1. Statement of Intent. It is the purpose of this chapter to promote the public health, safety, and general welfare by minimizing flood losses and secure safety from flooding and to provide the following:
A. Reserve sufficient flood hazard areas for the conveyance of flood flows so that flood heights and velocities will not be increased substantially.
B. 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.
C. Require that uses vulnerable to floods, including public utilities which serve such uses, be protected against flood damage at the time of initial construction.
D. Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard.
E. Assure that eligibility is maintained for property owners in the community to purchase flood insurance through the National Flood Insurance Program.
2. Statutory Authorization and Findings of Fact.
A. Statutory Authorization. The Legislature of the State of Iowa has in Chapter 414, Code of Iowa, delegated the responsibility to cities to enact zoning regulations to secure safety from flood and to promote health and general welfare.
B. Findings of Fact.
1. The flood hazard areas of the City of Norwalk are subject to periodic inundation which can result in loss of life, property, and health; safety hazards; disruption of commerce and governmental services; extra-ordinary public expenditures for flood protection and relief; and impairment of the tax base; all of which adversely affect the health, safety, and general welfare of the community.
2. These losses, hazards, and related effects are caused by: (i) 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 protected from flood; and (ii) the cumulative effect of flood plain construction on flood flows, which causes increases in flood heights and flood water velocities.
3. This section relies upon engineering methodology for analyzing flood hazards which is consistent with the standards established by the Iowa Department of Natural Resources.
3. General Provisions.
A. Rules for Interpretation of District Boundaries. The boundaries of the district shall be determined by scaling distances on the Official 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 Zoning Administrator shall make the necessary interpretation with the use of available topographic information and projected flood elevations. The person contesting the location of the district boundary shall be given a reasonable opportunity to present their case and submit technical evidence to the Zoning Administrator subject to the right of appeal to the Norwalk Board of Adjustment.
B. Establishment of Official Floodplain Zoning Map. The Flood Insurance Rate Map (FIRM) for Warren County and incorporated areas, City of Norwalk, Panels 1918C0039G, 0043G, 0044G, 0126G, 0127G, 0129G, 0132G, 0133G, dated November 16, 2018, which were prepared as part of the Flood Insurance Study for Warren 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. (Ord. 18-20 – May 19 Supp.)
C. 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.
D. Lands to Which Ordinance Applies. The provisions of this ordinance shall apply to all lands within the jurisdiction of the City of Norwalk shown on the Official Floodplain Zoning Map as being within the boundaries of the Floodway, Floodway Fringe, General Floodplain and Shallow Flooding (Overlay) Districts, as established in Section 175B.22.
E. 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.
F. 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 provisions of this chapter shall prevail.
G. Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall not be deemed a limitation or repeal of any other powers granted by State statutes.
H. Warning and Disclaimer of Liability. The City, by adoption of this ordinance, does not warrant or imply to the public or any individual that compliance with this chapter will protect the public or any individual from injury, property damage, or death as result of flood, flood heights, or a consequence of water velocity or intensity accompanying any flooding. This section does not create any cause of action, right, or entitlement in the public generally or any individual whether that individual is a person, firm, corporation, or other entity. Neither the City of Norwalk nor any of its officers, officials, or employees shall have any liability to anyone for any claim, injury, property damage, death, or any claim connected therewith based upon any provisions of this section.
4. Administration of Flood Hazard Area Overlay Zoning District Regulations.
A. Duties and Responsibilities of Zoning Administrator Concerning Flood Hazard Area Overlay Zoning Districts.
(1) Duties and responsibilities of the Zoning Administrator shall include, but not necessarily be limited to, the following:
a. Review all flood plain development permit applications to insure that the provisions of this section will be satisfied.
b. Review all flood plain development permit applications to insure that all necessary permits have been obtained from federal, state, or local governmental agencies.
c. Record and maintain a record of: (i) the elevation (in relation to North American Vertical Datum) of the lowest floor of all new or substantially improved buildings; or (ii) the elevation to which new or substantially improved structures have been flood proofed.
d. Notify the Iowa 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, special use permits and such other transactions and correspondence pertaining to the administration of this chapter.
f. Submit an annual report form supplied by the Federal Insurance Administration to the Federal Insurance Administrator concerning the community's participation.
g. Notify the Federal Insurance Administration of any annexations or modifications to the community’s boundaries.
h. Review subdivision and site plan proposals to insure such proposals are consistent with the purpose of this section and advise the Planning and Zoning Commission and the City Council of potential conflicts.
i. Prepare, keep on file, and furnish each applicant a current list of documents and publications currently utilized to determine compliance with this section and governmental agencies that may be used as an aid to interpret that agency's requirements.
B. Flood Plain Development Permit.
(1) Permit Required. A Flood Plain Development Permit issued by the Zoning Administrator shall be secured prior to initiation of any flood plain development (any man-made 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.
(2) Application for Permit. Application for a Flood Plain Development Permit shall be made on forms supplied by the Zoning Administrator and shall include the following information:
a. Description of the work to be covered by the permit for which application is to be made.
b. Description of the land on which the proposed work is to be done (i.e., lot, block, tract, street address, or similar legal description) that will readily identify and locate the work to be done.
c. Identification of the use or occupancy for which the proposed work is intended.
d. Elevation of the one hundred (100) year flood.
e. Elevation (in relation to National Geodetic Vertical Datum) of the lowest floor (including basement) of buildings or of the level to which a building is to be flood proofed.
(3) Action for Permit Application. The Zoning Administrator shall, within a reasonable time, make a determination as to whether the proposed flood plain development meets the applicable provisions and standards of this chapter and shall approve or disapprove the application. For disapprovals the applicant shall be informed, in writing, of the specific reasons therefore and shall have the right to appeal to the Norwalk Board of Adjustment. The Zoning Administrator shall not issue permits for uses or variances except as directed by the Norwalk Board of Adjustment.
(4) Construction and Use to be as Provided in Application and Plan. Flood Plain Development Permits issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Ordinance and shall be punishable as provided in this Code of Ordinances. The applicant shall be required to submit certification by professional engineer or land surveyor, as appropriate, registered in the State of Iowa, that finished fill, building floor elevations, floodproofing, or other flood protection measures were accomplished in compliance with the provisions of this chapter, and the plans submitted for variance or Zoning Administrator’s approval, prior to the building permit, use or occupancy of any structure or land.
C. Board of Adjustment Variances. The Norwalk Board of Adjustment may authorize upon request in specific cases such variance from the terms of this chapter that will not be contrary to the public interest, where owing to special conditions a literal enforcement of this chapter will result in exceptional hardship. Variances granted must meet the following applicable standards:
(1) No variance shall be granted for any development within the Floodway District which would result in any increase in the one hundred (100) year level. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands.
(2) Variances shall only be granted upon: (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) a determination that the granting of the variance will not result in increased flood heights; additional threats to public safety or extraordinary public expense; create nuisances; or cause fraud on or victimization of the public.
(3) 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 buildings than what is ordinarily required by this section, the applicant shall be notified in writing over the signature of the Zoning 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 approved by the Norwalk Board of Adjustment shall be submitted for approval to the Iowa Department of Natural Resources for approval and such approval of the variance by the Norwalk Board of Adjustment shall not be valid until State approval is obtained.
(6) After the Norwalk Board of Adjustment has granted approval of a variance, the applicant shall have one (1) year in which to initiate and file for approval with the Iowa Department of Natural Resources.
(7) After approval by the Iowa Department of Natural Resources of the variance, the applicant must implement the development variance within one (1) year of the variance or the approval of the Norwalk Board of Adjustment is null and void and has no further force and effect.
D. Factors Upon Which the Decision of the Board Shall Be Based. In passing upon applications for special uses or requests for variances, the Board shall consider all relevant factors specified in other sections of this ordinance:
(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 onto 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 flood plain 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.
(9) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area.
(10) The safety of access to the property in time 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 chapter.
E. Conditions Attached to Variances. Upon consideration of the factors listed above, the Board may attach such conditions to the granting of special uses or variances as it deems necessary to further the purpose of this chapter. 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 operation controls, sureties, and deed restrictions.
(4) Requirements for construction of channel modification, dikes, levees, and other protective measures, provided such are approved by the Iowa Department of Natural Resources and are deemed the only practical alternative to achieving the purposes of this chapter.
(5) Flood proofing measures 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. The Norwalk Board of Adjustment shall require that the applicant submit a plan or document certified by a registered professional engineer that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.
(6) Flood proofing measures may include, but are not necessarily limited to the following:
a. Anchorage to resist flotation and lateral movement.
b. Installation of watertight doors, bulkheads and shutters, or similar methods of construction.
c. Reinforcement of walls to resist water pressures.
d. Use of paints, membranes, or mortars to reduce seepage of water through walls.
e. Addition of mass or weight structures to resist flotation.
f. Installation of pumps to lower water levels in structures.
g. Construction of water supply and waste treatment systems so as to prevent the entrance of flood waters.
h. Pumping facilities or comparable practices for subsurface drainage systems for building to relieve external foundation wall and basement flood pressures.
i. Construction to resist rupture or collapse caused by water pressure or floating debris.
j. Installation of valves or controls or sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and storm waters into the buildings or structures.
k. Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to flooding.