(A) Legal authority. Iowa Code Ch. 364 grants cities the authority, except as expressly limited by the constitution and if not inconsistent with the laws of the general assembly, to exercise any power and perform any function it deems appropriate to protect and preserve the rights, privileges, and property of the city or of its residents, and to preserve and improve the peace, safety, health, welfare, comfort, and convenience of its residents.
(B) Findings of fact.
(1) The flood hazard areas of Clinton are subject to periodic inundation which can result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the peace, safety, health, welfare, comfort, and convenience of its residents.
(2) These flood losses, hazards, and related adverse effects are caused by:
(a) The occupancy of flood hazard areas by uses vulnerable to flood damages which create hazardous conditions as a result of being inadequately elevated or otherwise unprotected from flooding, and
(b) The cumulative effect of obstructions on the floodplain causing increases in flood heights and velocities.
(3) This chapter relies upon engineering methodology for analyzing flood hazards which includes the extensive study on flood drainage undertaken by the city. This approach is consistent with the standards established by the Iowa Department of Natural Resources.
(C) Purpose. It is the purpose of this chapter to protect and preserve the rights, privileges and property of the city and its residents and to preserve and improve the peace, safety, health, welfare and comfort and convenience of its residents by minimizing flood losses with provisions designed to:
(1) Reserve area. Reserve sufficient floodplain area for the conveyance of flood flows so that flood heights and velocities will not be increased substantially;
(2) Restrict use. Restrict or prohibit uses which are dangerous to health, safety or property in times of flood or which cause excessive increases in flood heights or velocities;
(3) Vulnerable uses protected. Require that uses vulnerable to floods, including public facilities which serve the uses, be protected against flood damage at the time of initial construction or substantial improvement;
(4) Unsuitable land purchases. Protect individuals from buying lands which may not be suited for intended purposes because of flood hazard; and
(5) Flood insurance. Assure that eligibility is maintained for property owners in the community to purchase flood insurance through the National Flood Insurance Program.
(Ord. 2539, passed 7-12-2016)