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
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['Limited Setback Waiver
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Dubuque
uamwcn
1111.
2012
PLANNING APPLICATION FORM
❑Preliminary Plat
❑Major Final Plat
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City of Dubuque
Planning Services Department
Dubuque, IA 52001 -4805
Phone: 563 -589 -4210
Fax: 563 -589 -4221
planning ancitvofdubuaue.org
❑ Certificate of Appropriateness
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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