CHAPTER 153: FLOOD DAMAGE PREVENTION
Section
General Provisions
   153.01   Statutory authority
   153.02   Findings of fact
   153.03   Statement of purpose
   153.04   Methods of reducing flood losses
   153.05   Definitions
   153.06   Lands to which this chapter applies
   153.07   Basis for areas of special flood hazard
   153.08   Coordination with specialty codes adopted by the State Building Codes Division
   153.09   Establishment of a development permit
   153.10   Interpretation
   153.11   Warning and disclaimer of liability
   153.12   Abrogation and greater restrictions
Administration
   153.30   Designation of Floodplain Administrator
   153.31   Duties and responsibilities of the Administrator
   153.32   Development permit
   153.33   Watercourse alterations
   153.34   Requirement to submit new technical data
   153.35   Non-conversion of enclosed areas below the lowest floor
Provisions for Flood Hazard Reduction
   153.50   Site improvements and subdivisions
   153.51   Development in regulatory floodways
   153.52   Zones with base flood elevations but not a regulatory floodway
   153.53   Special flood hazard areas without base flood elevations
   153.54   Building design and construction
   153.55   Below grade crawlspaces
   153.56   Recreational vehicles
   153.57   Temporary structures and temporary storage in A1-A30 and AE Zones with a floodway
   153.58   Essential facilities
   153.59   Tanks
   153.60   Fencing
   153.61   Development, including accessory structures, in non-coastal special flood hazard areas (all A Zones)
Variance Procedures and Criteria
   153.75   Variance
   153.76   Criteria for variances
   153.77   Variance decision
 
   153.99   Penalty
   Appendix A: Specific building design and construction standards
   Appendix B: Guidance concerning fencing and walls in special flood hazard areas
GENERAL PROVISIONS
§ 153.01 STATUTORY AUTHORITY.
   The state has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city, does ordain as follows.
(Ord. 527, passed 1-14-2013)
§ 153.02 FINDINGS OF FACT.
   (A)   The flood hazard areas of the city are subject to periodic inundation that results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood relief and protection, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
   (B)   These flood losses are caused by structures in flood hazard areas, which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in flood hazard areas causing increases in flood heights and velocities.
   (C)   The city has the primary responsibility for planning, adoption, and enforcement of land use regulations to accomplish proper management of special flood hazard areas.
(Ord. 527, passed 1-14-2013)
§ 153.03 STATEMENT OF PURPOSE.
   The objectives of this chapter are as follows:
   (A)   Protect human life, health, and property;
   (B)   Minimize damage to public facilities and utilities, such as water purification and sewage treatment plants, water and gas mains, electric, telephone, and sewer lines, and streets and bridges that are located in areas of special flood hazard;
   (C)   Help maintain a stable tax base by providing for the sound use and development of flood prone areas;
   (D)   Minimize expenditure of public money for costly flood control projects;
   (E)   Minimize the need for rescue, emergency services, and relief associated with flooding and generally undertaken at the expense of the general public;
   (F)   Minimize prolonged business interruptions, unnecessary disruption of commerce, access, and public service during times of flood;
   (G)   Ensure that potential buyers are notified that property is in an area of special flood hazard;
   (H)   Ensure that those who occupy within the areas of special flood hazard assume responsibility for their actions; and
   (I)   Manage the alteration of areas of special flood hazard, stream channels, and shorelines to minimize the impact of development on the natural and beneficial functions.
(Ord. 527, passed 1-14-2013)
§ 153.04 METHODS OF REDUCING FLOOD LOSSES.
   In order to accomplish its purpose, this chapter includes methods and provisions to:
   (A)   Require development that is vulnerable to floods, including structures and facilities necessary for the general health, safety, and welfare of citizens, to be protected against flood damage at the time of initial construction;
   (B)   Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which increase flood heights, velocities, or erosion;
   (C)   Control filling, grading, dredging, and other development which may increase flood damage or erosion;
   (D)   Prevent or regulate the construction of flood barriers that will unnaturally divert flood waters or that may increase flood hazards to other lands;
   (E)   Preserve and restore natural floodplains, stream channels, and natural protective barriers which carry and store flood waters; and
   (F)   Coordinate with and supplement provisions of state specialty codes enforced by the State Building Codes Division.
(Ord. 527, passed 1-14-2013)
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