HomeMy WebLinkAbout2001-02-08-Regular MinutesWAUKEE CITY COUNCIL MINUTES
FEBRUARY 8,2001
I.Call to Order -The February 8 meeting of the Waukee City Council was called to
order by Mayor Bailey at 7:00PM.
2.Roll Call -The following members were present;Mayor Donald L.Bailey,Jr.and
Council members Nicholas Gruber,Marvin Berger,Mike Watts and Wayne Johnson.
Councilman Bill Peard was absent.Also present were budget committee members Jerry
Steele,Mark Leslie and Jeff Heemstra.
3.Open Forum -The Mayor inquired as to whether anyone desired to comment on the
Open F011lm item on the agenda.There was no response.
4.Agenda Additions/Approval -Mayor Bailey indicated that Dallas County
Development (DCD)Treasurer Doran Ryan has asked to address the Council regarding
the City's contribution to DCD.A motion was made by Gruber seconded by Johnson to
approve the agenda with the exception that Mr.Ryan be allowed to address the Council
prior to taking up any other items.Motion passed unanimously.Motion carried 4-0.
City Administrator Mark Arentsen stated that the amount requested by DCD for FY 2002
is $7,614.The payment for the current fiscal year is $4,263.City Administrator Mark
Arentsen stated the $5,000 is included in the proposed budget for DCD.Mayor Bailey
stated that DCD is requesting an increase in the contribution rate from each community
from $1.25 per capita to $1.50.DCD originally had funding from the State,which is no
longer available.Dallas County is providing the funding for two employees plus office
space.Costs to operate the agency are increasing resulting in the funding request
increase.All communities in Dallas County except Woodward or Bouton are members
of DCD.Mr.Ryan stated that as far as he knows all member communities are planning
to provide the funding amount requested.Mayor Bailey stated that DCD had assisted
with the Gilcrest-Jewett relocation to the City.Councilman Watts stated that DCD had
not provided any significant benefit to the City.Councilman Johnson stated that he felt
there were benefits to the City maintaining its membership.A motion was offered by
Councilman Gruber seconded by Councilman Watts to provide the funding requested to
DCD.A roll call vote was taken with Councilmen Gruber,Berger and Johnson voting
aye.Councilman Watts voted nay.Motion passed.Motion carried 4-0.
5.Resolution approving Floodplain Management Program -A motion was offered by
Gruber seconded by Berger approving the resolution authorizing City participation in the
Floodplain Management Program.A roll call vote was taken with the motion passing
unanimously.Motion carried 4-0.
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The City of Waukee,Iowa ~1
IN THE NAME AND BY AUTHORITY OF THE CITY OF WAUKEE,IOWA
RESOLUTION APPROVING FLOOD PLAIN MANAGEMENT
PROGRAM
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
RESOLUTION 01-16
The National Flood Insurance Program (NFIP)is a Federal
Program enabling property owners in participating communities to
purchase insurance protection against losses from flooding;and
The NFIP was established because of mounting flood losses and
escalating costs of disaster relief to general taxpayers;and
The United State's Congress established the NFIP with the passage
of the National Flood Insurance Act of 1968;and
Flood is defined in the Standard Flood Insurance Policy (SFIP),in
part,as:]
A general and temporary condition of partial or complete
inundation of normally dry land areas from overflow of inland or
tidal waters or from the unusual and rapid accumulation or runoff
of surface waters from any source;and
Through the NFIP,property owners in participating communities
are able to insure against flood losses;and
Community participation is voluntary and not mandatory;and
The Federal Emergency Management Agency may be reached toll
free at 1-800-427-4661.'
I
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NOW,THEREFORE,the City of Waukee,Iowa does hereby approve the Flood Plain
Management Program on this 5th day of February 2001.
IN TESTIMONY WHEREOF,I have hereunto
subscribed my name and caused the Great Seal for the City
of Waukee,Iowa to be affixed.Done this 8th day of
January in the year of our Lord Two Thousand One.
Mayor Donald L.Bailey,Jr.
Attest:
Mark Arentsen,City Administrator/Clerk
ROLLCALL A YES NAYS ABSENT
Nicholas Gruber
Marvin Berger
Mike Watts
Bill Peard
Wayne Johnson
x
X
X
X
X
6.Establishing a Floodplain Management Ordinance -The ordinance was introduced by
Councilman Berger.A motion was then made by Councilman Gruber seconded by
Councilman Watts to have the first reading of the ordinance in title only.A roll call vote
was taken with the motion passing unanimously.The title to the ordinance was read by
Mayor Bailey.A motion was then made by Councilman Gruber seconded by
Councilman Berger to waive the second and third readings of the ordinance.A roll call
vote was taken with the motion passing unanimously.A motion was then made by
Councilman Gruber seconded by Councilman Berger to place the ordinance on its final
passage.Motion passed unanimously on a roll call vote and Mayor Bailey declared the
ordinance approved.Motion carried 4-0
ORDINANCE 2339
FLOOD PLAIN MANAGEMENT ORDINANCE
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SECTION I -Statutory Authority,Findings of Fact and Purpose
A.The Legislature of the State of Iowa has in Chapter 414,Code of Iowa,as
amended,delegated the power to cities to enact zoning regulations to secure
safety from flood and to promote health and the general welfare.
B.Findings of Fact
1.The flood hazard areas of the City of Waukee are subject to periodic
inundation which can result in loss of life and 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 of the community.
2.These flood losses,hazards,and related adverse effects are caused by:
(i)The occupancy of flood hazard areas by uses vulnerable to flood
damages which create hazardous conditions as a result of being
inadequately elevated or otherwise protected from flooding and (ii)the
cumulative effect of obstructions on the flood plain causing increases
in flood heights and velocities.
3.This ordinance relies upon engineering methodology for analyzing
flood hazards which is consistent with the standards established by the
Department of Natural Resources.
C.Statement of Purpose
It is the purpose of this Ordinance to protect and preserve the rights,privileges and
property of the City of Waukee and its residents and to preserve and improve the
peace,safety,health,welfare,and comfort and convenience of its residents by
minimizing those flood losses described in Section IE 1 of this Ordinance with
provisions designed to:
1.Reserve sufficient flood plain area for the conveyance of flood flows so that
flood heights and velocities will not be increased substantially.
2.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.
3.Require that uses vulnerable to floods,including public facilities which serve
such uses,be protected against flood damage at the time of initial construction
or substantial improvement.
4.Protect individuals from buying lands which may not be suited for intended
purposes because of flood hazard.
5.Assure that eligibility is maintained for property owners in the community to
purchase flood insurance through the National Flood Insurance Program.
SECTION II -General Provisions
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A.Lands to Which Ordinance Apply
The provisions of this Ordinance shall apply to all lands within the jurisdiction of the
City of Waukee shown on the Official Flood Plain Zoning Map is being within the
boundaries of the Floodway,Floodway Fringe,General Flood Plain and Shallow
Flooding (Overlay)District,as established in Section III.
B.Establishment of Official Flood Plain Zoning Map
The Flood Insurance Rate Map(s)prepared as part of the Flood Insurance Study for the
City of Waukee,dated (date )is hereby adopted by reference and declared to
be the Official Flood Plain Zoning Map.The flood profiles and all explanatory material
contained with the Flood Insurance Study are also declared to be a part of this ordinance.
C.Rules for Interpretation of District Boundaries
The boundaries of the zoning district areas shall be determined by scaling distances on
the Official Flood Plain Zoning Map.When an interpretation is needed as to the exact
location of a boundary,the Zoning Administrator shall make the necessary interpretation.
The Appeal Board shall hear and decide appeals when it is alleged that there is an error in
any requirement,decision,or determination make by the Zoning Administrator in the
enforcement or administration of this Ordinance.
D.Compliance
No structure or land shall hereafter be used and no structure shall be located,extended,
converted or structurally altered without full compliance with the terms of this Ordinance
and other applicable regulations which apply to uses within the jurisdiction of the
Ordinance,
E.Abrogation and Greater Restrictions
It is not intended by this Ordinance to repeal,abrogate or impair any existing easements,
covenants,or deed restrictions.However,where this Ordinance imposes greater
restrictions,the provision of this Ordinance are hereby repealed to the extent of the
inconsistency only.
F.Interpretation
In their interpretation and application,the provisions of this Ordinance shall be held to be
minimum requirements and shall be liberally construed in favor of the governing body
and shall not be deemed a limitation or repeal of any other powers granted by State
statutes.
G.Warning and Disclaimer of Liability
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The standards required by this Ordinance are considered reasonable for regulatory
purposes.This Ordinance does not imply that areas outside the designated Flood Plain
(Overlay)District areas will be free form flooding or flood damages.This Ordinance
shall not create liability on the part of the City of Waukee or any officer or employee
thereof for any flood damages that from reliance on this Ordinance or any administrative
decision lawfully make thereunder.
H.Severability
If any section,clause,provision or portion of the Ordinance is adjudged unconstitutional
or invalid by a court of competent jurisdiction,the remainder of this Ordinance shall not
be affected thereby.
SECTION III -Establishment of Zoning (Overlay)Districts
The flood plain areas within the jurisdiction of this ordinance are hereby divided into the
following districts;(i)Floodway District (FW),(ii)Floodway Fringe District (FF),(iii)
General Flood Plain District (FP)and (iv)Shallow Flooding District (SF).The
boundaries shall be as shown on the Official Flood Plain Zoning Map.Within these
districts,all uses not allowed as Permitted Uses or permissible as Conditional Uses are
prohibited unless a variance to the terms of this ordinance is granted after due
consideration by the appeal board.jSECTIONIV-Floodway (Overlay)District (FW)
A.Permitted Uses
The following uses shall be permitted within the Floodway District to the extent
they are not prohibited by any other ordinance (or underlying zoning district)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,viticulture,truck farming,forestry,sod farming and wild crop
harvesting.
2.Industrial-commercial 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 horseback riding trails.
4.Residential uses such as lawns,gardens,parking areas and play areas.
5.Such other open-space uses similar in nature to the above uses.1
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B.Conditional Uses
The following uses which involve structures (temporary or permanent),fill,
storage of materials or equipment,excavation or alteration of a watercourse may be
permitted only upon issuance of a Conditional Use Permit by the Board of Adjustment as
provided for in Section VIII C.Such uses must also meet the applicable provisions of the
Floodway District Performance Standards.
1.Uses or structures accessory to open-space uses.
2.Circuses,carnivals,and similar transient amusement enterprises.
3.Drive-in theaters,new and used car lots,roadside stands,signs and billboards.
4.Extraction of sands,gravel and other materials,
5.Marinas,boat rentals,docks,piers and wharves.
6.Utility transmission lines and underground pipelines.
7.Other uses similar in nature to uses described in Section IV A or B which are
consistent with the provisions of Section IV C and the general spirit and purpose
of this ordinance.
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 lOO-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.
2.All uses within the Floodway District shall:
a.Be consistent with the need to minimize flood damage.
b.Use construction methods and practices that will minimize flood
damage.
c.Use construction materials and utility equipment that are resistant
to flood damage.
3.No use 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 or
system.
4.Structures,buildings and sanitary and utility systems,if permitted,shall meet the
applicable performance standards of the Floodway Hinge 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.
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7.Watercourse alterations or relocations (channel changes and modifications)must
be designed to maintain the flood carrying capacity 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 liver or stream crossings shall be buried in the streambed and banks or
otherwise sufficiently protected to prevent rupture due to channel degradation and
meandering or due to the action of flood flows.
SECTION V -Floodway Fringe (Overlay)District FF
A.Permitted Uses
All uses within the Floodway Fringe District shall be permitted to the extent that
they are not prohibited by any other ordinance (or underlying zoning district)and
provided they meet applicable performance standards of the Floodway Fringe
District.
B.Performance Standards
All uses must be consistent with the need to minimize flood damage and
meet the following applicable performance standards.
1.All structures shall:]
a.Be adequately anchored to prevent flotation,collapse or lateral
movement of the structure.
b.Use construction methods and practices that will minimize flood
damage.
2.Residential buildings -All new or substantially improved residential
structures shall have the lowest floor,including basement,elevated a
minimum of one (1)foot above the lOa-year flood level.Construction
shall be upon compacted fill which shall,at all points,be no lower
than 1.0 ft.above the lOa-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 lOa-year flood.
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3.Non-residential buildings All new or substantially improved non-
residential buildings shall have the lowest floor (including basement)
elevated a minimum of one (1)foot above the lOO-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 IOO-year flood;and that the structure,below the lOO-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 Administrator.
4.All new and substantially improved structures:
a.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:
(1)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.
(2)The bottom of all openings shall be no higher than one foot
above grade.
(3)Openings may be equipped with screens,louvers,valves,or
other coverings or devices provided 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.
b.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.
c.New and substantially improved structures must be constructed
with electrical,heating,ventilation,plumbing,and air conditioning
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equipment and other service facilities that are designed and/or
located so as to prevent water form entering or accumulating
within the components during conditions of flooding.
5.Factory-built homes:
a.All 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 (1)foot above the IOO-year flood level.
b.All factory-built homes,including those placed in existing factory-
built home parks or subdivisions,shall be anchored to resist
flotation,collapse,or lateral movement.Methods of anchoring
may include,but are not limited to,use of over-the-top or frame
ties to ground anchors.
6.Utility and Sanitary Systems:
a.On-site waste disposal and water supply systems shall be located
or designed to avoid impairment to the system or contamination
from the system during flooding.
b.All new and replacement sanitary sewage systems shall be
designed to minimize and eliminate infiltration of flood waters into
the system as well as the discharge of effluent into flood waters.
Wastewater treatment facilities (other than on-site systems)shall
be provided with a level of flood protection equal to or greater than
one (1)foot above the IOO-year flood elevation.
c.New or replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system.
Water supply treatment facilities (other than on-site systems)shall
be provided with a level of protection equal to or greater than one
(1)foot above the IOO-year flood elevation.
d.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.
7.Storage of matelials and equipment that are flammable,explosive or
injurious to human,animal or plant life is prohibited unless elevated a
minimum of one (1)foot above the IOO-year flood level.Other material
and equipment must either be similarly elevated or (i)not be subject to
major flood damage and be anchored to prevent movement due to flood
waters or (ii)be readily removable from the area within the time available
after flood warning.I
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8.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 3 ft.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.
9.Watercourse alterations or relocations must be designed to maintain the
flood within the altered or relocated portion.
10.Subdivisions (including factory-built home parks and subdivisions)shall
be consistent with the need to minimize flood damages and shall have
adequate drainage provided to reduce exposure to flood damage.
Development associated with subdivision proposals (including the
installation of public utilities)shall meet the applicable performance
standards of this Ordinance.Subdivision proposals intended for
residential use shall provide all lots with a means of access which will be
passable by wheeled vehicles during the 100-year flood.Proposals for
subdivisions greater than five (5)acres or fifty (50)lots (whichever is less)
shall include 100-year flood elevation data for those areas located within
the Flood Plain (Overlay)District.
11.Accessory Structures
a.Detached garages sheds,and similar structures accessory to a
residential use are exempt from the 100-year flood elevation
requirements where the following criteria are satisfied.
(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)The structure shall be firmly anchored to prevent flotation
which may result in damage to other structures.
(5)The structure's service facilities such as electrical and
heating equipment shall be elevated or floodproofed to at
least one foot above the lOG-year flood level.
b.Exemption from the lOG-year flood elevation requirements for
such a structure may result in increased premium rates for flood
insurance coverage of the structure and its contents.
12.Recreational vehicles
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a.Recreational vehicles are exempt from the requirements of Section
IV B5 of this Ordinance regarding anchoring and elevation of
factory-built homes when the following criteria are satisfied.I
(1)The recreational vehicle shall be located on the site for less
than 180 consecutive days,and,
(2)The recreational vehicle must be fully licensed and ready
for highway use.A recreational vehicle is ready for
highway use if it is on its wheels or jacking system and is
attached to the site only by quick disconnect type utilities
and security devices and has no permanently attached
additions.
b.Recreational vehicles that are located on the site for more than 180
consecutive days and are not ready for highway use must satisfy
requirements of Section IV B5 of this Ordinance regarding
anchoring and elevation of factory-built homes.
13.Pipeline liver and stream crossings shall be buried in the streambed and
banks,or otherwise sufficiently protected to prevent rupture due to
channel degradation and meandering.
SECTION VI -General Flood Plain (Overlay)District FP 1
A.Permitted Uses
The following uses shall be permitted within the General Flood Plain district to
the extent they are not prohibited by any other ordinance (or underlying zoning
district)and provided they do not include placement of structures,factory-built
home,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,huck farming,forestry,sod fanning and
wild crop harvesting.
2.Industrial-commercial 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.Residential uses such as lawns,gardens,parking areas and play areas.
JB.Conditional Uses
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Any uses which involve placement of structures,factory-built homes,fill or other
obstructions,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 Section VIII C.All such 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.
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 on the Floodway (Overlay)District
(Section N).
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 provisions and standards of the Floodway Fringe (Overlay)
District (Section V).
SECTION vn -Shallow Flooding (Overlay)District (SF)
A.Permitted Uses
All uses within the Shallow Flooding District shall be permitted to the extent that
they are not prohibited by any other ordinance (or underlying zoning district)and
provided they meet the applicable performance standards of the Shallow Flooding
District.
B.Performance Standards
The performance standards for the Shallow Flooding District shall be the same as
the performance standards for the Floodway Fringe District with the following
exceptions:
1.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 FIRM (or
minimum of 2.0 ft.if no number is specified)above the highest natural
grade adjacent to the structure.
2.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 FIRM.
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SECTION VIII -Administration
A.Appointment,Duties and Responsibilities of Zoning Administrator
1.The Zoning Administrator is hereby appointed to implement and
administer the provisions of this Ordinance and will herein be referred to
as the Administrator.
2.Duties and responsibilities of the Administrator shall include,but not
necessarily be limited to the following:
a.Review all flood plain development permit applications to assure
that the provisions of this Ordinance will be satisfied.
b.Review flood plain development applications to assure that all
necessary permits have been obtained from federal,state and local
governmental agencies including approval when required from the
Department of Natural Resources for flood plain construction.
c.Record and maintain a record of (i)the elevation (in relation to
National Geodetic Vertical Datum)of the lowest floor (including
basement)of all new or substantially improved structures or (ii)the
elevation to which new or substantially improved structures have
been floodproofed.]
d.Notify adjacent communitieslcounties and the Department of
Natural Resources prior to any proposed alteration or relocation of
a watercourse and submit evidence of such notifications to the
Federal Emergency Management Agency.
e.Keep a record of all permits,appeals and such other transactions
and correspondence pertaining to the administration of this
Ordinance.
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.Review subdivision proposals to insure such proposals arc
consistent with the purpose of this ordinance and advise the City
Council of potential conflict.
B.Flood Plain Development Pennit
1.Permit Required -A Flood Plain Development Permit issued by the
Administrator shall be secured prior to any flood plain development (any I
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man-made change to improved and unimproved real estate,including but
not limited to buildings or other structures,mining,filling,grading,
paving,excavation or drilling operations),including the placement of
factory-built homes.
2.Application for Permit -Application shall be made on forms furnished by
the Administrator and shall include the following:
a.Description of the work to be covered by the permit for which
application is to be made.
b.Description of the land on which the proposed work is to be done
(i.e.,lot,block,track,street address or similar description)that will
readily identify and locate the work to be done.
c.Indication of the use or occupancy for which the proposed work is
intended.
d.Elevation of the lOO-year flood.
e.Elevation (in relation to National Geodetic Vertical Datum)of the
lowest floor (including basement)of buildings or of the level to
which a building is to be floodproofed.
f.For buildings being improved or rebuilt,the estimated cost of
improvements and market value of the building prior to the
improvements.
g.Such other information as the Administrator deems reasonable
necessary (e.g.,drawings or a site plan)for the purpose of this
Ordinance.
3.Action on Permit Application -The Administrator shall,within a
reasonable time,make a determination as to whether the proposed flood
plain development meets the applicable standards of this Ordinance and
shall approve or disapprove the application.
For disapprovals,the applicant shall be informed,in writing,of the
specific reasons therefore.The Administrator shall not issue permits for
variances except as directed by the City Board of Adjustment.
4.Construction and Use to be as Provided in Application and Plans -Flood
Plain Development Permits based on the basis of approved plans and
applications authorize only the use,arrangement,and construction set
forth in such approved plans and applications and no other use,
arrangement or construction.Any use,arrangement,or construction at
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variance with that authorized shall be deemed a violation of this
Ordinance.The applicant shall be required to submit certification by a
professional engineer or land surveyor,as appropriate,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 the Ordinance,prior to the use or
occupancy of any structure.
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C.Conditional Uses,Appeals and Variances
1.Appointment and Duties of Board of Adjustment -A Board of
Adjustment is hereby established which shall hear and decide (i)
applications for Conditional Uses upon which the Board is authorized to
pass under this ordinance,and shall take any other action which is
required of the Board.
2.Conditional Uses -Requests for Conditional Uses shall be submitted to
the Administrator,who shall forward such to the Board of Adjustment for
consideration.Such requests shall include information ordinarily
submitted with applications as well as any additional information deemed
necessary to the Board of Adjustment.
3.Appeals -Where it is alleged there is any error in any order,requirement,
decision,or determination made by an administrative official in the
enforcement of this ordinance,the aggrieved party may appeal such
action.The notice of appeal shall be filed with the Board of Adjustment
and with the official from whom the appeal is taken and shall set forth the
specific reason for the appeal.The official from whom the appeal is taken
shall transmit to the Board of Adjustment all the documents constituting
the record upon which the action appealed from was taken.
}
4.V ariance -The Board of Adjustment may authorize upon request in
specific cases such variances from the terms of the Ordinance that will not
be contrary to the public interest where,owing to special conditions,a
literal enforcement of the provisions of this Ordinance will result in
unnecessary hardship.V ariances granted must meet the following
applicable standards,
a.Variances shall only be granted upon:(ii)a showing of good and
sufficient cause,(ii)a determination that failure to grant the
variance would result in exceptional hardship to the applicant,and
(iii)a determination that the granting of the Valiance will not result
in increased flood heights,additional threats to public safety,
extraordinary public expense,create nuisances,cause fraud on or
victimization of the public or conflict with existing local codes or
ordinances.)
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b.Variances shall not be issued within any designated floodway if
any increase in flood levels during the 100-year flood would result.
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.
c.V ariances shall only be granted upon a determination that the
variance is the minimum necessary,considering the flood hazard,
to afford relief.
d.In cases where the variance involves a lower level of flood
protection for buildings than what is ordinarily required by this
Ordinance,the applicant shall be notified in writing over the
signature of the Administrator that:(i)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 (ii)
such construction increases risk of life and property.
e.All variances granted shall have the concurrence or approval of the
Department of Natural Resources.
5.Hearings and Decisions of the Board of Adjustment
a.Hearings.Upon the filling with the Board of Adjustment of an
Appeal,an application for a Conditional Use or a request for a
Variance,the Board shall hold a public hearing.The Board shall
fix a reasonable time for the hearing and give public notice thereof,
as well as due notice to parties in interest.At the hearing,any
party may appear in person or by agent or attorney and present
written or oral evidence.The board may require the appellant or
applicant to provide such information as is reasonable deemed
necessary and may request the technical assistance and/or
evaluation of a professional engineer or other expert person or
agency,including the Department of Natural Resources.
b.Decisions.The Board shall arrive at a decision on an Appeal,
Conditional Use or Variance within a reasonable time.In passing
upon an Appeal,the Board may,so long as such action is in
conformity with the provisions of this ordinance,reverse or affirm,
wholly or in part,or modify the order,requirement,decision,or
determination appealed from,and the findings of fact and the
reasons for its decision.In granting a Conditional Use or
V ariance,the board shall consider such factors as contained in this
section and all other relevant sections of this ordinance and may
prescribe such conditions as contained in Section VIII C.5b.(2).
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(1)Factors Upon Which the Decision of the Board of Adjustment Shall be
Based.In passing upon applications for Variances,the Board shall
consider all relevant factors specified in other sections of this Ordinance
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 on to other land or
downstream to the injury of others.
(c)The proposed water supply and sanitation 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 flood plain location.
(g)The availability of altemative locations not subject to flooding for the
proposed use.}
(h)The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
(i)The relationship of the proposed use to the comprehensive plan and
flood plain management program for the area.
G)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 flood water expected at the site.
(I)The cost of providing govemmental services during and after flood
conditions,including maintenance and repair of public utilities (sewer,
gas,electrical and water systems),facilities,streets and bridges.
(m)Such other factors which are relevant to the purpose of this Ordinance.j(2)Conditions Attached to Variances -Upon consideration of the factors
listed above,the Board of Adjustment may attach such conditions t the
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granting of variances as it deems necessary to further the purpose of this
Ordinance.Such conditions may include,but not necessarily be limited
to:
(a)Modification of waste disposal and water supply facilities.
(b)Limitation of 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 protecti ve measures,provided such are approved
by the Department of Natural Resources and are deemed the only
practical alternative to achieving the purpose of this Ordinance.
(e)Floodproofing measures.Floodproofing measures shall be
designed consistent with the flood protection elevation for the
particular area,flood velocities,durations,rate of rise,hydrostatic
and hydrodynamic forces,and other factors associated with the
regulatory flood.The 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.
6.Appeals to the Court -Any person or persons,jointly or severally,aggrieved by
any decision of the Board of Adjustment may present to a court of record a
petition,duly verified,setting forth that such decision is illegal,in whole or in
part,specifying the grounds of the illegality.Such petition shall be presented to
the court within thirty days after the filing of the decision in the office of the
Board.
SECTION IX -Nonconforming Uses
A.A structure or the use of a structure or premises which was lawful before the
passage or amendment of this Ordinance,but which is not in conformity with the
provisions of this Ordinance,may be continued subject to the following
conditions:
1.If such use is discontinued for __consecutive months,any future use of
the building premises shall conform to this Ordinance.
2.Uses or adjuncts thereof that are or become nuisances shall not be entitled
to continue as nonconforming uses.
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3.If any nonconforming use or structure is destroyed by any means,
including flood,it shall not be reconstructed if the cost is more than fifty
(50)percent of the market value of the structure before the damage
occurred,unless it is reconstructed in conformity with the provisions of
this Ordinance.
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B.Except as provided in Section IX A2,any use which has been permitted as a
Conditional Use or Variance shall be considered a conforming use.
SECTION XI -Amendments
The regulations and standards set forth in this Ordinance may from time to time be
amended,supplemented,changed,or repealed.No amendment,supplement,change,or
modification shall be undertaken without prior approval of the Department of Natural
Resources.
SECTION XII -Definitions
Unless specifically defined below,words or phrases used in this Ordinance shall be
interpreted so as to give them the meaning they have in common usage and to give this
Ordinance its most reasonable application.
BASE FLOOD -The flood having one (I)percent change of being equaled or exceeded
in any given year.(See 100-year flood).1
BASEMENT -Any enclosed area of a building which has its floor or lowest level below
ground level (subgrade)on all sides.Also see "lowest floor."
DEVELOPMENT -Any man-made change to improved or unimproved real estate,
including but not limited to building or other structures,mining,dredging,filling,
grading,paving,excavation or drilling operations.
EXISTING CONSTRUCTION -Any structure for which the "start of construction"
commenced before the effective date of the community's Flood Insurance Rate Map.
May also be referred to as "existing structure".
EXPANSION OF EXISTING FACTORY-BUILT HOME PARK OR SUBDIVISION-
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
flood plain management regulations adopted by the community.
FACTORY BUILT HOME -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 )
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Ordinance factory-built homes include mobile homes,manufactured homes and modular
homes and also includes "recreational vehicles"which are placed on site for greater than
180 consecutive days and not fully licensed for and ready for highway use.
FACTORY-BUILT HOME PARK -A parcel or contiguous parcels of land divided into
two or more factory-built home lots for sale or lease.
FLOOD -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.
FLOOD ELEVATION -The elevation floodwaters would reach at a particular site
during the occurrence of a specific flood.For instance,the lOO-year flood elevation is
the elevation of flood waters related to the occurrence of the lOO-year flood.
FLOOD INSURANCE RATE MAP (FIRM)-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.
FLOOD PLAIN -Any land area susceptible to being inundated by water as a result of a
flood.
FLOOD PLAIN MANAGEMENT -An overall program of corrective and preventive
measures 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.
FLOODW A Y -The channel of a river or stream and those portions of the flood plains
adjoining the channel,which are reasonably required to carry and discharge flood waters
or flood flows so that confinement of flood flows to the floodway area will not
cumulatively increase the water surface elevation ofthe base flood by more than one (1)
foot.
FLOODW A Y FRINGE -Those portions of the flood plain,other than the floodway,
which can be filled,leveed,or otherwise obstructed without causing substantially higher
flood levels or flow velocities.
mSTORIC STRUCTURE -Any structure that is:
a.Listed individually in the National Register of HiSt0l1CPlaces,maintained by the
Department of Interior,or preliminarily determined by the secretary of the Interior
as meeting the requirements for individual listing of 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
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district preliminarily determined by the Secretary to qualify as a registered
historic district;
c.Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior;
Of,
d.Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified by either (i)an approved
state program as determined by the Secretary of the Interior or (ii)directly by the
Secretary of the Interior in states without approval programs.
LOWEST FLOOR -The floor of the lowest enclosed area in a building including a
basement except when all 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 VI B4(a)of
this Ordinance and;
b.The enclosed area is unfinished (not carepeted,drywalled,etc.)and used solely
for low damage potential uses such as building access,parking or storage,and;
c.Machinery and service facilities (e.g.,hot water heater,fumace,electrical service)
contained in the enclosed area are located at least one (1)foot above the IOO-year
flood level,and;
d.The enclosed area is not a "basement"as defined in this section.
In cases where the lowest enclosed area satisfies criteria a,b,c,and d above,the lowest
floor
is the floor of the next highest enclosed area that does not satisfy the criteria above.
NEW CONSTRUCTION -(new buildings,factory-built home parks)-Those structures
or
development for which the start of construction commenced on or after the effective date
of
the Flood Insurance Rate Map.
NEW FACTORY-BUILT HOME PARK OR SUBDIVISION -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 effective date of flood plain management
regulations adopted by the community.
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ONE HUNDRED (100)YEAR FLOOD -A flood,the magnitude of which has a one (1)
percent chance of being equaled or exceeded in any given year or which,on the average,
will
be equaled or exceeded at least once everyone hundred (100)years.
RECREATIONAL VEmCLE ~A vehicle which is:
a.Built on a single chassis;
b.Four hundred (400)square 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 a temporary living
quarters for recreational,camping,travel,or seasonal use.
SPECIAL FLOOD HAZARD AREA -The land within a community subject to the "100
year flood".This land is identified as Zone A on the community's Flood Insurance Rate
Map.
START OF CONSTRCUTION -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 cleating,grading and filling;nor does it include the installation
of
streets andlor 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 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.
STRUCTURE -Anything constructed or erected on the ground or attached to the ground,
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including,but not limited to,buildings,Iactories,sheds,cabins,factory-built homes,
storage
tanks,and other similar uses.'I
SUBSTANTIAL DAMAGE -Damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damage condition would equal or exceed
fifty (50)percent of the market value of the structure before the damage occurred,
SUBSTANTIAL IMPROVEMENT -Any improvement to a structure which satisfies
either of the following criteria:
1.Any repair,reconstruction,or improvement of a structure,the cost of which
equals or exceeds fifty (50)percent 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 ot,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 a "historic structure",provided the
alteration will not preclude the structure's designation as a "historic structure".
2.Any addition which increases the original floor area of a building by 25 percent or
more.All additions constructed after January 19,2000 shall be added to any
proposed addition in determining whether the total increase in original floor space
would exceed 25 percen t.
VARIANCE -A grant of relief by a community from the terms of the flood plain
management regulations.
VIOLATION -The failure of a structure or other development to be fully compliant with
the community's flood plain management regulations.
ADOPTED AND PASSED by the City Council of the City of Waukee this 8 day of
February,2001.
Donald L.Bailey,Jr.,Mayor )
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Attest:
Mark J.Arentsen,City Administrator/Clerk
7.FY 2001-2002 City Budget.Mayor Bailey inquired as to whether the State Auditors
office had reviewed the debt service portion of the budget and the accounting related to
the acquisition of the City Hall.Arentsen stated that they had reviewed the debt service
budget and had no suggestions for modifications.The Mayor also inquired as to how a
sidewalk improvement program would be funded.Arentsen stated that a borrowing
funded with Urban Renewal Area revenues is anticipated later this year.Some of the
bond proceeds would be used to fund sidewalk improvements.Counci lman Watts asked
if a referendum was needed to approve this borrowing.The Mayor stated that a
referendum would not be needed.After a brief discussion among the Budget Committee
members,Mayor and Council,Councilman Gruber offered a motion to approve the
proposed budget and tax rate at $13.50.The motion was seconded by Councilman
Berger.Arentsen stated that a problem was discovered with the budget software and that
with the addition of funds to Dallas County Development,there was still an excess of
expenditures of about $17,200.He stated that he would work with the department heads
to eliminate the gap.As a result of this,the published budget would be slightly different
than the document being adopted at this time.Councilman Johnson asked that a
summary of the changes be presented at the Public Hearing.Following this a roll call
vote was taken with Council unanimously approving a tax rate of $13.50 and
recommending the budget for publication.
8.Adjoumment.A motion was offered by Berger seconded by Gruber to adjourn.
Motion passed unanimously.Mayor Bailey declared the meeting adjoumed at 7:42PM.
Donald L.Bailey,Jr.,Mayor
Attest:
Mark J.Arentsen,i y/Adrninistrator/Clerk
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