Loading...
(A) Lands to which chapter applies. The provisions of this chapter shall apply to all lands within the jurisdiction of the city which are located within the boundaries of the Floodplain (Overlay) District as established in § 18.05.
(B) Establishment of Official Floodplain Zoning Map. The Flood Insurance Rate Map (FIRM) for the county and incorporated areas of the city, panels 19157C0300B, dated May 19, 2014, which were prepared as part of the Flood Insurance Study for the county is (are) hereby adopted by reference and declared to be the Official Floodplain Zoning Map. The County Flood Insurance Study is hereby adopted by reference and is made a part of this chapter for the purpose of administering floodplain management regulations.
(C) Rules for interpretation of Floodplain (Overlay) District. The boundaries of the Floodplain (Overlay) District areas shall be determined by scaling distances on the Official Flood Insurance Rate Map. When an interpretation is needed as to the exact location of a boundary, the Mayor shall make the necessary interpretation. The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Mayor in the enforcement or administration of this chapter.
(D) 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.
(E) 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 All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
(F) 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.
(G) Warning and disclaimer of liability.
(1) The standards required by this chapter are considered reasonable for regulatory purposes. This chapter does not imply that areas outside the designated Floodplain (Overlay) District areas will be free from flooding or flood damages.
(2) This chapter 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 chapter or any administrative decision lawfully made thereunder.
(H) 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.
(Res. 1211223, passed 12-12-2023)
(A) Appointment, duties and responsibilities of local official.
(1) The Mayor is hereby appointed to implement and administer the provisions of 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 floodplain development permit applications to assure that the provisions of this chapter will be satisfied;
(b) Review floodplain development applications to assure that all necessary permits have been obtained from federal, state and local governmental agencies including approval when required from the Department of Natural Resources for floodplain construction;
(c) Record and maintain a record of:
1. The elevation (in relation to North American Vertical Datum 1988) of the lowest floor (including basement) of all new or substantially improved structures; or
2. 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 Emergency Management Agency;
(e) Keep a record of all permits, appeals and such other transactions and correspondence pertaining to the administration of this chapter;
(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 Administrator of any annexations or modifications to the community’s boundaries;
(h) Review subdivision proposals to ensure such proposals are consistent with the purpose of this chapter and advise the Board of Adjustment of potential conflict;
(i) 1. Maintain the accuracy of the community’s Flood Insurance Rate Maps when:
a. Development placed within the floodway results in any of the following:
i. An increase in the base flood elevations; or
ii. Alteration to the floodway boundary.
b. Development placed in Zones A, AE, AH and A1-30 that does not include a designated floodway that will cause a rise of more than one foot in the base elevation; or
c. Development relocates or alters the channel.
2. Within six months of the completion of the development, the applicant shall submit to FEMA all scientific and technical data necessary for a letter of map revision.
(j) Perform site inspections to ensure compliance with the standards of this chapter; and
(k) Forward all requests for variances to the Board of Adjustment for consideration, and ensure all requests include the information ordinarily submitted with applications as well as any additional information deemed necessary to the Board of Adjustment.
(B) Floodplain development permit.
(1) Permit required. A floodplain development permit issued by the Administrator shall be secured prior to any floodplain development (any human-made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, filling, grading, paving, storage of materials and equipment, or excavation or drilling operations), including the placement of factory-built homes.
(2) Application for permit. Application shall be made on forms furnished by the Administrator and shall include the following.
(a) Description of the work to be covered by the permit for which the application is to be made.
(b) Description of the land on which the proposed work is to be done (for example, lot, block, track, street address or similar description) that will readily identify and locate the work to be done.
(c) Location and dimensions of all structures and additions.
(d) Indication of the use or occupancy for which the proposed work is intended.
(e) Elevation of the base flood.
(f) Elevation (in relation to North American Vertical Datum 1988) of the lowest floor (including basement) of structures or of the level to which a structure is to be flood proofed.
(g) For structures being improved or rebuilt, the estimated cost of improvements and market value of the structure prior to the improvements.
(h) Such other information as the Administrator deems reasonably necessary (for example, drawings or a site plan) for the purpose of this chapter.
(3) Action on permit application. The Administrator shall, within a reasonable time, make a determination as to whether the proposed floodplain development meets the applicable standards of this chapter and shall approve or disapprove the application. For disapprovals, the applicant shall be informed, in writing, of the specific reasons therefor. The Administrator shall not issue permits for variances except as directed by the Board of Adjustment.
(4) Construction and use to be as provided in application and plans. Floodplain development permits based 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 chapter. The applicant shall be required to submit certification by a professional engineer or land surveyor, as appropriate, registered in the state, that the finished fill, structure floor elevations, flood proofing or other flood protection measures were accomplished in compliance with the provisions of this chapter, prior to the use or occupancy of any structure.
(Res. 1211223, passed 12-12-2023)
The floodplain areas within the jurisdiction of this chapter are hereby divided into the following districts: Floodplain (Overlay) District, which are those areas identified as Zone A on the Official Floodplain Zoning Map. The boundaries shall be as shown on the Official Floodplain Zoning Map. Within these districts, all uses not allowed as permitted uses are prohibited unless a variance to the terms of this chapter is granted after due consideration by the Board of Adjustment.
(Res. 1211223, passed 12-12-2023)
(A) Permitted uses.
(1) All development within the Floodplain District shall be permitted to the extent that they are not prohibited by any other ordinance (or underlying zoning district) and provided they meet the applicable performance standards of the Floodplain District.
(2) (a) Any development which involves placement of structures, factory-built homes, fill or other obstructions, storage of materials or equipment, excavation or alteration of a watercourse shall be reviewed by the Department of Natural Resources to determine:
1. Whether the land involved is either wholly or partly within the floodway or floodway fringe; and
2. The base flood elevation.
(b) The applicant shall be responsible for providing the Department of Natural Resources with sufficient technical information to make the determination.
(3) Review by the State Department of Natural Resources is not required for the proposed construction of new or replacement bridges or culverts where:
(a) The bridge or culvert is located on a stream that drains less than two square miles; and
(b) The bridge or culvert is not associated with a channel modification that constitutes a channel change as specified in 567-71.2(2), Iowa Administrative Code.
(B) Performance standards. All development must be consistent with the need to minimize flood damage and meet the following applicable performance standards. Where base flood elevations and floodway data have not been provided in the Flood Insurance Study, the State Department of Natural Resources shall be contacted to compute such data. The applicant will be responsible for providing the Department of Natural Resources with sufficient technical information to make such determination.
(1) All development shall:
(a) Be designed and adequately anchored to prevent flotation, collapse or lateral movement;
(b) Use construction methods and practices that will minimize flood damage; and
(c) Use construction materials and utility equipment that are resistant to flood damage.
(2) (a) All new or substantially improved residential structures shall have the lowest floor, including basement, elevated a minimum of one foot above the base flood elevation. Construction shall be upon compacted fill which shall, at all points, be no lower than one foot above the base flood elevation and extend at such elevation at least 18 feet beyond the limits of any structure erected thereon. Alternate methods of elevating (such as piers or extended foundations) may be allowed 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 withstand the various forces and hazards associated with flooding.
(b) All new residential structures located in areas that would become isolated due to flooding of surrounding ground shall be provided with a means of access that will be passable by wheeled vehicles during the base flood. However, this criterion shall not apply where the Administrator determines there is sufficient flood warning time for the protection of life and property. When estimating flood warning time, consideration shall be given to the criteria listed in 567-75.2(3), Iowa Administrative Code.
(C) Non-residential structures. All new or substantially improved non-residential structures shall have the lowest floor (including basement) elevated a minimum of one foot above the base flood elevation 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 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 base flood; and that the structure, below the base flood elevation, is 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 flood proofed shall be maintained by the Administrator.
(D) New, substantially improved structures. All new and substantially improved structures:
(1) 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 flood waters. 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 flood waters. 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 shall be constructed with electric meter, electrical service panel box, hot water heater, heating, air conditioning, ventilation equipment (including ductwork) and other similar machinery and equipment elevated (or in the case on non-residential structures, optionally flood proofed to) a minimum of one foot above the base flood elevation.
(4) New and substantially improved structures shall be constructed with plumbing, gas lines, water/gas meters and other similar service utilities either elevated (or in the case of non-residential structures, optionally flood proofed to) a minimum of one foot above the base flood elevation or designed to be watertight and withstand inundation to such a level.
(E) Factory-built homes.
(1) All new and substantially improved 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 base flood elevation.
(2) All new and substantially improved factory-built homes, including those placed in existing factory-built home parks or subdivisions, shall be anchored to resist flotation, collapse or lateral movement. Anchorage systems may include, but are not limited to, use of over-the-top or frame ties to ground anchors as required by the State Building Code.
(F) Utility and sanitary systems.
(1) On-site waste disposal and water supply systems shall be located or designed to avoid impairment to the system or contamination from the system during flooding.
(2) All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system as well as the discharge of effluent into 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 base flood elevation.
(3) (a) New or replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
(b) 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 base 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. 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 base flood elevation. Other material and equipment must either be similarly elevated, or:
(1) Not be subject to major flood damage and be anchored to prevent movement due to flood waters; or
(2) Be readily removable from the area within the time available after flood warning.
(H) Flood control structural works. Flood control structural works such as levees, flood walls and the like shall provide, at a minimum, protection from the base flood with a minimum of three feet of design freeboard and shall provide for adequate interior drainage. In addition, the Department of Natural Resources shall approve structural flood control works.
(I) Watercourse alterations, relocations. Watercourse alterations or relocations must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, the Department of Natural Resources must approve such alterations or relocations.
(J) Subdivisions. 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 (including the installation of public utilities) shall meet the applicable performance standards of this chapter. Subdivision proposals intended for residential use shall provide all lots with a means of access which will be passable by wheeled vehicles during the base flood. Proposals for subdivisions greater than five acres or 50 lots (whichever is less) shall include base flood elevation data for those areas located within the Floodplain (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 base flood elevation 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 flood waters.
(d) The structure shall be firmly anchored to prevent flotation, collapse and lateral movement which may result in damage to other structures.
(e) The structure’s service facilities such as electrical and heating equipment shall be elevated or flood proofed to at least one foot above the base flood elevation.
(f) The structure’s walls shall include openings that satisfy the provisions of division (D)(1) above.
(2) Exemption from the base flood elevation requirements for such a structure may result in increased premium rates for flood insurance coverage of the structure and its contents.
(L) Recreational vehicles.
(1) Recreational vehicles are exempt from the requirements of division (E)(2) above 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
(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.
(2) 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 division (E)(2) above regarding anchoring and elevation of factory-built homes.
(M) Pipeline river, stream crossings. Pipeline river and stream crossings shall be buried in the stream bed and banks, or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering.
(N) Maximum damage potential development. All new or substantially improved maximum damage potential development shall have the lowest floor (including basement) elevated a minimum of one foot above the elevation of the 500-year flood 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 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 0.2% annual chance flood; and that the structure, below the 0.2% annual chance flood elevation, is 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 flood proofed shall be maintained by the Administrator. Where 0.2% chance flood elevation data has not been provided in the Flood Insurance Study, the State Department of Natural Resources shall be contacted to compute such data. The applicant will be responsible for providing the Department of Natural Resources with sufficient technical information to make such determinations.
(Res. 1211223, passed 12-12-2023)
(A) Appointment and duties of Board of Adjustment. A Board of Adjustment is hereby established which shall hear and decide:
(1) Appeals; and
(2) Requests for variances to the provisions of this chapter, and shall take any other action which is required of the Board.
(B) 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 chapter, the aggrieved party may appeal such action. The notice of appeal shall be filed with the Board of Adjustment 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 of Adjustment all the documents constituting the record upon which the action appealed from was taken.
(C) Variance. The Board of Adjustment may authorize upon request in specific cases such variances from the terms of this chapter that will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship. Variances granted must meet the following applicable standards.
(1) Variances shall only be granted upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(c) A determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local codes or ordinances.
(2) Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(3) In cases where the variance involves a lower level of flood protection for structures than what is ordinarily required by this chapter, the applicant shall be notified in writing over the signature of the Administrator that:
(a) The issuance of a variance will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
(b) Such construction increases risks to life and property.
(4) All variances granted shall have the concurrence or approval of the Department of Natural Resources.
(D) Hearings and decisions of the Board of Adjustment.
(1) Hearings.
(a) Upon the filing with the Board of Adjustment of an appeal or a request for a variance, the Board shall hold a public hearing. The Board shall fix a reasonable time for the hearing and give public notice thereof, as well as due notice to parties in interest. At the hearing, any party may appear in person or by agent or attorney and present written or oral evidence.
(b) The Board may require the appellant or applicant to provide such information as is reasonably deemed necessary and may request the technical assistance and/or evaluation of a professional engineer or other expert person or agency, including the Department of Natural Resources.
(2) Decisions. The Board shall arrive at a decision on an appeal or variance within a reasonable time. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination appealed from, and it shall make its decision, in writing, setting forth the findings of fact and the reasons for its decision. In granting a variance, the Board shall consider such factors as contained in this section and all other relevant sections of this chapter and may prescribe such conditions as contained in division (D)(2)(b) below.
(a) Factors upon which the decision of the Board of Adjustment shall be based. In passing upon applications for variances, the Board shall consider all relevant factors specified in other sections of this chapter 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 land 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 city;
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;
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. The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities (sewer, gas, electrical and water systems), facilities, streets and bridges; and
13. Such other factors which are relevant to the purpose of this chapter.
(b) Conditions attached to variances. Upon consideration of the factors listed above, the Board of Adjustment may attach such conditions to the granting of 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 of periods of use and operation;
3. Imposition of operational controls, sureties and deed restrictions;
4. Requirements for construction of channel modifications, dikes, levees and other protective measures, provided such are approved by the Department of Natural Resources and are deemed the only practical alternative to achieving the purpose of this chapter; and
5. Flood proofing measures shall be designed consistent with the flood protection elevation for the particular area, flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces and other factors associated with the regulatory flood. The 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.
(E) Appeals to the court. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the Board.
(Res. 1211223, passed 12-12-2023)
Loading...