Newton City Zoning Code

FLOODPLAIN OVERLAY

DISTRICT

§ 158.045 STATUTORY AUTHORIZATIONS.

The legislature of the state has, in Iowa Code Ch. 414, as amended, delegated the power to cities to enact zoning regulations to secure safety from flood and to promote health and the general welfare.

(2011 Code, § 34.04050.02)

§ 158.046 FINDINGS OF FACT.

(A) The flood hazard areas of the city are subject to periodic inundation which can result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extra-ordinary 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.

(B) These flood losses, hazards and related adverse effects are caused by:

(1) 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

(2) The cumulative effect of obstructions on the floodplain causing increases in flood heights and velocities.

(2011 Code, § 34.04050.03)

§ 158.047 STATEMENT OF PURPOSE.

It is the purpose of this chapter to protect and preserve the rights, privileges and property of the city and its residents and to preserve and improve the peace, safety, health, welfare, comfort and convenience of its residents by minimizing those flood losses described in § 158.046(A) of this chapter with provisions designed to:

(A) 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;

(B) 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;

(D) Assure that eligibility is maintained for property owners in the community to purchase flood insurance through the National Flood Insurance Program.

(2011 Code, § 34.04050.04)

§ 158.048 LANDS TO WHICH PROVISIONS APPLY.

The provisions of this chapter shall apply to all lands within the jurisdiction of Newton which are located within the boundaries of the Floodplain (Overlay) District as established in § 158.055 of this chapter.

(2011 Code, § 34.04050.06)

§ 158.049 RULES FOR INTERPRETATION OF FLOOD HAZARD BOUNDARIES.

The boundaries of the Floodplain (Overlay) District areas shall be determined by scaling distances on the official Flood Insurance Rate Map. When an interpretation is needed as to the exact location of a boundary, the Zoning Administrator shall make the necessary interpretation. The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Zoning Administrator in the enforcement or administration of this chapter.

(2011 Code, § 34.04050.07) (Ord. 2373, passed 4-20-2020)

§ 158.050 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 chapter and other applicable regulations which apply to uses within the jurisdiction of this chapter.

(2011 Code, § 34.04050.08)

§ 158.051 ABROGATION AND GREATER RESTRICTIONS.

It is not intended by this chapter to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter imposes greater restrictions, the provision of this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.

(2011 Code, § 34.04050.09)

§ 158.052 INTERPRETATION.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes.

(2011 Code, § 34.04050.10)

§ 158.053 WARNING AND DISCLAIMER OF LIABILITY.

(A) The standards required by this chapter are considered reasonable for regulatory purposes. This chapter does not imply that areas outside the designated Floodplain (Overlay) District areas will be free from flooding or flood damages.

(B) This chapter shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(2011 Code, § 34.04050.11)

§ 158.054 SEVERABILITY.

If any section, clause, provision or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.

(2011 Code, § 34.04050.12)

§ 158.055 ESTABLISHMENT OF FLOODPLAIN OVERLAY DISTRICT.

The areas within the jurisdiction of the City of Newton having special flood hazards are hereby designated as a Floodplain (Overlay) District and shall be subject to the standards of the Floodplain (Overlay) District as well as those for the underlying zoning district). The Floodplain (Overlay) District boundaries shall be as shown on the Flood Insurance Rate Map (FIRM) for Jasper County and Incorporated Cities, City of Newton, Panels 177D, 179D, 181D, 182D, 183D, 184D, 187D, 191D, 192D, 211D and 225D dated 10-5-2018.

(2011 Code, § 34.04050.13) (Ord. 2343, passed 9-17-2018)

§ 158.056 STANDARDS FOR FLOODPLAIN DEVELOPMENT.

All uses must be consistent with the need to minimize flood damage and meet the following applicable performance standards. Where 100-year flood elevations and floodway data have not been provided on the Flood Insurance Rate Maps, the state’s Department of Natural Resources shall be contacted to compute such data. The applicant will be responsible for providing the Department of Natural Resources with sufficient technical information to make such determination.

(2011 Code, § 34.04050.14) (Ord. 2343, passed 9-17-2018)

§ 158.057 DEVELOPMENT WITHIN SPECIAL FLOOD HAZARD AREAS.

All development within the special flood hazard areas shall:

(A) Be consistent with the need to minimize flood damage;

(B) Use construction methods and practices that will minimize flood damage;

(D) Obtain all other necessary permits from federal, state and local governmental agencies including approval when required from the state’s Department of Natural Resources.

(2011 Code, § 34.04050.15)

§ 158.058 STRUCTURES.

(A) Residential buildings.

(1) All new or substantially improved residential structures shall have the lowest floor, including basement, elevated a minimum of one foot above the 100-year flood level. Construction shall be upon compacted fill which shall, at all points, be no lower than one foot above the 100-year flood level and extend at such elevation at least 18 feet beyond the limits of any structure erected thereon. Alternate methods of elevating (such as piers) may be allowed subject to favorable consideration by the Board of Adjustment, where existing topography, street grades or other factors preclude elevating by fill. In such cases, the methods used must be adequate to support the structure as well as withstand the various forces and hazards associated with flooding.

(2) All new residential structures shall be provided with a means of access which will be passable by wheeled vehicles during the 100-year flood.

(B) Non-residential buildings. All new or substantially improved non-residential buildings shall have the lowest floor (including basement) elevated a minimum of one foot above the 100-year flood level, or together with attendant utility and sanitary systems, be flood-proofed to such a level. When flood- proofing is utilized, a professional engineer registered in the state shall certify that the flood-proofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 100-year flood; and that the structure, below the 100-year flood level is water-tight with walls substantially impermeable to the passage of water. A record of the certification indicating the specific elevation (in relation to North American Vertical Datum) to which any structures are flood-proofed shall be maintained by the Administrator.

(1) Fully-enclosed areas below the “lowest floor” (not including basements) that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following minimum criteria.

(a) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

(b) The bottom of all openings shall be no higher than one foot above grade.

(c) Openings may be equipped with screens, louvers, valves or other coverings or devices; provided that, they permit the automatic entry and exit of flood waters.

(d) Such areas shall be used solely for parking of vehicles, building access and low damage potential storage.

(2) New and substantially improved structures must be designed (or modified) and adequately anchored to prevent floatation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(3) New and substantially improved structures must be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(2011 Code, § 34.04050.16) (Ord. 2343, passed 9-17-2018)

§ 158.059 FACTORY-BUILT HOMES.

(A) All new and substantially improved factory-built homes, including those placed in existing factory-built home parks or subdivisions, shall be elevated on a permanent foundation such that the lowest floor of the structure is a minimum of one foot above the 100-year flood level.

(B) All new and substantially improved 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.

(2011 Code, § 34.04050.17) (Ord. 2343, passed 9-17-2018)

§ 158.060 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 or 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 foot above the 100-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 foot above the 100-year flood elevation.

(D) Utilities such as gas and electrical systems shall be located and constructed to minimize or eliminate flood damage to the systems and the risk associated with such flood damaged or impaired systems.

(2011 Code, § 34.04050.18)

§ 158.061 WATERCOURSE ALTERATIONS OR RELOCATIONS.

Watercourse alterations or relocations 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.

(2011 Code, § 34.04050.19)

§ 158.062 STORAGE OF MATERIALS AND EQUIPMENT.

(A) Storage of materials and equipment that are flammable, explosive or injurious to human, animal or plant life is prohibited unless elevated a minimum of one foot above the 100-year flood level.

(B) Other material and equipment must either be similarly elevated or:

(1) Not subject to major flood damage and be anchored to prevent movement due to flood waters; or

(2) Be readily removable from the area within the time available after flood warning.

(2011 Code, § 34.04050.20)

§ 158.063 STRUCTURAL FLOOD CONTROL WORKS.

Flood control structural works such as levees, flood walls and the like shall provide, at a minimum, protection from a 100-year flood with a minimum of three feet of design freeboard and shall provide for adequate interior drainage. In addition, structural flood control works shall be approved by the Department of Natural Resources.

(2011 Code, § 34.04050.21)

§ 158.064 SUBDIVISIONS.

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 chapter. 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 acres or 50 lots (whichever is less) shall include 100-year flood elevation data for those areas located within the Floodplain (Overlay) District.

(2011 Code, § 34.04050.22)

§ 158.065 ACCESSORY STRUCTURES TO RESIDENTIAL USES.

Detached garages, sheds and similar structures that are incidental to a residential use are exempt from the 100-year flood elevation requirements where the following criteria are satisfied.

(A) The structure shall not be used for human habitation. The structure shall be used solely for low flood damage potential purposes such as vehicle parking and limited storage.

(B) Structure shall be designed to have low flood damage potential. Its size shall not exceed 600 square-feet in size. Those portions of the structure located less than 1-foot above the 100-year flood elevation must be constructed of flood-resistant materials.

(C) The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of flood waters.

(D) The structure shall be firmly anchored to prevent flotation, which may result in damage to other structures.

(E) The structure’s service facilities such as electrical and heating equipment shall be elevated or flood-proofed to at least one foot above the 100-year flood level.

(F) The structure’s walls shall include openings that satisfy the provisions of § 158.058(C)(1) of this chapter.

(G) 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.

(2011 Code, § 34.04050.23) (Ord. 2343, passed 9-17-2018)

§ 158.066 RECREATIONAL VEHICLES.

Recreational vehicles are exempt from the requirements of § 158.059 of this chapter regarding anchoring and elevation of factory-built homes when the following criteria are satisfied.

(A) The recreational vehicle shall be located on the site for less than 180 consecutive days.

(B) The recreational vehicle must be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system and is attached to the site only by quick disconnect type utilities and security devises and has no permanently attached additions.

(C) Recreational vehicles that are not located on the site for more than 180 consecutive days or are not ready for highway use must satisfy requirements of § 158.059 of this chapter regarding anchoring and elevation of factory-built homes.

(2011 Code, § 34.04050.24)

§ 158.067 PIPELINE RIVER AND STREAM CROSSINGS.

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.

(2011 Code, § 34.04050.25)

§ 158.068 ADMINISTRATION.

(A) Appointment, duties and responsibilities of Zoning Administrator. The Zoning Administrator is hereby appointed to implement and administer the provisions of this subchapter and will herein be referred to as the Administrator.

(B) Administrator’s duties. Duties of the Zoning Administrator shall include, but not necessarily be limited to, the following:

(1) Review all floodplain development permit applications to assure that the provisions of this subchapter will be satisfied;

(2) Review floodplain 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 floodplain construction;

(3) Record and maintain a record of the elevation (in relation to North American Vertical Datum) of the lowest floor (including basement) of all new or substantially improved structures in the Floodplain (Overlay) District;

(4) Record and maintain a record of the elevation (in relation to North American Vertical Datum) to which all new or substantially improved structures have been flood-proofed;

(5) 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; and

(6) Keep a record of all permits, appeals and such other transactions and correspondence pertaining to the administration of this chapter.

(2011 Code, § 34.04050.26) (Ord. 2343, passed 9-17-2018; Ord. 2373, passed 4-20-2020)

§ 158.069 FLOODPLAIN DEVELOPMENT PERMIT; VARIANCES.

(A) Permit required. A floodplain development permit issued by the Administrator shall be secured prior to any floodplain development (any human-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.

(B) Application for permit. Application shall be made on forms furnished by the Administrator and shall include the following:

(1) Description of the work to be covered by the permit for which application is to be made;

(2) 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;

(3) Indication of the use or occupancy for which the proposed work is intended;

(4) Elevation of the 100-year flood;

(5) Elevation (in relation to National Geodetic Vertical Datum) of the lowest floor (including basement) of buildings or of the level to which a building is to be flood-proofed;

(6) For buildings being improved or rebuilt, the estimated cost of improvements and market value of the building prior to the improvements; and

(7) Such other information as the Administrator deems reasonably necessary (e.g., drawings or a site plan) for the purpose of this subchapter.

(C) Action on permit application. The Administrator shall, within a reasonable time, make a determination as to whether the proposed floodplain development meets the applicable standards of this subchapter and shall approve or disapprove the application. For disapprovals, the applicant shall be informed, in writing, of the specific reasons therefor. The Administrator shall not issue permits for variances, except as directed by the city’s Board of Adjustment.

(D) Construction and use to be as provided in application and plans. Floodplain 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 variance with that authorized shall be deemed a violation of this subchapter. The applicant shall be required to submit certification by a professional engineer or land surveyor, as appropriate, registered in the state, that the finished fill, building floor elevations, flood-proofing or other flood protection measures were accomplished in compliance with the provisions of this subchapter, prior to the use or occupancy of any structure.

(E) Variance.

(1) General. The Board of Adjustment may authorize upon request in specific cases such variances from the terms of this subchapter that will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this subchapter will result in unnecessary hardship. Variances granted must meet the following applicable standards.

(a) Variances shall only be granted upon:

1. A showing of good and sufficient cause;

2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

3. A determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local codes or ordinances.

(b) Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(c) In cases where the variance involves a lower level of flood protection for buildings than what is ordinarily required by this chapter, the applicant shall be notified in writing over the signature of the Administrator that:

1. 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

2. Such construction increases risks to life and property.

(2) 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 subchapter 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 floodplain 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 floodplain management program for the area;

(j) The safety of access to the property in times of flood for ordinary and emergency vehicles;

(k) The expected heights, velocity, duration, rate of rise and sediment transport of the flood water expected at the site;

(l) 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; and

(m) Such other factors which are relevant to the purpose of this chapter.

(3) Conditions attached to variances. Upon consideration of the factors listed above, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose of this subchapter. 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;

(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 subchapter; and

(e) Flood-proofing measures.

(2011 Code, § 34.04050.27)

§ 158.070 NON-CONFORMING USES.

(A) A structure or the use of a structure or premises which was lawful before the passage or amendment of this subchapter, but which is not in conformity with the provisions of this subchapter, may be continued subject to the following conditions.

(1) If such use is discontinued for six consecutive months, any future use of the building premises shall conform to this chapter.

(2) Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as non-conforming uses.

(B) If any non-conforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50% of the market value of the structure before the damage occurred, unless it is reconstructed in conformity with the provisions of this chapter. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places; provided that, the alteration shall not preclude its continued designation.

(2011 Code, § 34.04050.28)

§ 158.071 AMENDMENTS.

The regulations and standards set forth in this chapter 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.

(2011 Code, § 34.04050.30)

§ 158.072 DEFINITIONS.

Unless specifically defined in § 158.003 of this chapter, words or phrases used in FP: Floodplain Overlay shall be interpreted so as to give them the meaning they have in common usage and to give this subchapter its most reasonable application.

(2011 Code, § 34.04050.31)