HomeMy WebLinkAbout2001-02-08-Ordinance 2339_Flood Plain ManagementORDINANCE 2339
FLOOD PLAIN MANAGEMENT ORDINANCE
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.
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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
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 ill.
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 January 25,2000 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.I
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G.Warning and Disclaimer of Liability
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.
SECTION IV -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 stlUctures,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 snips.
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.
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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
Petformance Standards.
I.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.
1I.No use shall be permitted in the Floodway District that would result in any increase in
the lOG-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 petformance 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
warnmg.I
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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 river 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 Pringe (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 stmctures 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 100-year flood level.Construction
shall be upon compacted fill which shall,at all points,be no lower than
1.0 ft.above the 100-year flood level and extend at such elevation at least
18 feet beyond the limits of any structure erected thereon.Altemate
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.
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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 lOO-year
flood;and that the structure,below the IOO-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
(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
equipment and other service facilities that are designed and/or located )
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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 lOO-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 lOO-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 lOO-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 materials and eguipment 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.
8.Flood control structural works such as levees,flood walls,etc.shall provide,
at a minimum,protection from a lOO-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.
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Watercourse alterations or relocations must be designed to maintain the flood
within the altered of'relocated portion.
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.
9.
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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)
(2)
(3)
(4)
(5)
The structure shall not be used for human habitation.
The structure shall be designed to have low flood damage
potential.
The structure shall be constructed and placed on the building
site so as to offer minimum resistance to the flow of
floodwaters.
The structure shall be firmly anchored to prevent flotation
which may result in damage to other structures.
The structure's service facilities such as electrical and heating
equipment shall be elevated or floodproofed to at least one foot
above the 100-year flood level.
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b.Exemption from the 100-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
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.
(1)The recreational vehicle shall be located on the site for less
than 180 consecutive days,and,I
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(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 river 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
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 horne,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 fanning,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 fishing
areas,hiking and horseback riding trails.
4.Residential uses such as lawns,gardens,parking areas and play areas.
B.Conditional Uses
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 Vill 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
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IOu-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 IV).
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:
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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.
SECTION VITI -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.
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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 communities/counties and the Department of Natural
Resources prior to any proposed alteration or relocation of a
watercourse and submit evidence of such notifications to the Federal
Emergency Management Agency.
e.Keep a record of all permits,appeals and such other transactions and
correspondence pertaining to the administration of this 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 are consistent
with the purpose of this ordinance and advise the City Council of
potential conflict.
B.Flood Plain Development Permit
1.Permit Required -A Flood Plain Development Permit issued by the
Administrator shall be secured prior to any flood plain development (any
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.
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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 lOG-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 Valiance 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.
C.Conditional Uses,Appeals and Variances I
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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.Variance -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.
Variances 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.
b.Variances shall not be issued within any designated floodway if any
increase in flood levels during the lOO-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.Variances shall only be granted upon a determination that the Valiance
is the minimum necessary,considering the flood hazard,to afford
relief.
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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.
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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 healing 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.I
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 Valiance,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).
(1)Factors Upon Which the Decision of the Board of Adjustment ShalI 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.,j
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(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 alternative 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.
Ul 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 governmental 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.
(2)Conditions Attached to V ariances -Upon consideration of the factors listed
above,the Board of Adjustment may attach such conditions t the 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 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 Ordinance.
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(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.
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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 24 consecutive months,any future use of the
building premises shall conform to this Ordinance.1
2.Uses or adjuncts thereof that 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,it shall not be reconstructed if the cost is more than fifty (50)percent of
the market value of the structure before the damage OCCUlTed,unless it is
reconstructed in conformity with the provisions of this Ordinance.
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 XIl-Definitions I
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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 (1)percent change of being equaled or exceeded in
any given year.(See lOO-year flood).
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
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 HOlVIE 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 livers 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 100-year flood elevation is the elevation
of flood waters related to the OCCUITenceof 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.
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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 liver 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 (I)foot.
FLOODWA 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.
HISTORIC STRUCTURE -Any structure that is:
a.Listed individually in the National Register of Historic Places,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 district preliminarily
determined by the Secretary to qualify as a registered historic district;
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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;or,
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;I
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c.Machinery and service facilities (e.g.,hot water heater,furnace,electrical service)
contained in the enclosed area are located at least one (1)foot above the 100-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.
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 VEHICLE -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
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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 the installation of
streets and/or walkways;nor does it include excavation for a basement,footings,piers,or
foundations or the erection of temporary forms;nor does it include the installation on the
property of accessory buildings such as garages or sheds not occupied as dwelling units or
not 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 extemal dimensions of the building.
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STRUCTURE -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.
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",
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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 percent.
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.
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ADOPTED AND PASSED by the City Council of the City of Waukee this 8 day of
February,2001.
Attest:
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