[HISTORY: Adopted by the City Council of the City of Marion
as Ch. 176, § 176.39, of the 2000 Code. Amendments noted
where applicable.]
It is the intent of this chapter to promote the public health,
safety and general welfare by minimizing flood losses within the City
with provisions designed to:
A.
Reserve sufficient floodplain
area for the conveyance of flood flows so that flood heights and velocities
will not be increased substantially.
B.
Restrict or prohibit uses which
are dangerous to health, safety or property in times of flood or which
cause excessive increases in flood heights or velocities.
C.
Require that uses vulnerable to
floods, including public utilities which serve such uses, be protected
against flood damage at the time of initial construction or substantial
improvement.
D.
Protect individuals from buying
lands which may not be suited for intended purposes because of flood
hazard.
E.
Assure that eligibility is maintained
for property owners in the community to purchase flood insurance through
the National Flood Insurance Program.
A.
The flood hazard areas of the
City are subject to periodic inundation, which can result in loss
of life and property, health and safety hazards, disruption of commerce
and governmental services and impairment of the tax base; all of which
adversely affect the health, safety and general welfare of the community.
B.
These losses, hazards and related
adverse effects are caused by occupancy of flood hazard areas by uses
vulnerable to flood damages which create hazardous conditions as a
result of being inadequately elevated or otherwise protected from
flood and the cumulative effect of floodplain construction on flood
flows, which causes increases in flood heights and floodwater velocities.
C.
This chapter relies upon engineering
methodology for analyzing flood hazards which is consistent with the
standards established by the Department of Natural Resources.
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. As used in this chapter, the following terms shall have
the meanings indicated:
A flood, the magnitude of which has a 1% chance of being
equaled or exceeded in any given year or which, on the average, will
be equaled or exceeded at least once every 100 years.
Any enclosed area of a building which has its floor or lowest
level below ground level (subgrade) on all sides. Also see "lowest
floor."
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
Any structure designed for residential use which is wholly
or in substantial part made, fabricated, formed or assembled in manufacturing
facilities for installation or assembly and installation on a building
site. For the purpose of this chapter, factory-built homes include
mobile homes, manufactured homes and modular homes and also includes
park trailers, travel trailers and other similar vehicles placed on
a site for greater than 180 consecutive days.
A parcel or contiguous parcels of land divided into two or
more factory-built home lots for sale or lease.
A general and temporary condition of partial or complete
inundation of normally dry land areas resulting from the overflow
of streams or rivers or from the unusual and rapid runoff of surface
waters from any source.
The elevation floodwaters would reach at a particular site
during the occurrence of a specific flood. For instance, the 100-year
flood elevation is the elevation of floodwaters related to the occurrence
of the 100-year flood.
The official map prepared as part of (but published separately
from) the Flood Insurance Study which delineates both the flood hazard
areas and the risk-premium zones applicable to the community.
A study initiated, funded and published by the Federal Insurance
Administration for the purpose of evaluating in detail the existence
and severity of flood hazards; providing the City with necessary information
for adopting a floodplain management program; and establishing actuarial
flood insurance rates.
Any land area susceptible to being inundated by water as
a result of a flood.
An overall program of corrective and preventive measures
for reducing flood damages and promoting the wise use of floodplains,
including but not limited to emergency preparedness plans, flood control
works, floodproofing and floodplain management regulations.
Any combination of structural and nonstructural additions,
changes or adjustments to structures, including utility and sanitary
facilities which will reduce or eliminate flood damage to such structures.
The channel of a river or stream and those portions of the
floodplains adjoining the channel, which are reasonably required to
carry and discharge floodwaters or flood flows so that confinement
of flood flows to the floodway area will not result in substantially
higher flood levels and flow velocities.
Those portions of the floodplain, other than the floodway,
which can be filled, leveed or otherwise obstructed without causing
substantially higher flood levels or flow velocities.
The floor of the lowest enclosed area in a building, including
a basement, except when all the following criteria are met:
The enclosed area is designed to flood to equalize hydrostatic pressure during floods with walls or openings that satisfy the provisions of § 163-12D(1); and
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
Machinery and service facilities (e.g., hot water heater, furnace,
electrical service) contained in the enclosed area are located at
least one foot above the 100-year flood level; and
The enclosed area is not a "basement" as defined in this chapter.
Those structures or development for which the start of construction
commenced on or after the effective date of the Flood Insurance Rate
Map, July 5, 1982.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
a temporary living quarters for recreational, camping, travel or seasonal
use.
Includes substantial improvement, and means the date the
development 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"
means either the first placement or permanent construction of a structure
on a site, such as pouring of a slab or footings, the installation
of pile, the construction of columns or any work beyond the stage
of excavation; or the placement of a factory-built home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling; 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 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 the building, whether
or not that alteration affects the external dimensions of the building.
Anything constructed or erected on the ground or attached
to the ground, including, but not limited to, buildings, factories,
sheds, cabins, factory-built homes, storage tanks and other similar
uses.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any repair, reconstruction or improvement of a structure, the
cost of which equals or exceeds 50% of the market value of the structure
either (i) before the start of construction of the improvement, or
(ii) if the structure has been substantially damaged and is being
restored, before the damage occurred. The term does not, however,
include any project for improvement of a structure to comply with
existing state or local health, sanitary or safety code specifications
which are solely necessary to assure safe conditions for the existing
use. The term also does not include any alteration of an historic
structure, provided the alteration will not preclude the structure's
continued designation as an historic structure.
Any addition which increases the original floor area of a building
by 25% or more. All additions constructed after the effective date
of the Flood Insurance Rate Map shall be added to any proposed addition
in determining whether the total increase in original floor space
would exceed 25%.
[Ord. No. 10-04]
The provisions of this chapter shall apply to all lands within
the jurisdiction of the City shown on the Flood Insurance Rate Map
to be within the 100-year flood boundaries. The Floodplain (Overlay)
District boundaries shall be as shown on the Flood Insurance Rate
Maps (FIRM) for Linn County and Incorporated Areas, City of Marion,
Panels 19113C0295D, 0303D, 0304D, 0308D, 0311D, 0312D, 0313D, 0314D,
0316D, 0318D and 0320D, dated April 5, 2010, which are hereby adopted
by reference and declared to be the Official Floodplain Insurance
Rate Map. The flood profiles and all explanatory material contained
with the Flood Insurance Study and the Flood Insurance Rate Maps are
also hereby adopted by reference and declared to be a part of this
chapter.
[Amended 8-17-2023 by Ord. No. 23-21]
The boundaries of the floodplain and floodway districts shall be determined by scaling distances on the Official Floodplain Zoning Map. Where interpretation is needed as to the exact location of the boundaries as shown on the Official Floodplain Zoning Map, the City Engineer shall make the necessary interpretation, subject to appeal as set forth in § 163-20 of this chapter. The person contesting the location of the district boundary shall be given two reasonable opportunities to present their case and submit technical evidence.
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.
It is not intended by this chapter to repeal, abrogate or impair
any existing easements, covenants or deed restrictions. However, where
this chapter imposes greater restrictions, the provisions of this
chapter shall prevail. Any ordinances inconsistent with this chapter
are hereby repealed to the extent of the inconsistency only.
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.
The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on engineering and
scientific methods of study. Larger floods may occur on rare occasions.
Flood heights may be increased by man-made or natural causes, such
as ice jams and bridge openings restricted by debris. This chapter
does not imply that areas outside the floodplain districts will be
free from flooding or flood damages. This chapter shall not create
liability on the part of the City or any officer or employee thereof
for such flood damages that result from reliance on this chapter or
any administrative decision lawfully made thereunder.
The floodplain areas within the jurisdiction of this chapter
are classified into the following districts:
A.
Floodway (Overlay) District.
The Floodway District shall be consistent with the boundaries of the
floodway as shown on the Official Floodplain Zoning Map.
B.
Floodway Fringe (Overlay) District.
The Floodway Fringe District shall be those areas shown as floodway
fringe on the Official Floodplain Zoning Map.
C.
General Floodplain (Overlay)
District. The General Floodplain District shall be those areas shown
on the Official Floodplain Zoning Map as being within the approximate
100-year flood boundary.
D.
Shallow Flooding (Overlay) District.
The Shallow Flooding District shall be those areas shown on the Official
Floodplain Zoning Map as being within the 100-year flood boundary
and identified on the Flood Insurance Rate Map as AO or AH Zones.
A.
Permitted uses. The following
uses shall be permitted within the Floodway District to the extent
they are not prohibited by the underlying zoning district or any other
ordinance and provided they do not include placement of structures,
factory-built homes, fill or other obstruction, the storage of material
or equipment, excavation or alteration of a watercourse:
(1)
Agricultural uses such as
general farming, pasture, grazing, outdoor plant nurseries, horticulture,
viticulture, forestry, sod farming and wild crop harvesting.
(2)
Industrial and commercial
accessory uses such as loading areas, parking areas, airport landing
strips.
(3)
Private and public recreational
uses such as golf courses, tennis courts, driving ranges, archery
ranges, picnic grounds, boat launching ramps, swimming areas, parks,
wildlife and nature preserves, game farms, fish hatcheries, shooting
preserves, target ranges, trap and skeet ranges, hunting and fishing
areas, hiking and horseback riding trails.
(4)
Accessory residential uses
such as lawns, gardens, parking areas and play areas.
(5)
Such other open space uses
similar in nature to the above uses.
B.
Conditional uses. The following conditional uses which involve structures (temporary or permanent), fill, storage of materials or equipment are permitted in the Floodway District only when authorized by the Board of Adjustment as provided for in § 163-20. Such uses must also meet the applicable provisions of the Floodway District performance standards in Subsection C.
(1)
Uses or structures accessory
to open space uses.
(2)
Circuses, carnivals and similar
transient amusement enterprises.
(3)
New and used car lots, signs
and billboards.
(4)
Extraction of sand, gravel
and other materials.
(5)
Marinas, boat rentals, docks,
piers and wharves.
(6)
Utility transmission lines
and underground pipelines.
(7)
Similar and compatible uses
to those allowed as principal permitted or conditional uses in this
district.
C.
Performance standards. All Floodway
District uses allowed as a permitted or conditional use shall meet
the following standards:
(1)
No use shall be permitted
in the Floodway District that would result in any increase in the
100-year flood level. Consideration of the effects of any development
on flood levels shall be based upon the assumption that an equal degree
of development would be allowed for similarly situated lands.
(3)
No use shall affect the capacity
or conveyance of the channel or floodway of any tributary to the mainstream,
drainage ditch or any other facility or system.
(4)
Structures, buildings and
sanitary and utility systems, if permitted, shall meet the applicable
performance standards of the Floodway Fringe District and shall be
constructed or aligned to present the minimum possible resistance
to flood flows.
(5)
Buildings, if permitted,
shall have a low flood damage potential and shall not be for human
habitation.
(6)
Storage of materials or equipment
that are buoyant, flammable, explosive or injurious to human, animal
or plant life is prohibited. Storage of other material may be allowed
if readily removable from the Floodway District within the time available
after flood warning.
(7)
Watercourse alterations or
relocations (channel changes and modifications) must be designed to
maintain the flood-carrying capability within the altered or relocated
portion. In addition, such alterations or relocations must be approved
by the Department of Natural Resources.
(8)
Any fill allowed in the floodway
must be shown to have some beneficial purpose and shall be limited
to the minimum amount necessary.
(9)
Pipeline stream 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 flows.
All uses within the Floodway Fringe District shall be permitted
to the extent that they are not prohibited by the underlying zoning
district or any other ordinance and provided they meet applicable
performance standards of the Floodway Fringe District. All uses must
be consistent with the need to minimize flood damage and shall meet
the following applicable performance standards.
B.
Residential buildings. All new
or substantially improved residential structures shall have the lowest
floor, including basement, elevated a minimum of one foot above the
100-year flood level. Construction shall be upon compacted fill which
shall, at all points, be no lower than one foot above the 100-year
flood level and extend at such elevation at least 18 feet beyond the
limits of any structure erected thereon. Alternate methods of elevating
(such as piers) may be allowed, subject to favorable consideration
by the Board of Adjustment, 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. All new residential
structures shall be provided with a means of access which will be
passable by wheeled vehicles during the 100-year flood.
C.
Nonresidential buildings. All
new or substantially improved nonresidential buildings shall have
the lowest floor (including basement) elevated a minimum of one foot
above the 100-year flood level 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 100-year flood; and that
the structure, below the 100-year flood level, is watertight with
walls substantially impermeable to the passage of water. A record
of the certification indicating the specific elevation (in relation
to National Geodetic Vertical Datum) to which any structures are floodproofed
shall be maintained by the City Engineer.
D.
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 floodwaters.
Designs for meeting this requirement must either be certified by a
registered professional engineer or meet or exceed the following minimum
criteria:
(a)
A minimum of two openings
having a total net area of not less than one square inch for every
square foot of enclosed area subject to flooding shall be provided.
(b)
The bottom of all openings
shall be no higher than one foot above grade.
(c)
Openings may be equipped
with screens, louvers, valves or other coverings or devices, provided
they permit the automatic entry and exit of floodwaters.
(2)
New and substantially improved
structures must be designed (or modified) and adequately anchored
to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy.
(3)
New and substantially improved
structures must be constructed with electrical, heating, ventilation,
plumbing and air conditioning equipment and other service facilities
that are designed and/or located so as to prevent water from entering
or accumulating within the components during conditions of flooding.
E.
Factory-built homes shall meet
the following standards:
(1)
Factory-built homes, including
those placed in an existing factory-built home park or subdivision,
shall be anchored to resist flotation, collapse or lateral movement.
(2)
Factory-built homes, including
those placed in existing factory-built home parks or subdivisions,
shall be elevated on a permanent foundation such that the lowest floor
of the structure is a minimum of one foot above the 100-year flood
level.
F.
Utility and sanitary systems.
(1)
On-site waste disposal 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 floodwaters into the system as well as the discharge of effluent
into floodwaters. Wastewater treatment facilities shall be provided
with a level of flood protection equal to or greater than one foot
above the 100-year flood elevation.
(3)
New or replacement water
supply systems shall be designed to minimize or eliminate infiltration
of floodwaters into the system. Water supply treatment facilities
shall be provided with a level of protection equal to or greater than
one foot above the 100-year flood elevation.
(4)
Utilities such as gas or
electrical systems shall be located and constructed to minimize or
eliminate flood damage to the system and the risk associated with
such flood-damaged or -impaired systems.
G.
Storage of materials and equipment
that are flammable, explosive or injurious to human, animal or plant
life is prohibited unless elevated a minimum of one foot above the
100-year flood level. Other material and equipment must either be
similarly elevated or:
H.
Flood control structural works
such as levees, flood-walls, etc. shall provide, at a minimum, protection
from a 100-year flood with a minimum of three feet of design freeboard
and shall provide for adequate interior drainage. In addition, structural
flood control works shall be approved by the Department of Natural
Resources.
I.
No use shall affect the capacity
or conveyance of the channel or floodway of any tributary to the mainstream,
drainage ditch or other drainage facility or system.
J.
Subdivisions (including factory-built
home parks and subdivisions) shall be consistent with the need to
minimize flood damages and shall have adequate drainage provided to
reduce exposure to flood damage. Development associated with subdivision
lots intended for residential development shall provide all lots with
a means of vehicular access that will remain above the flood level
during occurrence of the 100-year flood.
[Ord. No. 10-04]
(1)
Development associated with
subdivision proposals (including the installation of public utilities)
shall meet the applicable standards of this chapter.
(2)
Proposals for subdivisions
greater than five acres or 50 lots (whichever is less) shall include
100-year flood elevation data for those areas located within the Floodplain
(Overlay) District.
K.
The exemption of detached garages,
sheds and similar structures from the 100-year flood elevation requirements
may result in increased premium rates for insurance coverage of the
structure and contents; however, said detached garages, sheds and
similar accessory type structures are exempt from the 100-year flood
elevation requirements when:
(1)
The structure shall not be
used for human habitation.
(2)
The structure shall be designed
to have low flood damage potential.
(3)
The structure shall be constructed
and placed on the building site so as to offer minimum resistance
to the flow of floodwaters.
(4)
Structures shall be firmly
anchored to prevent flotation which may result in damage to other
structures.
(5)
The service facilities of
the structures, such as electrical and heating equipment, shall be
elevated or floodproofed to at least one foot above the 100-year flood
level.
L.
Recreational vehicles.
[Ord. No. 10-04]
(1)
Recreational vehicles are exempt from the requirements of Subsection E (factory-built homes) of this section 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 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 the requirements of this chapter
regarding anchoring and elevation of factory-built homes.
A.
Permitted uses. The following
uses shall be permitted within the General Floodplain District to
the extent they are not prohibited by the underlying zoning district
or any other ordinance and provided they do not include placement
of structures, factory-built homes, fill or other obstructions; the
storage of materials or equipment; excavation or alteration of a watercourse.
(1)
Agricultural uses such as
general farming, pasture, grazing, outdoor plant nurseries, horticulture,
viticulture, truck farming, forestry, sod farming and wild crop harvesting.
(2)
Industrial-commercial uses
such as loading areas, parking areas and airport landing strips.
(3)
Private and public recreation
uses such as golf courses, tennis courts, driving ranges, archery
ranges, picnic grounds, boat launching ramps, swimming areas, parks,
wildlife and nature preserves, game farms, fish hatcheries, shooting
preserves, target ranges, trap and skeet ranges, hunting and fishing
areas, hiking and horseback riding trails.
(4)
Residential uses such as
lawns, gardens, parking areas and play areas.
B.
Conditional uses. Any use which involves placement of structures, factory-built homes, fill or other obstructions; the storage of materials or equipment; excavation or alteration of a watercourse may be allowed only upon issuance of a conditional use permit by the Board of Adjustment as provided for in § 163-20. In addition, all such conditional uses shall be reviewed by the Department of Natural Resources to determine (i) whether the land involved is either wholly or partly within the floodway or floodway fringe and (ii) the 100-year flood level. The applicant shall be responsible for providing the Department of Natural Resources with sufficient technical information to make the determination as to whether the land is in the floodway or floodway fringe.
C.
Performance standards.
(1)
All conditional uses, or
portions thereof, to be located in the floodway as determined by the
Department of Natural Resources shall meet the applicable provisions
and standards of the Floodway (Overlay) District.
(2)
All conditional uses, or
portions thereof, to be located in the floodway fringe as determined
by the Department of Natural Resources shall meet the applicable standards
of the Floodway Fringe (Overlay) District.
All uses within the Shallow Flooding District shall be permitted
to the extent that they are not prohibited by the underlying zoning
district or any other ordinance and provided they meet the applicable
performance standards of the Shallow Flooding District. The performance
standards of the Shallow Flooding District shall be the same as the
performance standards for the Floodway Fringe District with the following
exceptions:
A.
In shallow flooding areas designated
as an AO Zone on the Flood Insurance Rate Map, the minimum floodproofing/flood
protection elevation shall be equal to the number of feet as specified
on the Rate Map above the crown of the nearest street.
B.
In shallow flooding areas designated
as an AH Zone on the Flood Insurance Rate Map, the minimum floodproofing/flood
protection elevation shall be equal to the elevation as specified
on the Rate Map.
The City Engineer shall administer and enforce this chapter.
The duties and responsibilities of the City Engineer include, but
are not necessarily limited to, the following:
A.
Review all floodplain development
permit applications to ensure that the provisions of this chapter
will be satisfied.
B.
Review all floodplain development
permit applications to ensure that all necessary permits and approvals
have been obtained from federal, state or local governmental agencies.
D.
Notify adjacent communities and/or
counties and the Department of Natural Resources prior to any proposed
alteration or relocation of a watercourse and submit evidence of such
notifications to the Federal Insurance Administrator.
E.
Keep a record of all permits,
appeals, variances and such other transactions and correspondence
pertaining to the administration of this 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
Administration 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 Council of potential conflicts.
A floodplain development permit issued by the City Engineer
shall be secured prior to initiation of any floodplain development.
Floodplain development shall include any man-made changes to improved
or unimproved real estate, such as buildings or other structures,
mining, filling, grading, paving, excavation, drilling operations
or placement of factory-built homes.
[Ord. No. 08-14]
A.
Application for a floodplain
development permit shall be made on forms supplied by the City Engineer
and shall include the following information:
(1)
Description of the proposed
work to be covered by the permit.
(2)
Identification of the land
on which the proposed work is to be done.
(3)
Type of use or occupancy
for which the proposed work is intended.
(4)
Elevation of the 100-year
flood.
(5)
Elevation (in relation to
National Geodetic Vertical Datum) of the lowest floor (including basement)
of buildings or of the level to which a building is floodproofed.
(6)
For buildings being improved
or rebuilt, the estimated cost of improvements and market value of
the building prior to the improvements.
(7)
Such other information as
the City Engineer deems reasonably necessary for the purpose of this
chapter.
B.
The application for a floodplain
development permit shall be accompanied by permit fee, which is nonrefundable.
The fee for a floodplain development permit shall be established by
Council resolution to reflect the current costs of issuing the permit
and supervising, regulating and inspecting the work.
The City Engineer shall, within a reasonable time, make a determination
as to whether the proposed floodplain development meets the applicable
provisions and standards of this chapter and shall approve or disapprove
the application. For disapprovals, the applicant shall be informed,
in writing, as to the specific reasons for disapproval. The City Engineer
shall not issue permits for conditional uses or variances except as
directed by the Board of Adjustment.
Floodplain development permits issued on the basis of approved
plans and applications authorize only the use, arrangement and construction
set forth in such approved plans and applications and no other use,
arrangement or construction. Any use, arrangement or construction
at variance with the approved plans and applications shall be deemed
a violation of this chapter. Prior to the applicant requesting a final
building inspection for occupancy, the applicant shall be required
to submit certification by a professional engineer or land surveyor
registered in the State of Iowa that the finished fill, building floor
elevations, floodproofing or other flood protection measures were
accomplished in compliance with the provisions of this chapter, prior
to the use or occupancy of any structure.
B.
Variances from the terms of this
chapter must meet the following standards:
(1)
All variances as granted
must have the concurrence or approval of the Department of Natural
Resources.
(2)
No variance shall be granted
for any development within the Floodway District which would result
in any increase in the 100-year flood level. Consideration of the
effects of any development on flood levels shall be based upon the
assumption that an equal degree of development would be allowed for
similarly situated lands.
(3)
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, or cause fraud on or victimization
of the public.
(4)
A determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
C.
In cases where the variance involves
a lower level of flood protection for buildings than what is ordinarily
required by this chapter, the applicant shall be notified in writing
by the City Engineer that 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 such construction increases
risks to life and property.
In passing upon applications for conditional uses, variances or appeals, the Board of Adjustment shall consider the factors set forth in Chapter 340, Zoning, § 340-11.1, and:
A.
The danger to life and property
due to increased flood heights or velocities caused by encroachments.
B.
The danger that materials may
be swept onto other land or downstream to the injury of others.
C.
The proposed water supply and
sanitary systems and the ability of these systems to prevent disease,
contamination and unsanitary conditions.
D.
The susceptibility of the proposed
facility and its contents to flood damage and the effect of such damage
on the individual owner.
E.
The importance of the services
provided by the proposed facility to the City.
F.
The requirements of the facility
for a floodplain location.
G.
The availability of alternate
locations not subject to flooding for the proposed use.
H.
The compatibility of the proposed
use with existing and projected development.
I.
The relationship of the proposed
use to the Comprehensive Plan and floodplain management program for
the area.
J.
The safety of access to the property
in times of flood for ordinary and emergency vehicles.
K.
The expected heights, velocity,
duration, rate of rise and sediment transport of the floodwater expected
at the site.
L.
Such other factors which are
relevant to the purpose of this chapter.
Upon consideration of the factors listed in § 163-21 above, the Board of Adjustment may attach such conditions to the granting of a conditional use or variance as it deems necessary to further the purpose of this chapter. Such conditions may include, but not necessarily be limited to:
A.
Modification of waste disposal
and water supply facilities.
B.
Limitation on periods of use
and operation.
C.
Imposition of operational controls,
sureties and deed restrictions.
D.
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.
E.
Floodproofing measures which
are 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 floodproofing measures are consistent with the regulatory
flood protection elevation and associated flood factors for the particular
area.
A.
A structure or the use of a structure
or land which was lawful before the passage or amendment of this chapter,
but which is not in conformity with the provisions of this chapter,
may be continued subject to the following conditions:
(1)
If such use is discontinued
for 24 consecutive months, any future use of the property shall conform
to this chapter. The County Assessor shall notify the City Engineer
in writing of instances of nonconforming uses which have been discontinued
for 24 months.
(2)
Uses or accessory uses thereof
which are or become nuisances shall not be entitled to continue as
nonconforming uses.
(3)
If any nonconforming use
or structure is destroyed by any means, including flood, to the extent
of 50% or more of its value prior to destruction, it shall not be
reconstructed except in conformity with the provisions of this chapter.
(4)
No such use shall be expanded,
changed, enlarged or altered in a way which increases its degree of
nonconformity.
(5)
No structural alteration,
addition or repair to any nonconforming structure shall exceed 50%
of its value at the time of it becoming a nonconforming use, unless
the structure is permanently changed to a conforming use.
The regulations, restrictions and boundaries set forth in this chapter may from time to time be amended, supplemented, changed or repealed as provided in the Code of Iowa and Chapter 340, Zoning, of the Code of Ordinances. However, no amendment, supplement, change or modification shall be adopted without prior approval from the Department of Natural Resources.
Violations of this chapter or failure to comply with any of the requirements (including violations of conditions and safeguards established in connection with grants of conditional uses or variances) shall constitute a misdemeanor and may be punished as provided in § 1-6 of this Code of Ordinances. Each day a violation continues shall be considered a separate offense. Nothing herein contained prevents the City from taking such other lawful action as is necessary to prevent or remedy a violation, including but not limited to actions under Chapter 55, Article I of this Code of Ordinances.
