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1. Lands to Which Chapter Applies. The provisions of this chapter shall apply to all lands within the jurisdiction of the City which are shown on the Official Flood Plain Zoning Map as being within the boundaries of the Floodway, Floodway Fringe, General Flood Plain, and Shallow Flooding Districts.
2. Establishment of Official Flood Plain Zoning Map. The Flood Insurance Rate Map for Linn County and Incorporated Areas, City of Ely, Panels 19113C0438D, 0439D, 0551D, 0552D, dated April 5, 2010, which were prepared as part of the Flood Insurance Study for Linn County are hereby adopted by reference and declared to be the Official Flood Plain Zoning Map. The flood profiles and all explanatory material contained within the Flood Insurance Study and Flood Insurance Rate Map are also declared to be a part of this chapter.
3. Rules for Interpretation of District Boundaries. The boundaries of the zoning district shall be determined by scaling distances on the Official Flood Plain 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 Mayor 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.
4. Compliance. No structure or land shall hereafter be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations which apply to uses within the jurisdiction of this chapter.
5. Abrogation and Greater Restrictions. It is not intended by this chapter to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provision of this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
6. Interpretation. In their interpretation and application, the provisions of this chapter 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.
7. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter 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 man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter 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 chapter shall not create liability on the part of Ely or any officer or employee thereof for any flood damages from reliance on this chapter or any administrative decision lawfully made thereunder.
8. Severability. If any section, clause, provision or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
The areas within the jurisdictions of this chapter are hereby divided into the following districts:
1. Floodway District (FW),
2. Floodway Fringe District (FF), and
3. General Flood Plain District (FP).
The boundaries are shown on the Official Flood Plain Zoning Map. Within these districts all uses not allowed as Permitted Uses or permissible as Conditional Uses are prohibited unless a variance to the terms of this chapter is granted after due consideration by the Board of Adjustment.
1. Permitted Uses. The following uses shall be permitted within the Floodway 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 material or equipment, excavation, or alteration of a watercourse.
A. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming and wild crop harvesting.
B. Industrial-commercial uses such as loading areas, parking areas, airport landing strips.
C. Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, 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.
D. Residential uses such as lawns, gardens, parking areas and play areas.
E. Such other open-space uses similar in nature to the above uses.
2. Conditional Uses. The following uses which involve structures (temporary or permanent), fill, storage of materials or equipment may be permitted only upon issuance of a Conditional Use Permit by the Board of Adjustment. Such uses must also meet the applicable provisions of the Floodway District Performance Standards.
A. Uses or structures accessory to open-space uses.
B. Circuses, carnivals, and similar transient amusement enterprises.
C. Drive-in theaters, new and used car lots, roadside stands, signs, and billboards.
D. Extraction of sand, gravel, and other materials.
E. Marinas, boat rentals, docks, piers and wharves.
F. Utility transmission lines and underground pipelines.
G. Other uses similar in nature to uses described in subsection 1 and this subsection which are consistent with the provisions of subsection 3 of this section and the general spirit and purpose of this chapter.
3. Performance Standards. All Floodway District uses allowed as a permitted or conditional use shall meet the following standards.
A. No use shall be permitted in the Floodway District which would result in any increase in the 100-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.
B. All uses within the Floodway District shall:
(1) Be consistent with the need to minimize flood damage.
(2) Use construction methods and practices that will minimize flood damage.
(3) Use construction materials and utility equipment that are resistant to flood damage.
C. No use shall affect the capacity or conveyance of the channel or floodway of any tributary to the main stream, drainage ditch or any other drainage facility or system.
D. Structures, buildings, and sanitary and utility systems, if permitted, shall meet the applicable performance standards of the Floodway Fringe District and shall be constructed or aligned to present the minimum possible resistance to flood flows.
E. Buildings, if permitted, shall have low flood damage potential and shall not be for human habitation.
F. 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.
G. 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 Department of Natural Resources.
H. Any fill allowed in the floodway must be shown to have some beneficial purpose and shall be limited to the minimum amount necessary.
I. 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.
1. Permitted Uses. All uses within the Floodway Fringe District shall be permitted to the extent they are not prohibited by any other ordinance (or underlying zoning district) and provided they meet applicable performance standards of the Floodway Fringe District.
2. Performance Standards.
A. All structures shall:
(1) Be adequately anchored to prevent floatation, collapse, or lateral movement of the structure,
(2) Be constructed with materials and utility equipment resistant to flood damage, and
(3) Be constructed by methods and practices that minimize flood damage.
B. Residential Buildings. All new or substantially improved residential structures shall have the lowest floor, including basements, elevated at 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 Board of Adjustment and issuance of a Conditional Use Permit, 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.
C. All new or substantially improved residential structures nonresidential buildings shall have the lowest floor (including basement) elevated at a minimum of one foot above the 100-year flood level, or together with attendant utility and sanitary systems, be flood proofed to such a level. When flood proofing is utilized, a professional engineer registered in the State of Iowa shall certify that the flood proofing 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 structure, below the 100-year flood level, is water tight 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 flood proofed shall be maintained by the Zoning Administrator.
D. All New and Substantially Improved Structures.
(1) Fully enclosed areas below the lowest floor (not including basements) which 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. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following minimum criteria:
a. 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.
b. The bottom of all openings shall be no higher than one foot above grade.
c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic entry and exit of floodwaters.
d. All such areas shall be used solely for parking of vehicles, building access and low damage potential storage.
(2) New and substantially improved structures must be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(3) 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/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
E. Factory-Built Homes.
(1) Factory-built homes including those placed in existing factory-built home parks or subdivisions shall be anchored to prevent floatation, collapse, or lateral movement.
(2) 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.
F. Utility and Sanitary Systems.
(1) All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters. Wastewater treatment facilities (other than on-site systems) shall be provided with a level of flood protection equal to or greater than one foot above the 100-year flood elevation.
(2) On site waste disposal systems shall be located or designed to avoid impairment to the system or contamination from the system during flooding.
(3) New or replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. Water supply treatment facilities (other than on-site systems) shall be provided with a level of protection equal to or greater than one foot above the 100-year flood elevation.
(4) 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.
G. 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 materials and equipment must either be similarly elevated or:
a. Not be subject to major flood damage and be anchored to prevent movement due to flood waters, or
b. Be readily removable from the area within the time available after flood warning.
H. Flood control structural works such as levees, flood walls, etc. shall provide, at a minimum, protection from a 100-year flood with a minimum of three feet design freeboard and shall provide for adequate interior drainage. In addition, structural flood control works shall be approved by the Department of Natural Resources.
I. 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. In addition, any request to alter or relocate a watercourse must be approved by the Department of Natural Resources prior to consideration of approval by Ely.
J. 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 acres or 50 lots (whichever is less) shall include 100-year flood elevation data for those areas location within the Flood Plain (overlay) District.
K. Accessory Structures to Residential Uses.
(1) Detached garages, sheds, and similar structures that are incidental to a residential use are exempt from the base flood elevation requirements where the following criteria are satisfied.
a. The structure shall be designed to have low flood damage potential. Its size shall not exceed 600 square feet in size. Those portions of the structure located less than one foot above the BFE must be constructed of flood-resistant materials.
b. The structure shall be used solely for low flood damage potential purposes such as vehicle parking and limited storage. The structure shall not be used for human habitation.
c. The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters.
d. The structure shall be firmly anchored to resist flotation, collapse and lateral movement.
e. The structure’s service facilities such as electrical and heating equipment shall be elevated or floodproofed to at least one foot above the base flood elevation.
f. The structure’s walls shall include openings that satisfy the provisions of paragraph (D)(1) of this subsection.
(2) Exemption from the 100-year flood elevation requirements for such a structure may result in increased premium rates for flood insurance coverage of the structure and its contents.
L. Require that recreational vehicles placed on sites within the identified special flood hazard areas on the community’s official map either:
(1) Be on the site for fewer than 180 consecutive days,
(2) Be fully licensed and ready for highway use, or
(3) Meet the permit requirements and the elevation and anchoring requirements for “manufactured homes” of this chapter.
A recreational vehicle is ready for highway use if it is on its wheels or jacking system is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
M. 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.
1. Permitted Uses. The following uses shall be permitted within the General Flood Plain 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.
A. Agricultural uses such as farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting.
B. Industrial-commercial uses such as loading areas, parking areas, and airport landing strips.
C. Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, 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.
D. Residential uses such as lawns, gardens, parking areas, and play areas.
2. Conditional Uses. Any use which involves 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 upon issuance of a Conditional Use Permit by the Board of Adjustment. All such uses shall be reviewed by the Department of Natural Resources to determine:
A. Whether the land involved is either wholly or partly within the floodway or floodway fringe, and
B. The 100-year flood level.
3. Performance Standards. All Floodway District uses allowed as a Permitted or Conditional Use shall meet the following standards:
A. All conditional uses, or portions thereof, to be located in the floodway as determined by the Department of Natural Resources shall meet the applicable provisions and standards of the Floodway (Overlay) District.
B. All conditional uses, or portions thereof, to be located in the floodway fringe as determined by the Department of Natural Resources shall meet the applicable provisions and standards of the Floodway (Overlay) District.
1. The Zoning Administrator designated by the City Council shall administer and enforce this chapter 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:
A. Review all flood plain development permit applications to assure that the provisions of this chapter will be satisfied.
B. Review flood plain development applications to assure that all necessary permits have been obtained from federal, state and local governmental agencies.
C. Record and maintain a record of the elevation (in relation to North American Vertical Datum 1988) of the lowest floor (including basements) of all new or substantially improved buildings or the elevation to which new or substantially improved structures have been flood proofed.
D. Notify adjacent communities/counties and the Department of Natural Resources prior to any proposed alteration or relocation of a watercourse and submit evidence of such notifications to the Federal Insurance Administrator.
E. Keep a record of all permits, appeals, variances, and such other transactions and correspondence pertaining to the administration of this Ordinance.
F. Submit to the Federal Insurance Administrator an annual report concerning the community’s participation, utilizing the annual report form supplied by the Federal Insurance Administrator.
G. Notify the Federal Insurance Administration of any annexations or modifications to the community’s boundaries.
H. Review subdivision proposals to insure such proposals are consistent with the purpose of this ordinance and advise the City Council of potential conflicts.
A flood plain development permit issued by the Administrator shall be secured prior to any flood plain development (any manmade change to improved and 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.
Application shall be made on forms furnished by the Administrator and shall include the following:
1. Description of the work to be covered by the permit for which application is to be made.
2. 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.
3. Identification of the use or occupancy for which the proposed work is intended.
4. Elevation of the 100-year flood.
5. Elevation (in relation to North American Vertical Datum 1988) of the lowest floor (including basement) of buildings or of the level to which a building is to be flood proofed.
6. For buildings being improved or rebuilt, the estimated cost of improvements and market value of the building prior to the improvements.
7. Such other information as the Administrator deems reasonably necessary for the purpose of this chapter.
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