the City shown on the Offi- cial Zoning Map as be- ing within the bounda- ries of the 100 -year floodplain. 6 -4.3 Establishment of Official Floodplain Zon- ing Map The official floodplain 'zoning map, together with all explanatory matter thereon and is hereby adopted by ref- erence and declared to be a part of this Code. The Official Zoning Map bears the signa- ture of the Mayor at- tested by the City Clerk and shall be on file in the office 'of the Plan- ning Services Depart- ment. The Flood Insur- ance Rate Map.(FIRM) for Dubuque County "and incorporated areas, City of Dubuque, Panels 19061CO215E, 0217D, 0220E, 0236E, 0237E, 0238E, 0239E, 0241E, 0330E, 0332E, 0335E, 0351E, 0352E, 0354E, 0358E, dated Oc- tober 18, 2011, and Panels 0242F, 0243F, 0244F, 0356F, 0360F, dated August 19, 2013, which were pre- pared as part of the Flood Insurance Study for Dubuque County, are hereby adopted by reference and declared to be the Official Flood- plain Zoning Map. The flood profiles and all explanatory material contained with the Flood Insurance Study are also declared to be a part of this ordi- nance. 6 -4.4 Rules for Inter- pretation of District Rromda ripe It is not intended by this Code to repeal, ab- rogate or impair any existing easements, covenants, or deed re- strictions. - However, where this Code 'im- poses greater restric- tions, the provisions of this Code shall prevail. All other ordinances in- consistent with this Code are hereby, re- pealed to the extent of the inconsistency only. 6 -4.7 Interpretation In their - interpretation and application, the provisions of this Code shall beheld to be min- imum 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 Lia- bility Disclaimer The degree of flood protection required by this Code is considered reasonable for regula- tory and is based on engineering and scientific methods of study. Larger floods may occur on rare oc- casions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge open- ings restricted by de- bris. 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 em- ployee thereof for any flood damages that re- sult from reliance on this Code or any ad- ministrative decision lawfully made there- under. 6 -4.9 Establishment of Floodplain Overlay Dis- tricts The floodplain areas within the jurisdiction of this Code are hereby divided into the follow- ing districts: A. Floodway Overlay District (FW). Floodway Fringe Overlay District (FF) and General Flood Plain Overlay District (FP). The boundaries are shown on the offi- cial floodplain zoning map. Within these dis- tricts all uses not al- lowed 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 flood - plain zoning map Over- lay 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 indi- cated 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 ap- proximate 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 un- derlying zoning dis- trict) and provided they do not include placement of struc- tures, factory-built homes, fill or other ob- struction, the storage of materials or equip- ment, excavation, or alteration of a water- course. 1. Agricultural uses such as general farm- ing, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farm -. ing, forestry, sod farm- ing, and wild crop har- vesting. 2. Accessory uses of land for industrial / commercial uses such as loading areas, park- ing areas, airport land- ing strips. 3. Private and public recreational uses such as golf courses, tennis courts, ball fields, driv- ing ranges, archery ranges, picnic grounds, transient camping and recreational vehicle fa- cilities, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target rang- es, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails. 4. Residential uses of land curb ac lawns described uses and which are consistent with the general spirit and purposes of this Code. B. Performance stand - ards, All permitted or conditional uses must be consistent with the -need to minimize flood damage and shall meet the following applica- ble performance stand- ards:' 1. No use shall be per- mitted in the Floodway Overlay District that would result in -any in- crease in the one hundred -year flood lev- el. Consideration of the effects of any develop- ment on flood levels shall be based upon the assumption that an equal degree of devel- opment would, be al- lowed for similarly sit- uated lands. 2. All uses within the Floodway Overlay Dis- trict 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 re- sistant to flood 'dam- age. 3. No use shall affect the capacity or convey- ance of the channel or floodway or any tribu- tary to the nfain stream, drainage ditch, or any other drainage facility or system. 4. Structures and san- itary and utility sys- tems, if permitted, shall meet the applica- ble performance stand- ards of the Floodway Fringe Overlay District and shall be construct- ed or aligned to pres- ent the minimum pos- sible resistance 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 materi- als or equipment that are buoyant, flamma- ble, explosive or injuri- ous to human, animal or plant life is prohibit- ed. Storage of other material may be -al- lowed if readily remov- able from the Flood- way District within the time available after flood warning. 7. Watercourse altera- tions or relocations (channel changes and modifications) must be designed to maintain the flood carrying ca- pacity within the al- tered or relocated por- tion. In addition, such alterations or reloca- tions must be ap- proved by the IDNR. 8. Any fill allowed in the floodway must 6e shown to• have some beneficial purpose and shall be limited to the minimum amount nec- essary. 9. Pipeline river or stream crossings. shall be buried in the streambed and banks or otherwise sufficient- ly protected to prevent rupture due to channel degradation and mean- dering or due to the ac- tion 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 permit- ted 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. How - ever, on the Mississippi River or on islands therein, no use will be allowed unless identi- fied as not being a floodway area by the IDNR. In which case, if a floodway area is identified, the provi- sions of the FW Flood- way Overlay District will apply. B. Performance stand- ards. All uses must, be consistent with the need to minimize flood' damage and shall meet the following applica- ble performance stand- ards: 1. All structures shall be: i. Adequately anch- ored to prevent flota- tion, collapse or lateral movement of the struc- ture; 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 sub- stantially 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 "low- est floor" (not includ- ing basements) that aro cuhiprt to flora-lion be certified by a pro- fessional engineer reg- istered in the State of Iowa. . vii. New and substan- tially improved struc- tures must be con - structed with electri- cal, heating, ventila- tion, plumbing, and air conditioning equip- ment and other service facilities that are de- signed and located so as to prevent water from entering or accu- mulating within the components during conditions of flooding. Designs for meeting this requirement must be certified by a pro- fessional engineer reg- istered in the State of Iowa. 3. Residential build- ings. All new or sub- stantially improved residential structures shall have the lowest floor, including 'base- ments, elevated a mini- mum of one foot above the 100 -year flood lev- el. 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 ele- vation at least 18 feet beyond the limits of any structure erected thereon. Alternate methods of elevating (such as piers) may be allowed, subject to fa- vorable consideration by the Zoning Board of Adjustment and issu- ance of a variance, where existing topog- raphy, street grades, or other factors preclude elevating by fill. In such cases, the meth- ods used must be ade- quate to support the structure as well as withstanding the vari- ous forces and hazards associated with flood- ing. All new residential buildings shall be pro- vided 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 low- est 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 utiliz- ed, a professional engi- neer registered in the State of Iowa shall cer- tify that the flood - proofing methods used are adequate to with- stand the flood depths, pressures, velocities, impact and uplift forces and other fac- tors associated with the 100 -year flood; and that the structures, be- low the 100 -year flood level, are watertight with walls substantial- ly impermeable to the passage of water. A re- cord of the certifica- tion indicating the spe- cific elevation (in rela- tion to North American Vertical Datum, 1988) to which any struc- tures 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 subdivi- sions shall be anchored to resist flotation, col - lapse, or lateral move- ment. ii. Factory-built homes including those placed in existing factory-built home parks or subdivi- sions shall be elevated on a permanent foun- dation 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 replace- ment sanitary sewage systems shall be de- signed to minimize and eliminate infiltration of flood waters into the system as well as the discharge of effluent into flood water. Wastewater treatment facilities shall be pro- vided 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 contami- nation from the system during flooding. iii. New or replace- ment water supply sys- tems shall be designed to minimize or elimi- nate 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 ele- vation. iv. Utilities such as gas or eledtrical sys- tpmc shall ho Inratpd 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: May 24, 2013, and for which the charge is $458.34. F4-A Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day of 'M , 20 l3 . v Notary Public in and for Dubuque County, Iowa. s`' 0' MARY K. WESTE?Mi=YER ., -1 . + Commission Number 154 =€:5 ^h .. _ 1.� 'h (� 1 rye^. 0241E, 0330E, 0332E, 0335E, _ 0351E, 0352E, 0354E, 0358E, dated Oc- tober 18, 2011, and Panels 0242F, 0243F, 0244F, 0356F, 0360F, dated August 19, 2013, which were pre- pared as part of the Flood Insurance Study for Dubuque County, are hereby adopted by reference and declared to be the Official Flood - plain Zoning Map. The flood profiles and all explanatory material contained with the Flood Insurance Study are also declared to be a part of this ordi- nance. 6 -4,4 Rules for Inte'r- •pretation of District Boundaries The boundaries of the zoning district,shall be determined by scaling distances on the offi- cial floodplain zoning map. Where interpreta- tion is needed as to the exact location of the boundaries of the dis- trict as shown on the Official Zoning Map, the City Planner shall make the necessary in- terpretation. The per - son contesting the to- cation of the district boundary shall be giv- en a reasonable oppor- tunity to present their case and submit tech- nical evidence. 6-4.5 Compliance No structure or land shall hereafter be used and no structure shall be located; extended, converted or structur- ally altered to cause a substantial improve- ment without full com- pliance with .the-terms - of this Code and other applicablg 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 dam- aged structure be re- paired or rebuilt 6 -4.6 Abrogation and Greater Restrictions cvr,,rr,ercldl uses suCn as loading areas, park- ing areas, airport land- ing strips. 3. Private and public recreational uses such as golf courses, tennis courts, ball fields, driv- ing ranges, archery ranges, picnic grounds, transient camping and recreational vehicle fa- cilities, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target rang- es, 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 per - mitted only upon issu- ance of a conditional use permit by the Zon- ing Board of Adjust- - ment as provided for in Article 8. Such uses must also meet the,ap- plicable provisions of the Floodway District performance stand- ards. 7. Uses or structures accessory to open - space uses. 8. Circuses, carnivals, and similar transient amusement enterpris- 9. Drive -in theaters, new and used car lots, roadside stands, signs, and billboards. 10. Extraction of sands, gravel, and oth- er materials. 11. Marinas, boat .rentals, docks, - piers, wharves. 12. Utility transmis- sion ines, underground pipelines. - 13. Other uses similar in nature to the above I. Adequately anch- ored to prevent flota- tion, collapse or lateral movement of the struc- ture; 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 sub- stantially 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 "low- est floor" (not includ- ing basements) that are subject to flooding shall be designed to automatically "equalize hydrostatic flood forces on exterior walls by allowing for the en- try 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 sub - ject 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 oth- er ,coverings or devices provided they permit the automatic entry and exit of flood- waters. Designs for meeting this requirement must be certified by a pro - fessional-engineer-'reg- - istered in the State of Iowa. vi. New and substan- tially improved 'struc- tures must be ade- quately anchored to prevent flotation, col- lapse, or lateral move- ment of the structure resulting from hydro- dynamic and hydro - static loads, including the effects,of buoyan- cy. Designs for meeting this requirement must 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 contami- nation from the system during flooding. • iii. New or replace- ment water supply sys- tems shall be designed to minimize or elimi- nate 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 ele- vation. iv. Utilities such as gas or electrical sys- tems shall be located and constructed to minimize or elimi,,ate flood damage to the system and the risk•as- sociated with such flood damaged or im- paired systems. v. All such systems shall be certified as meeting these require- ments by a professio- nal engineer registered in the State of Iowa. 7. Storage of materi- als•and equipment that are flammable, explo- sive or injurious to hu- man, animal or plant life is prohibited unless elevated a minimum of one foot above the 100 - year flood level. Other material and equip- ment 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 readi- -ay removable from the area within the time available after flood warning. 8. Flood control struc- tural works such as levees and flood walls shall provide, at a mini- " mum, 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 ap- proved by the IDNR. 9. No use shall affect the capacity or convey- ance of the channel or floodway of any tribu- tary to the main stream, drainage ditch, or other drainage fa- cility or system. 10. Subdivisions (in- cluding factory-built home parks and subdi- visions) shall be con- sistent with the need to minimize flood dam- ages and shall have ad- equate drainage pro- vided to reduce expo- sure to flood damage. Development associat- ed with subdivision proposals shall meet the applicable per- formance standards. Subdivision proposals intended for residential development shall pro- vide all lots with a means of vehicular ac- cess that will remain dry during occurrence of the 100 -year flood. Proposals for subdivi- sions 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 in- surance coverage of the structure and con- tents; however, said detached garages, sheds, and similar ac- cessory type struc- tures are exempt from the 100 -year flood ele- vation requirements, provided: i. The structures shall not be used for human habitation. H. The structure shall be designed to have low flood damage po- tential. iii. The structure shall be constructed and placed on the building site so as to offer mini- mum resistance to the flow of floodwaters. iv. Structures shall be firmly anchored to pre- vent flotation which may result in damage to other structures. v. The structure's service facility such as electrical and heating equipment shall be ele- vated or floodproofed to at least one foot above the 100 -year flood level. vi. All such structures shall be certified as meeting these require- ments by a professio- nal engineer registered in the State of Iowa. 12. Recreational Vehi- cles i. Recreational vehi- cles are exempt from the requirements of Section 6- 4.11(B)(5) of this Ordinance regard- ing anchoring and ele- vation of factory -built homes when the fol- lowing criteria are sat- isfied. a. The recreational ve- hicle shall be located on the site for less than 180 consecutive days, and b. The recreational vehicle must be fully li- censed and ready for highway use. A recrea- tional 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 vehi- cles that are located on the site for more than 180 consecutive days or are not ready for highway use must sat- isfy requirements of Section 6- 4.11(B)(5) of this Ordinance regard- ing anchoring and ele- vation of factory-built homes. 13. Pipeline river and stream crossings shall be buried in the streambed and banks, or otherwise sufficient- ly protected to prevent rupture due to channel degradation and mean- dering. 6 -4.12 FP General Floodplain Overlay Dis- trict A. Permitted uses. The following uses shall be permitted within the FP General Floodplain Overlay Dis- trict 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 ob- struction, the storage of materials or equip- ' ment, excavation, or alteration of a water- course. 1. Agricultural uses such as general farm- ing, pasture, grazing, outdoor plant nurser- ies, horticulture, viti- culture, truck farming, fn reach, enri farminn lowed only upon issu- ance of a conditional use permit by the Zon- ing Board of Adjust- ment All such uses shall be reviewed by the IDNR to determine: (i) whether the land in- volved is either wholly or partly within the floodway or floodway fringe, and (ii) the 100 - year flood level. The applicant, shall be re- sponsible for providing the IDNR with suffi- cient 'technical infor- mation to make the de- termination. C. Performance stand- ards. 1. All conditional uses, or portions thereof, to be located in the flood - way as determined by the IDNR shall meet the applicable provisions and standards of the Floodway Overlay Dis- trict. 2. All conditional uses, or portions thereof, to be located in the flood - way fringe as deter- mined by the IDNR shall meet the applica- ble standards of the Floodway Fringe Over- lay District. 6 -4.13 Floodplain Overlay District Admin- istration A. Appointment, du- ties and . responsibili- ties of City Planner. 1. A City Planner des- ignated by the City Manager shall adminis- ter and enforce this Code and will herein be referred to as the Ad- ministrator. - 2. Duties and respon- sibilities of the Admin- istrator shall include, but not necessarily be limited to, the follow- ing: i. Review all flood - plain development per- mit applications to en- sure that the provi- sions of this Code will be satisfied. ii. Review all flood - plain development per- mit applications to en- sure that all necessary permits have been ob- tained froln federal, state or local govern- mental agencies. Hi. Record and main- tain a record of: (a) the elevation (in relation to North American Verti- cal Datum, 1988) of the lowest floor of all new or substantially im- proved structures, or (b) the elevation to which new or substan -. tially improved struc- tures 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, varian- ces and such other transactions and corre- spondence pertaining to the administration of this Code. vi. Submit to the Fed- eral Insurance Admin- istrator an annual re- port concerning the City's participation in the National Flood In- surance Program, uti- lizing the annual report form supplied by the Federal Insurance Ad- ministrator. vii. Notify the Federal Insurance Administra- tion of any annexations or modifications to the City's boundaries as part of the annual re- port. viii. Review subdivi- sion proposals to en- sure such proposals are consistent with the purpose of this Code and advise the City Council of potential conflicts. B. Floodplain develop- ment permit. 1. Permit required. A floodplain develop- ment permit issued by the Administrator shall be secured prior to ini- tiation of any flood - plain ' development (any manmade change to improved or unim- proved real estate, in- cluding but not limited to buildings or other structures, mining, fill- ing, 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 per- mit Application for a floodplain develop- ment permit shall be made on forms sup- plied by the Adminis- trator and shall include the following informa- tion. i. Description of and plans for the work to be covered by the per- mit for which applica- tion is to be made. ii. Description of the land on which the pro- posed work is to be done (i.e., lot, block, tract, street address or similar description) Thal. , , 11 ran HU,/ ;donfi_ the applicant shall be informed, in writing, Of the specific reasons therefore. The Admin- istrator shall-not issue permits for conditional uses or variances ex- cept as directed by the Zoning Board of Ad- justment 4. As -built certifica- tion. The applicant shall be required, prior to the use or occupan- cy of any structure or development, to sub - mit certification by a professional engineer registered in the State of Iowa that the work authorized by the floodplain develop- ment permit was ac- complished in compli- ance with this Code. Any use, arrangement, or construction in con- flict with that author- ized 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 appli- cations for conditional uses, appeals and var- iances. B. Conditional uses. Requests for condition- al uses shall be submit- ted to the Administra- tor, who shall forward such to the Board for consideration. Such re- quests shall include in- formation 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 er- ror in any order, re- quirement, decision, or determination made by an administrative offi- cial in the enforcement of this Code, the ag- grieved party may ap- peal 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 rea- son for the appeal. The official from whom the appeal is taken shall transmit to the Board all the papers consti- tuting the record upon which the action ap- pealed from was taken. D. Variances. The Board may authorize, upon request in specif- ic cases, such varian- ces from the terms of this Code that will not be contrary to the pub- lic interest, where ow- ing to special condi- tions a literal enforce- ment of the provisions of this Code will result in' unnecessary hard- ship. Variances grant- ed must meet the fol- lowing applicable stan- dards: 1. No variances shall be granted for any de- velopment -within the Floodway Overlay Dis- trict which would re- sult in any increase in the 100 -year level. Con- sideration of the ef- fects of any develop- ment on flood levels shall be based upon the assumption that an equal degree of devel- opment would be al- lowed for similarly sit- uated lands. 2. Variances shall only be granted upon: (i) a showing of good and sufficient cause, (H) a determination that fail- ure to grant the var- iance 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 safe- ty, or extraordinary public expense, create nuisances, or cause fraud on or victimiza- tion of the public. 3. A variance shall on- ly be granted upon a determination that the variance is the mini- mum necessary con- sidering the flood haz-• ard, to afford relief. 4. In cases where the variance involves a lower level of flood protection for struc- tures than what is ordi- narily required by this Code, .the applicant shall be notified in writing over the signa- ture of the Administra- tor that: (i) the issu- ance of a variance will result in increased pre- mium rates for flood insurance, and (ii) such construction increases risks to life and proper- ty. 5. All variances grant- ed shall have the con- currence or approval of the IDNR. E. Board decisions. In passing upon requests for conditional uses and variances, the Board shall consider all relevant factors speci- fied in other sections of this Code and: 1. The' danger to life and property due to in- creased flood heights or velocities caused by encroachments. 2. The danger that ma +nria le me„ ha heights, velocity, dura- tion, rate of rise and sediment transport of the flood water expect- ed 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 con- sideration of the fac- tors listed above, the Board may attach such conditions to the grant- ing 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 lim- ited to: 1. Modification of waste disposal and wa- ter supply facilities; 2. Limitation on peri- ods of use and opera- tion; 3. Imposition of op- erational controls, sureties and deed re- strictions; 4. Requirements for construction of chan- nel modification, dikes, levees, and other pro- tective measures, pro- vided such are ap- proved by the IDNR and are deemed the only practical alterna- tive to achieving the purposes of this Code; 5. Floodproofing measures which shall be designed consistent with the flood protec- tion elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other fac- tors associated with the regulatory flood and that the applicant submit a plan or docu- ment certified by, a professional engineer registered in the State of Iowa that the floodproofing meas- ures are consistent with the regulatory flood protection eleva- tion and associated flood factors for the particular area. 6 -4.15 Definitions Unless specifically de- fined below or in Arti- cle 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 appli- cation. Base Flood: The flood having one (1) percent chance of being equaled or exceeded in any given year (See 100 -year flood). Basement: Any en- closed area of a struc- ture 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 unim- proved real estate, in- cluding but not limited to buildings or other structures, the storage of equipment or mate- rials, mining, dredging, filling, grading, paving, excavation or drilling operations. Existing Construction: Any structure for which the "start of construction" com- menced before the ef- fective date of the first floodplain manage- ment regulations adopted by the com- munity • on April 16, 1990. May also be re- ferred to as "existing structure." Existing. Factory-Built Home Park or Subdivi- sion: A factory-built home park or subdivi- sion for which the con- struction of facilities for servicing the lots on which the factory - built homes are to be affixed (including at a minimum, the installa- tion 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 man - agement regulations adopted by the com- munity on April 16, 1990. Expansion of Existing Factory -Built Home Park or Subdivision: The preparation of ad- ditional sites by the construction of facili- ties for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the in- stallation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Factory-Built Home: Any structure, de- signed for residential use, which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facili- ties for installation or assembly and installa- tion on a building site. For the purpose of this nrri inn nrn fer•nn,_ flood hazard areas and the risk premium zones applicable to the com- munity. Flood Insurance Study: A study initiat- ed, funded and. pub- lished by the Federal Insurance Administra- tion for the purpose of evaluating in detail the existence and severity of flood hazards; pro- viding the City with the necessary information for adopting a flood plain management pro- gram and establishing actuarial flood insur- ance rates. Flood Plain: Any land area susceptible to be- ing inundated by water as a result of a flood. Flood Plain Manage- ment: An overall pro- gram of corrective and preventive measures for reducing flood damages and promot- ing the ° wise use of . flood plains, including but not limited to emergency prepared- ness plans, flood con - trol works, flood - proofing and flood plain management reg- ulations. Floodproofing: Any combination of struc- ture and non - structural additions, changes, or adjustments to struc- tures, including utility and sanitary facilities, which will reduce or eliminate flood dam- age to such structures. Floodway: The chan- nel of a river or stream, and those portions of the flood plains adjoin- ing the channel, which are reasonably re- quired to carry and dis- charge flood waters or flood flows so that con- finement of flood flows to the floodway area will not result in sub- stantially higher flood levels or flow veloci- ties. 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 veloci- ties. Historic Structure: Any structure that is: 1. Listed individually in the National Register of Historic Places, maintained by the De- partment of Interior, or preliminarily deter- mined by the Secretary of the Interior as meet- ing the requirements for individual listing of the National Register; 2. Certified or prelimi- narily determined by the Secretary of the In- terior as contributing to the historical signifi- cance of a registered historic district or a district preliminarily determined by the Sec- retary to qualify as a registered historic dis- trict; 3. Individually listed on a state inventory of historic places in states with 'historic preservation programs which have been ap- proved by the Secreta- ry of the Interior; or 4. Individually listed on a local inventory of historic places in com- munities with historic preservation programs that have been certi- fied by either: (i) an approved state pro- gram as determined by the Secretary of the In- terior, or (ii) directly by the Secretary of the In- terior in states without approved programs. Lowest Floor: The floor of the lowest en- closed area in a struc- ture, including a base- ment, except when all the following criteria are met: 1. The enclosed area is designated to satisfy the provisions of Sec- tion 6- 4.11(4); and 2. The enclosed area is unfinished (not car- peted, drywalled, etc.) and used solely for low damage potential uses such as building ac- cess, parking or stor- age; and 3. Machinery and service facilities (e.g., hot water heater, fur- nace, electrical serv- ice) contained in the enclosed area are lo- cated at least one (1) food above the 100 - year flood level; and 4. The enclosed area is not a "basement" as defined in this section. 5. In cases where the lowest enclosed area satisfies criteria 1, 2, 3, and 4 above, the low- est flood is the floor of the next highest en- closed 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 de- velopment for which the start of construc- tion commenced on or after the effective date of the Flood Insurance Rate Map (September 6, 1989). New Factory - Built Home Park or Subdivi- sion: A factory-built home -park or subdivi- sion for which the con- struction of facilities for servicing the lots on which the factory- built homes are to be affixed (including at a minimum, the installa- tion 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 regula- tions adopted by the community on April 16, 1990. One Hundred (100) Year Flood: A flood, the magnitude of which has a one (1) percent chance of being equaled or exceeded in any given year or which, on the average, will be equaled or ex- ceeded 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 pro- jection; 3. Designed to be self - propelled or perma- nently towable by a light duty truck; and 4. Designed primarily not for use as a perma- nent dwelling but as a temporary living quar- ters 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 gen- eral improvement of the structure or repair of a damaged struc- ture. Such repairs in- clude: 1. Normal mainte- nance of structures such as re- roofing, re- placing roofing tiles and replacing siding; 2. Exterior and interior painting, papering, til- ing, carpeting, cabi- nets, counter tops add similar finish work; 3. Basement sealing;. 4. Repairing or replac- ing damaged or broken window panes; 5. Repairing plumbing systems, electrical sys- tems, 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 commu- nity's Flood Insurance Rate Map. Start of Construction: Includes substantial improvement, and means the date the de- velopment permit was issued, provided the actual start of con- struction, repair, re- construction, rehabili- tation, addition, place- ment, or other im- provement, was within 180 days of the permit date. The actual start means either the first placement or perma- nent construction of a structure on a site, such as pouring of a . slab or footings, the in- stallation of pile, the construction of col- umns, or any work be- yond the stage of exca- vation; or the place- ment 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 in- clude the installation of streets and /or walk- ways; nor does it in- clude excavation for a basement, footings, piers, or foundations, or the erection of tem- porary forms; nor does it include the installa- tion on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main struc- ture. For a substantial improvement, the ac- tual start of construc- tion means the first al- teration of any ;wall, ceiling, floor, or other structural part of the building, whether or not that alteration af- fects the external di- mension of the build- ing. Structure: Anything constructed or erected on the ground or at- tached to the ground, including, but not limit- ed to, buildings, facto- ries, sheds, cabins, factory-built homes, storage tanks, and oth- er similar uses. Substantial Damage: Damage of any origin sustained • by a struc- ture whereby the cost of restoring the struc- ture to its before dam- aged condition would equal or exceed 50-per- cent of the market val- ue of the structure be- fore the damage occur- red. Substantial Improve- ment: Any improve- ment to a structure which satisfies either of the following crite- ria: 1. Any repair, recon- struction, rehabilita- tion, addition or im- provement of a struc- ture, the cost of which would equal or exceed 50 percent of the mar- ket value of the struc- ture either (i) before the improvement or re- pair is started, or (ii) if the structure has been damaged, and was be- ing restored, before the damaged occurred. For the purposes of this definition, "sub- stantial improvement" is considered to occur when the first altera- tion affects the exter- nal dimensions of the structure. This term does not, however, in- clude any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifi- cations which are sole- ly 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 construct- ed after September 6, 1989 shall be added to any proposed addition in determining whether the total increase in original flood space would exceed 25 per- cent. Variance: A grant of relief by a community from the terms of the floodplain manage- ment . regulations as - defined in Article 2. Violation: The failure of a structure or other development to be fully compliant with the community's flood - plain management reg- ulations. Section 2. The forego- ing amendment shall take affect upon publi- cation, as provided by law. Passed, approved and adopted this 20th day of May, 2013. /s /Roy D. Buol, Mayor Attest: /s/Trish L: Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of May, 2013. /s /Kevin S. Firnstahl, City Clerk It 5/24 within the FP General Floodplain Overlay Dis- trict 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 ob- struction, the storage of materials or equip- ment, excavation, or alteration of a water- course. 1. Agricultural uses such as general farm- ing,, pasture, grazing, outdoor plant nurser- ies, horticulture, viti- culture, truck farming, forestry, sod farming, and wild crop harvest- ing. 2. Accessory uses of land for industrial/ commercial uses such as loading areas, park- ing areas, airport land- ing strips. 3. Private and public recreation uses such as golf courses, tennis courts, ball fields, driv- ing ranges, archery ranges, picnic grounds, transient camping and recreational vehicle fa- cilities, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, ' fish hatcheries, shooting preserves, target rang - es, 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 struc- tures, factory-built homes, fill or other obstructions, the stor- age of materials or equipment, excavation or alteration of a wa- tercourse may be al- a, FIlilyc aim General Floodplain Overlay Districts. 2. Application for per- mit. Application for a floodplain develop- ment permit shall be made on forms sup - plied by the Adminis- trator and shall include the following informa- tion. i. Description of and plans for the work to be covered by the per- mit for which applica- tion is to be made.. H. Description of the land on which the pro- posed work is to be done (i.e„ lot, block, tract, street address or similar description) that will readily identi- fy 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' rela- tion to North American Vertical Datum, 1988) of the lowest floor (in- cluding basement) of the structure or of the level to which a struc- ture is to be floodproofed. vi. For structures be- ing improved or rebuilt, the estimated cost of improvements and market value of the structure prior to the improvements. vii. All certification by a professional engi- neer registered in the. State of Iowa as re- quired by this Code. viii. Such other infor- mation as the Adminis- trator deems reasona- bly necessary for the purpose of this Code. 3. Action for permit application. The Ad- ministrator shall make a determination as to whether the proposed floodplain . develop- ment meets the appli- cable provisions and standards of this Code and shall approve or disapprove the applica- tion. For disapprovals, I 0.1CJ IVI ,IVVU insurance, and (ii) such _.construction _increases risks to life and proper - 5. All variances grant- ed shall have the con- currence or approval of the IDNR. E. Board decisions. In passing upon requests for conditional uses and variances, the Board shall consider all relevant factors speci- fied in other sections of this Code and: - 1. The danger to life and property due to in- creased 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, con- tamination and unsani- tary conditions. 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual own- er. 5. The importance of the services provided by the proposed facili- tyto 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 an- ticipated in the fore- 'seeable future. 9. The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area. 10. The safety of ac- cess to the property in times of flood for ordi- nary and emergency vehicles. 11. The expected • LICJ IVY SCI VIUI,Iy Lilt 15 1101 a UdseF1lellL N 11IIIfig, nor Goes IT in- lots on which the defined in this section. elude the installation _factory-built homes are 5. In cases where the of streets and /or walk - to be affixed (including I at a minimum, the in- ' stallation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Factory-Built Home: Any structure, de- signed for residential use, which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facili- ties for installation or assembly and installa- tion on a building site. For the purpose of this ordinance, factory- built homes include mobile homes, manu- factured homes and modular homes and al- so include park trailers, travel trailers and oth- er similar vehicles placed on a site for greater than 180 con- secutive days. Factory-Built Home Park: A parcel or con- tiguous parcels of land divided into two or more factory-built home lots for rent or sale. Flood: A general or temporary condition of partial or complete in- undation of . normally dry land areas result- ing 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 par- ticular site during the occurrence of a specif- ic flood. For instance, the 100 -year flood ele- vation is the elevation of flood' waters related to the .;occurrence of the 100- yearflood. Flood Insurance Rate Map: The official map prepared as part of (but published sepa- rately from) the Flood Insurance Study which delineates both the