[Ord. 2011-04 § 1 (part); Ord. 87-206; Ord. 78-128 (part); prior code § 14.001-1]
The Legislature of the state has in Section 364.1 of the 2009 Iowa Code delegated the responsibility to local government units to adopt regulations designed to protect and preserve the rights, privileges and property of the City and its residents and to preserve, improve and promote the peace, health, safety, comfort and general welfare of the citizenry.
[2-24-2021 by Ord. No. 2021-77; Ord. 2011-4 § 1 (part); Ord. 87-206; Ord. 78-128 (part); prior code § 14.001-2]
A. 
The flood hazard areas of Davenport are subject to periodic inundation which results in the potential for loss of life, loss of 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 public health, safety and general welfare.
B. 
These flood losses are caused by the occupancy of flood hazard areas by uses vulnerable to flood damages which create hazardous conditions as a result of being adequately elevated or otherwise protected from flooding and the cumulative effect of obstructions in floodplains causing increases in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed, or otherwise protected from flood damages.
C. 
This chapter relies upon engineering methodology for analyzing flood hazards which is consistent with the standards established by the Iowa Department of Natural Resources.
[Ord. 2011-04 § 1 (part); Ord. 87-206; Ord. 78-128 (part); prior code § 14.001-3]
It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
A. 
Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion or result in an increase in flood heights or velocities;
B. 
Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
C. 
Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;
D. 
Control filling, grading, dredging and other development which may increase erosion of flood damage;
E. 
Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands;
F. 
Maintain eligibility in the National Flood Insurance Program thereby assuring the eligibility of property owners, business owners, and tenants in the community to purchase flood insurance and to aid in the City's participation in the Community Rating System (CRS).
[Ord. 2011-4 § 1 (part); Ord. 87-206; Ord. 78-128 (part); prior code § 14.001-4]
The objectives of this chapter are to:
A. 
Protect human life and health;
B. 
Minimize expenditure of public money for costly flood control projects;
C. 
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D. 
Minimize prolonged business interruptions;
E. 
Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;
F. 
Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and
G. 
Insure that potential home buyers are notified that property is in a flood area.
[Ord. 2011-4 § 1 (part); Ord. 87-206; Ord. 78-128 (part); prior code § 14.001-6]
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City. The provisions of this chapter shall apply to all lands within the jurisdiction of the City of Davenport that are subject to special flood hazards as shown on the Flood Insurance Rate Maps or as may be subject to special flood hazard as determined through accepted hydraulic and hydrologic analysis. The Flood Insurance Rate Map panels adopted by reference in Section 15.44.060 may include floodplain areas outside the corporate limits of Davenport at the time of adoption of this chapter, the newly annexed floodplain lands shall be subject to the provisions of this chapter immediately upon the date of the annexation into Davenport.
[2-24-2021 by Ord. No. 2021-77; Ord. 2011-4 § 1 (part); Ord. 87-206; Ord. 78-128 (part); prior code § 14.001-7]
The areas of special flood hazard identified by the Federal Insurance Administration through a scientific and engineering report entitled " The Flood Insurance Study for Scott County, Iowa No. 19163CV000CA DATED March 23, 2021," with accompanying Flood Insurance Rate Maps and any revision thereto are adopted by reference and declared to be a part of this chapter. The Flood Insurance Rate Map ( FIRM) for Scott County and Incorporated Areas: City of Davenport: Panels 19163C00335G, 0340G, 0345G, 0355G, 0360G, 0365G, 0367G, 0370G, 0376G, 0378G, 0433G, 0434G, 0453G, 0454G, 0456G, 0458G, 0460G, and 0476G; dated March 23, 2021, which were prepared as part of the Flood Insurance Study for is ( are) hereby adopted by reference and declared to be the Official Floodplain Map. The flood profiles and all explanatory material contained with the Flood Insurance Study are also declared to be a part of this chapter.
[2-24-2021 by Ord. No. 2021-77; 12-4-2019 by Ord. No. 2019-530; Ord. 2011-4 § 1 (part); Ord. 95-55 § 1; Ord. 90-146 §§ 16; Ord. 87-206; Ord. 78-128 (part); prior code § 14.001-5]
A. 
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application:
ACCESSORY STRUCTURE
Shall mean a nonhabitable structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.
APPEAL
Shall mean a request for a review of the code enforcement coordinator interpretation of any provision of this chapter or a request for a variance.
APPROPRIATE USE
Shall mean only those uses permissible in the regulatory floodway that will be considered for permit issuance.
APPURTENANT STRUCTURE
Shall mean a structure which is on the same parcel of the property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.
AREA OF SHALLOW FLOODING
Shall mean a designated AO zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
BASE FLOOD
Shall mean the flood having a 1% probability of being equaled or exceeded in any given year. The base flood is also known as the 100-year frequency flood event.
BASE FLOOD ELEVATION (BFE)
Shall mean the highest water surface elevation that can be expected during the base flood in relation to mean sea level. The base flood elevation (BFE) is also known as the 100-year frequency flood elevation and as a 1% probability of being equaled or exceeded in any given year.
BASEMENT
Shall mean any enclosed area of a structure which has its flood or lowest level below ground level (subgrade) on all sides. See also "lowest floor."
BEST MANAGEMENT PRACTICES (BMPS)
Shall mean practices or measures typically developed as part a stormwater management program that reduce nonpoint source pollution that enter the waterways.
BUILDING
Shall mean a structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, mobile home or a prefabricated building. This term also includes recreational vehicles and travel trailers to be installed on a site for more than 180 days.
CHANNEL
Shall mean any river, stream, creek, brook, branch, natural or artificial depression, ponded area, flowage, slough, ditch, conduit, culvert, gully, ravine, wash, or natural or man-made drainage way, which has a definite bed and banks or shoreline, into which surface or groundwater flows, either perennially or intermittently.
CHANNEL MODIFICATION
Shall mean the alteration of a channel by changing the physical dimensions or materials of its bed or banks and includes damming, rip-rapping or other armoring, widening, deepening, straightening, relocating, lining or significant removal of bottom or woody vegetation. Modification does not include the clearing of dead or dying vegetation, debris or trash from the channel.
COMPENSATORY STORAGE
Shall mean an artificially excavated, hydraulically equivalent volume of storage within the SFHA used to balance the loss of natural flood storage capacity when artificial fill or structures are placed within the flood plain. The uncompensated loss of natural flood plain storage can increase off-site floodwater elevations and flows.
CRITICAL FACILITY
Shall mean any facility which is critical to the health and welfare of the population and, if flooded, would create an added dimension to the disaster. Damage to a critical facility can impact delivery of vital services, can cause greater damage to other sectors of the community, or can put special populations at risk. Critical facilities include but may not be limited to emergency services, schools, retirement or senior care facilities, major roads and bridges, utility sites and hazardous materials storage sites.
CRITICAL FEATURE
Shall mean an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
DAM
Shall mean any obstruction, wall embankment or barrier, together with their abutments and appurtenant works, if any, constructed for the purpose of storing or diverting water or creating a pool. Underground water storage tanks are not included. Dams may include weirs, restrictive culverts or impoundment structures.
DESIGN STORM
Shall mean a selected storm event, described in terms of probability of occurrence for which flood mitigation protection elevations are determined.
DEVELOPMENT
Shall mean any man-made change to improved or unimproved real estate, including, but not limited to:
a. 
Construction, reconstruction, repair, addition to or replacement of a building or structure.
b. 
Installing a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer on a site for more than 180 days.
c. 
Drilling, mining, installing utilities, construction of roads, bridges, or similar projects.
d. 
Demolition of a structure or redevelopment of a site.
e. 
Clearing of land as an adjunct of construction.
f. 
Construction or erection of levees, walls, fences, dams, or culverts; channel modification; filling, dredging, grading, excavating, paving or other non-agricultural alterations of the ground surface; storage of equipment or materials; deposit of solid or liquid waste.
g. 
Any other activity of man that might change the direction, height, or velocity of flood or surface water, including extensive vegetation removal. Development does not include maintenance of existing buildings and facilities such as reroofing or resurfacing of roads when there is no increase in elevation, or gardening, plowing, cultivation, and similar agricultural practices that do not involve filling, grading, or construction of levees.
ELEVATION CERTIFICATE
Shall mean a form used by FEMA to certify building elevations, confirm compliance with the Village floodplain management ordinance, determine proper insurance premium rates, and to support a request for a Letter of Map Amendment (LOMA) or a Letter of Map Revisions based on fill (LOMR-F).
EROSION
Shall mean the general process whereby soils are moved by flowing water or wave action.
EXISTING CONSTRUCTION
Shall mean any structure for which the start of construction commenced before the effective date of the first floodplain management regulations adopted by the community.
EXISTING FACTORY-BUILT HOME PARK OR SUBDIVISION
Shall mean a factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the first floodplain management regulations adopted by the community.
EXPANSION OF EXISTING FACTORY-BUILT HOME PARK OR SUBDIVISION
Shall mean the preparation of additional sites by the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.
500-YEAR FLOOD
Shall mean a flood, the magnitude of which has a 0.2% chance of being equaled or exceeded in any given year or which, on average, will be equaled or exceeded at least once every 500 years.
FACTORY-BUILT HOME PARK
Shall mean a parcel or contiguous parcels of land divided into two or more factory-built home lots for sale or lease.
FEMA
Shall mean the Federal Emergency Management Agency and its regulations at 44 CFR 59-79, specifically the regulations within CFR 44 Section 60.3d which are adopted by this reference. FEMA is the independent Federal agency that, in addition to carrying out other activities, administers the NFIP.
FLOOD OR FLOODING
Shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland rivers or streams or tidal waters and the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD FREQUENCY
Shall mean a period of years, based on a statistical analysis, during which a flood of a stated magnitude may be expected to be equaled or exceeded.
FLOOD FRINGE
Shall mean that portion of the flood plain outside of the regulatory floodway.
FLOOD INSURANCE RATE MAP (FIRM)
Shall mean a map prepared by FEMA that depicts the special flood hazard area (SFHA) within a community. This map includes insurance rate zones and flood plains and may or may not depict floodway.
FLOOD INSURANCE STUDY
Shall mean the official report provided by the Federal Insurance Administration. The report contains flood profiles and the water surface elevation of the base flood.
FLOOD PLAIN
Shall mean any land area susceptible to being inundated by water as a result of a flood. The land is typically adjacent to a body of water with ground surface elevations at or below the base flood or the 100-year frequency flood elevation. Flood plains may also include detached special flood hazard areas, ponding areas, etc. The flood plain is also known as the special flood hazard area (SFHA).
FLOOD PLAIN DEVELOPMENT PERMIT
Shall mean a permit required for any development occurring below the base flood elevation.
FLOOD PLAIN MANAGEMENT
Shall mean an overall program of corrective and preventive measures (mitigation) for reducing flood damages and promoting the wise use of flood plains, including but not limited to emergency preparedness plans, flood control works, floodproofing and flood plain management regulations.
FLOOD PROTECTION ELEVATION (FPE)
Shall mean the elevation of the base flood or 100-year frequency flood plus one foot of freeboard at any given location in the SFHA. Outside of the floodplain limits, the 100-year design water surface elevation of any adjacent stormwater facility or the 100-year storm elevation on non-NFIP mapped floodplain plus two feet of freeboard.
FLOODPROOFING
Shall mean any combination of structural or nonstructural changes, or adjustments to structures, including utility and sanitary facilities, which will reduce or eliminate flood damage to such structures.
FLOODPROOFING CERTIFICATE
Shall mean a form used to certify that a building has been designed and constructed to be structurally dry floodproofed to the flood protection elevation.
FLOODWAY
Shall mean the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood (design storm) so that confinement of flood flows within the floodway area will not cumulatively increase the water surface elevation of the base flood by more than one foot.
FLOODWAY FRINGE
Shall mean those portions of the flood plain, other than the floodway, which can be filled, leveed, or otherwise obstructed without causing higher flood levels or flow velocities.
FREEBOARD
Shall mean an increment of elevation added to the base flood elevation to provide a factor of safety for uncertainties in calculations (development outside the communities control), unknown localized conditions, wave actions and unpredictable effects such as those caused by ice or debris jams.
FUNCTIONALLY DEPENDENT USE
Shall mean a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term shall include only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE
Shall mean the highest natural elevation of the ground surface prior to construction next to the proposed walls of the structure.
HISTORIC STRUCTURE
Shall mean any structure that is:
a. 
Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
b. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
c. 
Individually listed on the State Inventory of Historic Places which inventory is part of a historic preservation program approved by the Secretary of the Interior; or
d. 
Individually listed on the local inventory of historic places in communities with historic preservation programs that have been certified either (1) by an approved state program as determined by the Secretary of the Interior or (2) directly by the Secretary of the Interior in states without approved programs.
HYDRAULICALLY EQUIVALENT COMPENSATORY STORAGE
Shall mean compensatory storage either adjacent to the floodplain fill or not located adjacent to the development but can be shown by hydrologic and hydraulic analysis to be equivalent to compensatory storage located adjacent to the development.
HYDROLOGIC AND HYDRAULIC CALCULATIONS
Shall mean an engineering analysis which determines expected flood flows and flood elevations based on land characteristics and rainfall events.
HYDROLOGICALLY DISTURBED
Shall mean an area where the land surface has been cleared, grubbed, compacted, or otherwise modified to change runoff volumes, rates or direction.
IMPERVIOUS SURFACE
Shall mean any hard-surfaced, man-made area that does not readily absorb or retain water including, but not limited to, building roofs, parking and driveway areas, graveled areas, sidewalks, and paved recreation surfaces.
INTERMITTENT STREAM
Shall mean a stream whose bed intersects the groundwater table for only a portion of the year on the average or any stream which flows continuously for at least one month out of the year but not the entire year.
LEVEE
Shall mean a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. For a levee to provide relief from flood insurance requirements it will need to be a certified level meeting the minimum requirements of 44 CFR 65.
LEVEE SYSTEM
Shall mean a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
LOWEST FLOOR
Shall mean the lowest floor of the lowest enclosed area, including basement. An exception results when all of the following criteria are met:
a. 
The enclosed area is designed to flood, to equalize hydrostatic pressure during floods with walls or openings that satisfy the provisions of Section 15.44.110CB (please refer to FEMA Technical Bulletin No. 1 entitled "Openings in Foundation Walls and Walls of Enclosures"); and
b. 
The enclosed area is unfinished (not carpeted, drywalled, etc.) and used solely for low damage potential uses such as building access, parking or storage; and
c. 
Machinery and service facilities contained within the enclosed area are protected from flood water to a height of at least one foot above the base flood elevation; and
d. 
The enclosed area is not defined as a "basement" in this section; and
e. 
Provided the enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.
In cases where the lowest enclosed area satisfies criteria stated in paragraphs a through d above, the lowest floor is the floor on the next highest enclosed area that does not satisfy the criteria above.
MANUFACTURED HOME
As defined by Chapter 414.28 of the Iowa Code shall mean a factory built structure, which is manufactured or constructed under the authority of 42 U.S.C. §  5403 and is to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. For the sake of this chapter the definition of manufactured home includes factory-built home. "Factory-build home" shall mean a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "factory-built home" shall also include park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "factory-built home" does not include park trailers, travel trailers, and other similar devices.
MANUFACTURED HOME PARK OR SUBDIVISION
A tract designed to accommodate manufactured home sites.
MAXIMUM DAMAGE POTENTIAL DEVELOPMENT
Shall mean hospitals and like institutions; buildings or building complexes containing documents, data, or instruments of great public value; buildings or building complexes containing materials dangerous to the public or fuel storage facilities; power installations needed in emergency or other buildings or building complexes similar in nature or use.
MEAN SEA LEVEL
Shall mean, for the purposes of the National Flood Insurance Program (NFIP), the National American Vertical Datum of 1988 (NAVD 88) or other datum, to which base flood elevations shown on the community's Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) are referenced.
MINOR PROJECTS
Shall mean small development activities (except for filling, grading, and excavating) valued at less than $500.
MITIGATION
Shall mean those measures necessary to minimize the negative effects which flood plain development activities might have on the public health, safety and welfare. Examples of mitigation include compensatory storage, soil erosion and sedimentation control, and channel restoration. Mitigation may also include those activities taken to reduce a structure's susceptibility to flooding.
NATIONAL FLOOD INSURANCE PROGRAM (NFIP)
Shall mean the Federal program whose requirements are codified in the Title 44 of the Code of Federal Regulations.
NATURAL
When used in reference to channels means those channels formed by the existing surface topography of the earth prior to changes made by man. A natural stream tends to follow a meandering path; its flood plain is not constrained by levees; the area near the bank has not been cleared, mowed or cultivated; the stream flows over soil and geologic materials typical of the area with no substantial alteration of the course or cross-section of the stream caused by filling or excavating. A modified channel may regain some natural characteristics over time as the channel meanders and vegetation is re-established. Similarly, a modified channel may be restored to more natural conditions by man through regarding and re vegetation.
NAVD 88
Shall mean National American Vertical Datum of 1988, which supersedes the National Geodetic Vertical Datum of 1929 (NGVD).
NET WATERSHED BENEFIT
Shall mean a finding that, when compared to the existing condition, the developed project will do one of the following: substantially reduce (more than 10%) downstream peak discharges; reduce downstream flood stages (more than 0.1 foot); or reduce downstream damages to structures occurring in the pre-development condition. The demonstration of one of these conditions must be through detailed hydrologic and hydraulic analysis of the watershed(s) on a regional scale.
NEW CONSTRUCTION
Shall mean structures for which the "start of construction" commenced on or after the effective date of the FIRM, 3-1-78, and includes any subsequent improvements to such structures.
NEW FACTORY-BUILT HOME PARK OR SUBDIVISION
Shall mean a factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the first floodplain management regulations adopted by the community.
NGVD
Shall mean National Geodetic Vertical Datum of 1929. Reference surface set by the National Geodetic Survey deduced from a continental adjustment of all existing adjustments in 1929.
NO ADVERSE IMPACT (NAI)
Shall mean a managing principle that includes both structural and nonstructural measure of floodplain management established by the Association of State Floodplain Manager (ASFPM) that provide a higher level of protection for a community and its citizens and to prevent increased flooding now and in the future.
NON-CONVERSION AGREEMENT
Shall mean an agreement binding on the current and future homeowners that the enclosure located below the base flood elevation will not be converted into living space.
NON-RIVERINE
Shall mean areas not associated with a stream or river such as isolated depressional storage areas, ponds and lakes.
NPDES II
Shall mean that program mandated by Congress under the Clean Water Act, the NPDES Stormwater Program is a comprehensive two-phased national program for addressing the nonagricultural sources of stormwater discharges which adversely affect the quality of our nation's waters. The program uses the National Pollutant Discharge Elimination System (NPDES) permitting mechanism to require the implementation of controls designed to prevent harmful pollutants from being washed by stormwater runoff into local water bodies.
ORDINARY HIGH WATER MARK (OHWM)
Shall mean the point on the bank or shore up to which the presence and action of surface water is so continuous so as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation or other easily recognized characteristics.
PERENNIAL STEAMS
Shall mean riverine watercourses whose thalweg generally intersects the groundwater table elevation and flows throughout the year.
PROGRAM DEFICIENCY
Shall mean a defect in a community's flood plain management regulations or administrative procedures that impairs effective implementation of those flood plain management regulations or of the standards in Section 60.3 and 60.6 of the National Flood Insurance Program.
PUBLIC BODIES OF WATER
Shall mean all open public streams and lakes capable of being navigated by watercraft, in whole or in part, for commercial uses and purposes, and all lakes, rivers, and streams which in their natural condition were capable of being improved and made navigable, or that are connected with or discharge their waters into navigable lakes or rivers within, or upon the borders of the state of Iowa, together with all bayous, sloughs, backwaters, and submerged lands that are open to the main channel or body of water directly accessible thereto.
PUBLIC FLOOD CONTROL PROJECT
Shall mean a flood control project which will be operated and maintained by a public agency to reduce flood damages to existing buildings and structures which includes a hydrologic and hydraulic study of the existing and proposed conditions of the watershed. Nothing in this definition shall preclude the design, engineering, construction or financing, in whole or in part, of a flood control project by persons or parties who are not public agencies.
PUBLICLY NAVIGABLE WATERS
Shall mean all streams and lakes capable of being navigated by watercraft.
REASONABLY SAFE FROM FLOODING
Shall mean methods and standards of foundation protection, such as the placement, compaction and protection of fill when used to elevate a building, that base flood waters will not inundate or damage a structure(s) to be removed from the SFHA and that any subsurface waters related to the base flood will not damage existing or proposed buildings. Please refer to FEMA Technical Bulletin No. 10-1 "Ensuring That Structures Built on Fill In or Near Special Flood Hazard Areas Are Reasonably Safe From Flooding."
RECREATIONAL VEHICLE
Shall mean a vehicle which is: (a) built on a single chassis; (b) 400 feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, traveling or seasonal use.
REGISTERED LAND SURVEYOR
Shall mean a land surveyor registered in the state of Iowa as per Chapter 542b of the State Code of Iowa entitled "Professional Engineers and Land Surveyors."
REGISTERED OR LICENSED PROFESSIONAL ENGINEER
Shall mean an engineer registered in the state of Iowa as per Chapter 542b of the State Code of Iowa entitled "Professional Engineers and Land Surveyors."
REGULATORY FLOOD PLAIN
Shall mean the flood plain as depicted on maps recognized by FEMA as defining the limits of the SFHA.
REGULATORY FLOODWAY OR DESIGNATED FLOODWAY
Shall mean those portions of the floodplain depicted on the Flood Insurance Rate Map which is needed to store and convey the existing and anticipated future 100-year frequency flood discharge with no increase in stage due to the loss of flood conveyance or storage, and no increase in velocities.
REMEDY A VIOLATION
Shall mean to bring the structure or other development into compliance with state or local flood plain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the section or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
REPETITIVE LOSS
Shall mean flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred.
RETENTION/DETENTION FACILITY
Shall mean a facility for the purpose of retaining or detaining stormwater. A retention facility stores stormwater runoff without a gravity release for infiltration purposes. A detention facility provides for storage of stormwater runoff and controlled release of this runoff during and after a flood or storm.
ROUTINE MAINTENANCE OF EXISTING BUILDINGS AND FACILITIES
Shall mean repairs necessary to keep a structure in a safe and habitable condition that do not trigger a building permit, provided they are not associated with a general improvement to the structure or repair of a damaged structure. Such repairs include:
a. 
Normal maintenance of structures such as re-roofing, replacing roofing tiles and replacing siding.
b. 
Exterior and interior painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work.
c. 
Basement sealing.
d. 
Repairing or replacing damaged or broken window panes.
e. 
Repairing plumbing systems, electrical systems, heating or air conditioning systems, and repairing wells or septic systems.
RUNOFF
Shall mean the water derived from melting snow or rain falling on the land surface, flowing over the surface of the ground or collected in channels or conduits.
SEDIMENTATION
Shall mean the process that deposits soil, debris, and other materials either on ground surfaces or in bodies of water or water courses.
SPECIAL FLOOD HAZARD AREA
Shall mean the land within a community subject to the base flood. This land is identified on the community's Flood Insurance Rate Map as Zone A, A1-30, AE, AH, AO, AR and/or A99.
START OF CONSTRUCTION
Shall include substantial improvement, and shall mean the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start of construction means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a factory-built home on a permanent foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STORMWATER MANAGEMENT
Shall mean a set of actions taken to control stormwater (surface) runoff with the objectives of providing controlled surface drainage, flood control and pollutant reduction.
STREAM OR RIPARIAN BUFFER
Shall mean a best management practice (BMP) that either as a stand-alone practice or in conjunction with other practices seeks to minimize the adverse effects on the quality of water within the adjacent stream by providing or preserving a predominantly vegetation area that acts as a barrier between a particular land use (house, lawn, commercial, etc.) and the water for the purpose eliminating or mitigating adverse run-off effects.
STRUCTURE
Shall mean man-made change to the land constructed on or below grade, including construction, reconstruction or placement of a building or any addition to a building, roads, signs, billboards, etc.; installing a manufactured home on a site; preparing a site for manufactured home or installing a travel trailer on a site for more than 180 days.
SUBSTANTIAL DAMAGE
Shall mean damage of any origin sustained by a structure whereby the cumulative percentage of damage during a ten-year period, the cost of which equals or exceeds 50% of the market value of the structure before the damage occurred regardless of the actual repair work performed.
SUBSTANTIAL IMPROVEMENT
Shall mean any repair, reconstruction, rehabilitation, addition or other improvement of a structure since the City entered the regular program of the NFIP (3-1-1978), the cost of which equals or exceeds 50% of the market of the structure either (a) before the "start of construction" of the improvement, or (b) if the structure has been damaged and is being restored, before the damage occurred regardless of the actual repair work performed. Also any addition which cumulatively increases the original floor area of a structure by 25% or more since the City entered the regular program of the NFIP (3-1-1978). All additions constructed after the effective date of the FIRM for Davenport (3-1-1978) shall be added to any proposed addition in determining whether the total increase in original floor area would exceed 25%. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either (a) any project for improvement of a structure to comply with existing state and local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (b) any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
VARIANCE
Shall mean a grant of relief to a person from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship.
VIOLATION
Shall mean the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in the National Flood Insurance Program is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION
Shall mean the height, in relation to the National American Vertical Datum of 1988 or other datum, where specified, of floods of various magnitudes and frequencies in the flood plains of riverine or other areas.
[Amended 11-22-2022 by Ord. No. 2022-554; 2-24-2021 by Ord. No. 2021-77; Ord. 95-55 § 2; Ord. 92-453 § 1 (part); Ord. 87-206; Ord. 78-128 (part); prior code § 14.001-18 (part)]
A. 
All development must be consistent with the need to minimize flood damage and meet the following applicable performance standards. Where base flood elevations have not been provided in the Flood Insurance Study, the Iowa Department of Natural Resources shall be contacted 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. 
Until a regulatory floodway is designated, no development may increase the Base Flood Elevation more than one foot. The application will be responsible for providing the Department of Natural Resources with sufficient technical information to make such determination.
C. 
Review by the Iowa Department of Natural Resources is not required for the proposed construction of new or replacement bridges or culverts where:
1. 
The bridge or culvert is located on a stream that drains less than two square miles; and
2. 
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.
D. 
All new construction and substantial improvement including factory-built housing shall be:
1. 
Designed and adequately anchored to prevent flotation, collapse or lateral movement of the structure;
2. 
Constructed with materials and utility equipment resistant to flood damage;
3. 
Constructed by methods and practices that minimize flood damage;
4. 
Done in a manner that does not cause any net loss of flood plain and any diminishment of flood carrying capacity. This shall be accomplished by matching each cubic yard or fill dirt added to the site with a corresponding yard of fill dirt removed from another area of the property. However, the requirement stated in the preceding sentence shall have no application to the Mississippi River flood plain.
E. 
All new and replacement water supply systems and/or sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
F. 
On-site waste disposal and water supply systems shall be located to avoid impairment to them or contamination from them during flooding.
G. 
Water supply and/or waste water treatment facilities shall be provided with flood protection equal to or greater than one foot above the 100-year flood elevation.
H. 
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.
I. 
The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited.
J. 
Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.
K. 
Structural flood control works such as levees, flood walls, etc., shall provide at a minimum, protection from a 100-year flood with a minimum of three feet of design freeboard and shall provide for adequate interior drainage. Approval of such structural work shall also be obtained from the Iowa Department of Natural Resources.
L. 
No use and or development shall affect the capacity of conveyance of the channel or floodway of any tributary to the mainstream, drainage ditch or other drainage facility or system. In addition, such alterations must be approved by the Iowa Department of Natural Resources.
M. 
Detached garages, sheds, fences, flag poles and similar structures are exempted from the requirements of this chapter when all of the following conditions are met:
1. 
The structure is not used for habitation;
2. 
The structure has been designed to have a low flood damage potential;
3. 
The structure is constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters;
4. 
The structure is firmly anchored to prevent flotation which may result in damage to other structures and/or downstream; and
5. 
The structure's service facilities such as electrical and heating are elevated or floodproofed a minimum of one foot above the base flood elevation.
6. 
The structure shall be designed to how 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.
N. 
Any permanent exposed slopes or fills and any cut faces of earth excavation which are to be vegetated shall be no steeper than three feet horizontal to one-foot vertical.
O. 
Any and all development or man-made changes to improved or unimproved real estate shall utilize the principle of no net loss of flood plain with all fill being offset by corresponding grade reductions or cuts. However, the requirement stated in the preceding sentence shall have no application to the Mississippi River flood plain.
P. 
Require that recreational vehicles placed on sites within Zones A1 - A30, AH and AE on a community's FIRM either: (i) be on the site for fewer than 180 consecutive days; (ii) be fully licensed and ready for highway use; (iii) meet the requirements of Section 15.44.120. A recreational vehicle is ready for highway use if it is on wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
Q. 
Maximum Damage Potential Development. All new or substantially improved maximum damage potential development shall have the lowest floor (including basement) elevated to a minimum of one foot above the elevation of the 500-year flood, or together with attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a professional engineer registered in the State of Iowa shall certify that the floodproofing 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) to which any structures are floodproofed shall be maintained by the Administrator. Where 0.2% chance flood elevation data has not been provided in the Flood Insurance Study, the Iowa Department of Natural Resources shall be contacted to compute such data. The applicant will be responsible for providing the Iowa Department of Natural Resources with sufficient technical information to make such determinations.
R. 
All New and Substantially Improved Structures.
[Added 11-22-2022 by Ord. No. 2022-554]
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 floodwaters. Designs for meeting this requirement must be certified by a registered professional engineer or architect or meet and/or exceed the following criteria:
a. 
A minimum of two openings having a total net opening of not less than one square inch for every square foot of enclosed area subject to flooding.
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 that they permit the automatic entry and exit of floodwaters.
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 similar machinery and equipment elevated or floodproofed to a minimum of one foot above 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 floodproofed to a minimum of one foot above Base Flood Elevation or designed to be watertight and withstand inundation to such a level.
5. 
All nw and substantially improved structures.
S. 
Residential Construction.
[Added 11-22-2022 by Ord. No. 2022-554]
All new or substantial improvement of any residential structure 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 at least 18 feet beyond the limits of any structure erected thereon. All fill shall be offset by corresponding grade reductions or cuts in order that there be no net loss of flood plain. However, the requirement stated in the preceding sentence shall have no application to the Mississippi River flood plain. Alternate methods of elevating may be allowed subject to favorable consideration by both the City plan and zoning commission and the Iowa Department of Natural Resources. The alternative method selected shall be adequate to support the structure as well as withstand the various forces and hazards associated with flooding, increased flood heights and/or erosion, and shall meet the requirements of this chapter.
All new residential structures located in areas that would become isolated due to flooding of surrounding ground shall be provided a means of access that will be passible by wheeled vehicles during the Base Flood. However, this criterion shall not apply where the Administrator determines there is sufficient flood warning time. Consideration shall be given to the criteria listed in 567-75.2(3), Iowa Administrative Code.
T. 
Nonresidential Construction.
[Amended 11-22-2022 by Ord. No. 2022-554]
1. 
All new construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to a minimum of one foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed to that level so that the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
a. 
A registered professional engineer or architect shall develop and/or review structural design specifications, and plans for the construction, and shall certify that the designs and methods of construction are in accordance with accepted standards of practice for meeting the applicable standards.
b. 
Such certification shall be provided to and maintained by the official as set forth in Section 15.44.180.
2. 
If the structure is elevated through the use of fill, all fill shall be offset by corresponding grade reductions or cuts in order that there be no net loss of flood plain as measured in net cubic yards; however, the requirement stated in the preceding sentence shall have no application to the Mississippi River flood plain.
3. 
All new construction or substantial improvement that contains fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and 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 be certified by a registered professional engineer or architect or meet and/or exceed the following criteria:
a. 
A minimum of two openings having a total net opening of not less than one square inch for every square foot of enclosed area subject to flooding.
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 that they permit the automatic entry and exit of floodwaters.
4. 
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.
5. 
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 similar machinery and equipment elevated or floodproofed to a minimum of one foot above Base Flood Elevation.
6. 
New and substantially improved structures shall be constructed with plumbing, gas lines, water/gas meters and other similar service utilities either elevated or floodproofed to a minimum of one foot above Base Flood Elevation or designed to be watertight and withstand inundation to such a level.
U. 
Factory-Built Housing.
[Amended 11-22-2022 by Ord. No. 2022-554]
1. 
No factory-built housing shall be placed in a floodway and shall meet the requirements of this chapter.
2. 
All factory-built homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that:
a. 
Over-the-top ties be provided at each of the four corners of the factory-built home, with two additional ties per side;
b. 
All components of the anchoring system be capable of carrying a force of 4,800 pounds; and
c. 
Any additions to the factory-built home be similarly anchored.
3. 
All factory built housing to be placed or substantially improved including those placed in a factory-built home park or subdivision in existence prior to the effective date of the chapter shall be elevated on a permanent foundation such that the lowest floor of the factory built home is a minimum one foot above the base elevation. If this grade is achieved through the use of fill, all fill shall be offset by corresponding grade reductions or cuts in order that there be no net loss of flood plain as measured in net cubic yards. However, this requirement stated in the preceding sentence shall have no application to the Mississippi River flood plain.
[2-24-2021 by Ord. No. 2021-77; Ord. 92-453 § 1 (part); Old. 87-206; Ord. 78-128 (part); prior code § 14001-18(d)]
In addition to the General Floodplain Standards, development within the floodway must meet the following applicable standards. The floodway is the portion of the floodplain which must be protected from development encroachment to allow the free flow of flood waters. Where floodway data has been provided in the Flood Insurance Study, such data shall be used to define the floodway. Where no floodway data has been provided, the Iowa Department of Natural Resources shall be contacted to provide a floodway delineation. The applicant will be responsible for providing the Iowa Department of Natural Resources with sufficient technical information to make such determination.
A. 
Prohibit encroachments, including fill, new construction, substantial improvements and other developments unless certification by a professional registered engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge.
B. 
All development within the floodway 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 development 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 system.
D. 
If subsection A of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 15.44.080 and shall be constructed or aligned to present the minimum possible resistance to flood flows.
E. 
Structures, if permitted, shall have a 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 in readily removable from the floodway 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 related portion. In addition, such alterations or relocations must be approved by the Iowa Department of Natural Resources.
H. 
Any fill allowed within the floodway must be shown to have some beneficial purpose and shall be limited to the minimum amount necessary. All fill shall be offset by corresponding grade reductions or cuts in order that there be no net loss of flood plain as measured in net cubic yards. However, the requirement stated in the preceding sentence shall have no application to the Mississippi River flood plain.
I. 
Pipeline river or stream/creek crossings shall be buried in the stream bed and banks or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering or due to the action of flood waters.
J. 
Any permanent exposed slopes of fills and any cut faces of earth which are to be vegetated shall not be steeper than three feet horizontal to one-foot vertical.
[Ord. 87-206; Ord. 78-128 (part); prior code § 14.001-19]
Located within the areas of special flood hazard established in Section 15.44.070 are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply:
A. 
All new construction and substantial improvements of residential structures have the lowest floor, including basement, elevated above the crown of the nearest street to at least one foot above the depth number specified on the community's FIRM.
B. 
All new construction and substantial improvements of nonresidential structures shall:
1. 
Have the lowest floor, including basement, elevated above the crown of the nearest street to at least one foot above the depth number specified on the FIRM; or
2. 
Together with attendant utility and sanitary facilities be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
[2-24-2021 by Ord. No. 2021-77; Ord. 87-206; Ord. 78-128 (part); prior code § 14.001.20]
A. 
All subdivision proposals shall be consistent with the need to minimize flood damage.
B. 
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
C. 
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.
D. 
Base flood elevation data shall be provided for all subdivision proposals and other proposed development which is intended for the construction of any structure.
E. 
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.
[2-24-2021 by Ord. No. 2021-77; Ord. 90-146 § 8; Ord. 87-206; Ord. 78-128 (part); prior code 14.001-21]
A. 
A structure or the use of a structure or premises which was lawful before the passage or amendment of the chapter but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions:
1. 
No such use or substantial improvement of that use shall be expanded, changed, enlarged, or altered in a way which increases its non-conformity.
2. 
If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this chapter. The department of construction and engineering shall notify the Administrator in writing of instances of nonconforming uses where utility services have been discontinued for a period of 12 months.
3. 
Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses.
B. 
If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50% of the market value of the structure before the damage occurred except that if it is re-constructed in conformity with the provisions of this chapter. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, or safety code specifications or regulations which have been identified by the Administrator and which are the minimum necessary to assure safe living conditions, or the cost of any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".
[Ord. 87-206; Ord. 78-128 (part); prior code § 14.001-8]
A development permit shall be required in conformance with the provisions of this chapter.
[2-24-2021 by Ord. No. 2021-77; Ord. 87-206; Ord. 78-128 (part); prior code § 14.04-15]
A Floodplain Development Permit issued by the Administrator shall be secured prior to any floodplain development (any manOmade 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, excavation or drilling operations), including the placement of factory-built homes. Application for a development permit shall be made to the Administrator designated official on forms furnished by the Administrator and may include, but not be limited to, the following: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required but not limited to:
A. 
Elevation in relation to mean sea level (NAVD88), of the lowest floor (including basement) of all structures and/or the elevation (NAVD88) to which any nonresidential structure has been floodproofed;
B. 
Provide a certificate from a registered professional engineer or architect that the non-residential floodproofed structure shall meet the flood-proofing criteria in Section 15.44.110;
C. 
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development;
D. 
Description of the work to be done and all necessary site and/or construction plans;
E. 
The legal description of the property and the street address if assigned;
F. 
Elevation of the 100-year flood in relation to NGVD;
G. 
For a structure being improved or rebuilt the square footage of the improvement and the original structure and/or the estimated cost of the improvement and market value prior to the improvement or damage; and
H. 
An indication of the occupancy or use of the structure.
I. 
The designated official shall within a reasonable time, make determination as to whether the proposed flood plain development meets the applicable standards as set forth in this chapter and shall approve or disapprove the application. Upon disapproval, the applicant shall be informed in writing of the specific reasons for the disapproval.
J. 
Actual construction and/or development at variance with the approved and/or authorized plans shall be deemed a violation of the permit and the regulations of this chapter.
[2-24-2021 by Ord. No. 2021-77; Ord. 90-146 § 9; Ord. 87-206; Ord. 78-128 (part); prior code § 14.001 — 16]
A. 
The City Plan and Zoning Commission as established by the City shall hear and decide appeals and requests for variances from the requirements of this chapter.
B. 
The City Plan and Zoning Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Administrator in the enforcement or administration of this chapter.
C. 
Any person aggrieved by the decision of the City Plan and Zoning Commission or any taxpayer may appeal such decision to the district court of Scott County as provided by law.
D. 
Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
E. 
In passing upon such applications, the City Plan and Zoning Commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
1. 
The danger that materials may be swept onto other lands or downstream to the injury of others;
2. 
The danger to life and property due to flooding, increased flood heights or erosion damage;
3. 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4. 
The proposed water supply and sanitation systems and the ability of the systems to prevent contamination, disease and unsanitary conditions;
5. 
The importance of the services provided by the proposed facility to the community;
6. 
The necessity to the facility of a flood plain and or waterfront location;
7. 
The availability of alternative locations, not subject to flooding or erosion damage, 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 community and that 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 floodwaters and the effects of wave action, if applicable, expected at the site; and
12. 
The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges;
13. 
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing Subsections E1 through E12 have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
F. 
Upon consideration of the factors listed above and the purposes of this chapter, the City plan and zoning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. Such conditioning may include but not be limited to:
1. 
Modification of the water supply and/or waste disposal systems;
2. 
Limitation of the periods of use and operation;
3. 
Imposition of operational controls, sureties and/or deed restrictions;
4. 
Requirements for channel modification, dikes, levees and/or other protective measures provided such are approved by the Iowa Department of Natural Resources and are deemed the only practical alternative to achieve the stated purposes of this chapter.
G. 
Variances shall not be issued within any designated floodway, if any increase in flood levels during the base flood discharge would result.
H. 
Conditions for Variances.
1. 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
2. 
Variances shall only be issued upon:
a. 
Showing of good and sufficient cause;
b. 
Determination that failure to grant the variance would result in exceptional hardship to the applicant; and
c. 
Determination that the granting of a 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 laws or ordinances.
3. 
Any applicant to whom a variance is granted shall be given a written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation and that such construction increases the risk to life and property.
4. 
The Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
5. 
All variances granted shall have the concurrence or approval of the Department of Natural Resources.
[2-24-2021 by Ord. No. 2021-77; Ord. 87-206; Ord. 78-128 (part); prior code § 14.001-13]
The Development & Neighborhood Services Director shall administer and implement the provisions of this chapter and will herein be referred to as the Administrator.
[2-24-2021 by Ord. No. 2021-77; Ord. 87-206; Ord. 78-128 (part); prior code § 14.001-14]
Duties of the Administrator shall include, but not be limited to:
A. 
Review of all permit applications to determine whether proposed building sites will be reasonably safe from flooding;
B. 
Review of all permit applications for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required;
C. 
Notify adjacent communities and/or counties and the Iowa Department of Natural Resources prior to any alteration or relocation of a watercourse, and shall submit evidence of such notification to the Federal Emergency Management Agency;
D. 
Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished;
E. 
Verify and record the actual elevation (in relation to mean sea level - NAVD 88) of the lowest floor including basement of all new or substantially improved structures;
F. 
Verify and record the actual elevation (in relation to mean sea level - NAVD 88) to which the new or substantially improved structures have been floodproofed;
G. 
When floodproofing is utilized for a particular structure, the Administrator shall obtain certification from a registered professional engineer or architect;
H. 
Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Administrator shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Sections 15.44.180 through 15.44.210;
I. 
When base flood elevation data has not been provided in accordance with Section 15.44.070, then the Administrator shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer the provisions of Sections 15.44.080 through 15.44.210.
J. 
All records pertaining to the provisions of this chapter shall be maintained in the office of the Administrator and shall be open for public inspection.
[Ord. 87-206; Ord. 78-128 (part); prior code § 14.001-9]
No structure or land shall hereafter be located, extended, converted, or structurally altered without full compliance with the terms of this chapter and other applicable regulations.
[Ord. 87-206; Ord. 78-128 (part); prior code 14.001-22][1]
A. 
Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $100, or imprisoned for not more than 30 days, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
B. 
Nothing herein contained shall prevent the City or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
[1]
Editor's Note: There were two sections with the same number, i.e., § 14.001-22.
[Ord. 87-206; Ord. 78-128 (part); prior code § 14.001-11]
In the interpretation and application of this chapter, all provisions shall be:
A. 
Considered as minimum requirements;
B. 
Liberally construed in favor of the governing body; and
C. 
Deemed neither to limit nor repeal any other powers granted under state statutes.
[Ord. 87-206; Ord. 78-128 (part); prior code § 14.001-10]
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and no ordinance conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
[Ord. 87-206; Ord. 78-128 (part); prior code § 14.001-12]
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City or by any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
[Ord. 87-206; Ord. 78-128 (part); prior code § 14.001-22][1]
The regulations, restrictions and boundaries set forth in this chapter may from time to time be amended, supplemented, changed or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973; provided, however that no such action may be taken until after public hearing in relation thereto, at which interested parties and citizens shall have an opportunity to be heard. At least 15 days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City. The regulations of this chapter are in compliance with the National Flood insurance Program Regulations as published in the Federal Register Volume 41, Number 207, dated October 26. 1976.
[1]
Editor's Note: There were two sections with the same number, i.e., § 14.001-22.