1.   Definitions. Unless specifically defined below or in Section 167.02, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.

   A.   “Appurtenant structure” means a structure which is on the same parcel of the property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.

   B.   “Base flood” means the flood having one percent chance of being equaled or exceeded in any given year and is also commonly referred to as the “100-year flood.”

   C.   “Base flood elevation” (BFE) means the elevation floodwaters would reach at a particular site during the occurrence of a base flood event.

   D.   “Basement” means any enclosed area of a building which has its floor or lowest level below ground level (subgrade) on all sides. Also see “lowest floor.”

   E.   “Development” means any man-made change to improved or unimproved real estate, including (but not limited to) buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment or materials. “Development” does not include minor projects or routine maintenance of existing buildings and facilities, as defined in this section. It also does not include gardening, plowing, and similar practices that do not involve filling or grading.

   F.   “Enclosed area below lowest floor” means the floor of the lowest enclosed area in a building when all the following criteria are met:

      (1)   The enclosed area is designed to flood to equalize hydrostatic pressure during flood events with walls or openings that satisfy the provisions of Subsection 6(C) of this section.

      (2)   The enclosed area is unfinished (not carpeted, drywalled, etc.) and used solely for low damage potential uses such as building access, parking, or storage.

      (3)   Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one foot above the base flood elevation.

      (4)   The enclosed area is not a basement as defined in this section.

   G.   “Existing construction” means any structure for which the start of construction commenced before the effective date of the first floodplain management regulations adopted by the community.

   H.   “Existing factory-built home park or subdivision” means a factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the first floodplain management regulations adopted by the community.

   I.   “Expansion of existing factory-built home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

   J.   “Factory-built home” means any structure, designed for residential use which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation, on a building site. For the purpose of this chapter, factory-built homes include mobile homes, manufactured homes, and modular homes; and also include recreational vehicles which are placed on a site for greater than 180 consecutive days and not fully licensed for and ready for highway use.

   K.   “Factory-built home park” means a parcel or contiguous parcels of land divided into two or more factory-built home lots for sale or lease.

   L.   “500-year flood” means a flood, the magnitude of which has a two-tenths percent chance of being equaled or exceeded in any given year or which, on average, will be equaled or exceeded at least once every 500 years.

   M.   “Flood” means 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.

   N.   “Flood insurance rate map” (FIRM) means 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.

   O.   ”Flood insurance study” (FIS) means a report published by FEMA for a community issued along with the community’s Flood Insurance Rate Maps. The study contains such background data as the base flood discharge and water surface elevations that were used to prepare the FIRM.

   P.   “Floodplain” means any land area susceptible to being inundated by water as a result of a flood.

   Q.   “Floodplain management” means an overall program of corrective and preventive measures for reducing flood damages and promoting the wise use of floodplains, including (but not limited to) emergency preparedness plans, flood control works, floodproofing and floodplain management regulations.

   R.   “Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures, including utility and sanitary facilities, which will reduce or eliminate flood damage to such structures.

   S.   “Floodway” means the channel of a river or stream and those portions of the floodplains 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 of the base flood by more than one foot.

   T.   “Floodway fringe” means those portions of the Special Flood Hazard Area, other than the floodway.

   U.   ”Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

   V.   “Historic structure” means any structure that is:

      (1)   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.

      (2)   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.

      (3)   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.

      (4)   Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (i) by an approved State program as determined by the Secretary of the Interior; or (ii) directly by the Secretary of the Interior in states without approved programs.

   W.   “Lowest floor” means the floor of the lowest enclosed area in a building including a basement except when the criteria listed in the definition of Enclosed Area below Lowest Floor are met. 

   X.   ”Maximum damage potential development” means hospitals and like institutions; buildings or building complexes containing documents, data, or instruments of great public value; buildings or building complexes containing materials dangerous to the public or fuel storage facilities; power installations needed in emergency or other buildings or building complexes similar in nature or use.

   Y.   ”Minor projects” means small development activities (except for filling, grading, and excavating) valued at less than $500.00.

   Z.   “New construction” (new buildings, factory-built home parks, accessory structures) means those structures or development for which the start of construction commenced on or after the effective date of the first floodplain management regulations adopted by the community.

   AA.   “New factory-built home park or subdivision” means 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 the first floodplain management regulations adopted by the community.

   BB.   “Recreational vehicle” means a vehicle which is:

      (1)   Built on a single chassis.

      (2)   Four hundred (400) square feet or less when measured at the largest horizontal projection.

      (3)   Designed to be self-propelled or permanently towable by a light duty truck.

      (4)   Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

   CC.   “Routine maintenance of existing buildings and facilities” means repairs necessary to keep a structure in a safe and habitable condition that do not trigger a building permit, provided they are not associated with a general improvement of the structure or repair of a damaged structure. Such repairs include:

      (1)   Normal maintenance of structures such as re-roofing, replacing roofing tiles and replacing siding.

      (2)   Exterior and interior painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

      (3)   Basement sealing.

      (4)   Repairing or replacing damaged or broken window panes.

      (5)   Repairing plumbing systems, electrical systems, heating or air conditioning systems, and repairing wells or septic systems.

   DD.   “Special flood hazard area” (SFHA) means the land within a community subject to the base flood. This land is identified on the community’s Flood Insurance Rate Map as Zone A, A1-30, AE, AH, AO, AR, and/or A99.

   EE.   “Start of construction” includes substantial improvement, and means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement, was within 180 days of the permit date. The actual start means either the first placement or permanent construction of a structure on a site, such as pouring of a slab or footings, the installation of pile, the construction of columns, or any work beyond the stage of excavation; or the placement of a factory-built home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include 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 external dimensions of the building.

   FF.   “Structure” means 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, grain storage facilities, and/or other similar uses.

   GG.   “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Volunteer labor and donated materials shall be included in the estimated cost of repair. Substantial damage also means flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. Volunteer labor and donated materials shall be included in the estimated cost of repair.

   HH.   “Substantial improvement” means any improvement to a structure which satisfies either of the following criteria:

      (1)   Any repair, reconstruction or improvement of a structure taking place during a 10-year period, the cumulative cost of which, equals or exceeds 50 percent of the market value of the structure either (i) before the "start of construction" of the first improvement of the structure; or (ii) if the structure has been "substantially damaged" and is being restored, before the damage occurred.

      (2)   The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. 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.

      (3)   Any addition which increases the original floor area of a building by 25 percent or more. All additions constructed after the effective date of the first floodplain management regulations adopted by the community shall be added to any proposed addition in determining whether the total increase in original floor space would exceed 25 percent.

   II.   “USGS vertical elevations” – USGS benchmarks are located at the bridge on North Main Street where the vertical one hundred year flood elevation is one foot above the “x” or at 709.91 feet, at the culvert between Otis Street and Lincoln Street where the vertical 100 year flood elevation is one foot above the “x” or at 715.39 feet.

   JJ.   “Variance” means a grant of relief by a community from the terms of the floodplain management regulations.

   KK.    “Violation” means the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations.

2.   General Provisions. The regulations set forth in this section or set forth elsewhere in this chapter when referred to in this section are the district regulations in the “F” Floodplain Management Overlay District.

   A.   Legal Authorization. The Legislature of the State of Iowa has in Chapter 414 of the Code of Iowa, as amended, delegated the power to cities to exercise any power and perform any function it deems appropriate to protect and preserve the rights, privileges and property of the City or of its residents, and to preserve and improve the peace, safety, health, welfare, comfort and convenience of its residents.

   B.   Findings of Fact.

      (1)   The flood hazard areas of the City of Walcott 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, 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:

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.

The cumulative effect of obstruction 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 section to protect and preserve the rights, privileges and property of the City of Walcott, its residents and to preserve and improve the peace, safety, health, welfare, comfort and convenience of its residents by minimizing those flood losses with provisions designed to:

      (1)   Restrict or prohibit uses which are dangerous to health, safety, property in times of flood, or which cause excessive increases in flood heights or velocities.

      (2)   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.

      (3)   Protect individuals from buying lands which may not be suited for intended purposes because of flood hazard.

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

      (5)   Reserve sufficient floodplain area for the conveyance of flood flows so that flood heights and velocities will not be increased substantially.

   D.   Lands to Which Section Applies. The areas within the jurisdiction of the City 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 Scott County and Incorporated Areas, City of Walcott, Panels 19163C0175G and 0310G, dated March 23, 2021. The Scott County Flood Insurance Study is hereby adopted by reference and is made a part of this ordinance for the purpose of administering floodplain management regulations.

   E.   Rules for Interpretation of Flood Hazard Boundaries. The boundaries of the special flood hazard areas shall be determined by scaling distances on the official Flood Map. When an interpretation is needed as to the exact location of a boundary, the Zoning Enforcement Officer 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 Enforcement Officer in the enforcement or administration of this section.

   F.   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 section and other applicable regulations which apply to uses within the jurisdiction of this section.

   G.   Abrogation and Greater Restrictions. It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section are hereby repealed to the extent of the inconsistency only.

   H.   Interpretation. In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the Council and shall not be deemed a limitation or repeal of any other powers granted by State statutes.

   I.   Warning and Disclaimer of Liability. The standards required by this section are considered reasonable for regulatory purposes. This section does not imply that areas outside the designated special flood hazard areas will be free from flooding or flood damages. This section shall not create liability on the part of the City or any officer or employee thereof for any flood damage that results from reliance on this section or any administrative decision lawfully made hereunder.

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

   K.   Development and Use Requirements. All uses must be consistent with the need to minimize flood damage and meet the following applicable performance standards. Where base flood data has not been provided in the Flood Insurance Study, the Department of Natural Resources shall be contacted to compute such data. All development within the special flood hazard areas shall be designed and adequately anchored to prevent flotation, collapse or lateral movement, be consistent with the need to minimize flood damage, use construction methods and practices that will minimize flood damage, use construction materials and utility equipment that are resistant to flood damage, obtain all other necessary permits from Federal, State and local governmental agencies including approval/sign off from the Iowa Department of Natural Resources.

3.   Uses Permitted. Because this district is superimposed over other districts, the uses permitted shall be the same as are allowed in each of the underlying districts subject to the standards herein and in the other districts.

4.   Uses Permitted on Review. Because this district is superimposed over other districts, the uses permitted on review shall be the same as are allowed in each of the underlying districts subject to the standards herein and in the other districts.

5.   Uses Prohibited. Because this district is superimposed over other districts, the uses prohibited on review shall be the same as are allowed in each of the underlying districts subject to the standards herein and in the other districts.

6.   Area and Structure Regulations. Because this district is superimposed over other districts, the area and structure requirements shall be the same as are required in each of the underlying districts subject to the standards herein and in the other districts. (See Figure 3 for example). Additional regulations are as follows:

   A.   Residential Buildings. All new or substantially improved residential structures shall have the lowest floor, including basements, elevated a minimum of one foot above the base flood elevation. Construction shall be upon compact fill, and no lower than one foot above the base flood elevation and extend at such elevation at least 18 feet beyond the limits of any structure erected thereon. Alternate methods of elevation (such as piers) may be allowed, subject to favorable consideration by the Council and the Department of Natural Resources, 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.

   B.   Nonresidential Buildings. All new or substantially improved nonresidential buildings shall have the first floor (including basement) elevated a minimum of one foot above the base flood elevation. 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 base flood; and that the structure, below the base flood elevation, is watertight with walls substantially impermeable to the passage of water. A record of the certification indicating the specific elevation (in relation to North American Vertical Datum 1988) to which any structures are floodproofed shall be maintained by the Zoning Enforcement Officer.

   C.   All new and substantially improved structures:

      (1)   Fully enclosed areas below the “lowest floor” that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must be certified by a registered professional engineer with the following minimum criteria: that a minimum of two openings, with positioning on at least two walls, 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, that the bottom of all openings shall be no higher than one foot above grade, and that openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. Such areas shall be used solely for parking of vehicles, building access and low damage potential storage. Where the distance between the floor and ceiling of the fully enclosed area below the “lowest floor” is five feet or more, the applicant shall be required to sign and record with the County Recorder a Non-Conversion Agreement that ensures the lower enclosed area remains compliant with the criteria outlined in Subsection 6(C).

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

      (3)   New and substantially improved structures shall be constructed with electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities (including ductwork) elevated or floodproofed to a minimum of one foot above the base flood elevation.

   D.   Factory Built Homes. 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. The following specific requirements (or their equivalent) shall be met:

      (1)   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 base flood elevation.

      (2)   Over the top ties shall be provided at each of the four corners of the factory-built home, with two additional ties per side at intermediate locations and factory-built homes less than 50 feet long requiring one additional tie per side.

      (3)   Frame ties shall be provided at each corner of the home with five additional ties per side at intermediate points and factory-built homes less than 50 feet long requiring four additional ties per side.

      (4)   All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.

      (5)   Any additions to factory-built homes shall be similarly anchored.

      (6)   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 base flood elevation.

   E.   Utility and Sanitary Systems.

      (1)   All new and replacement sanitary sewage systems shall be designed to minimize and eliminate the infiltration of flood waters into the system as well as the discharge of effluent into flood waters. Wastewater treatment facilities shall be provided with a level of flood protection equal to or greater than one foot above the base flood elevation.

      (2)   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.

      (3)   New or replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. Water supply treatment facilities shall be provided with a level of protection equal to or greater than one foot above the base flood elevation.

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

   F.   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 base flood elevation. Other material, equipment, or junk vehicles must either be similarly elevated or:

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

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

   G.   Flood control structural works such as levees, flood walls, etc. shall provide, at a minimum, protection from a base 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.

   H.   Water course 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.

   I.   Subdivisions.

      (1)   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.

      (2)   Development associated with subdivision proposals (including the installation of public utilities) shall meet the applicable performance standards of this section.

      (3)   Subdivision proposals intended for residential use shall provide all lots with a means of access which will be passable by wheeled vehicles during a base flood.

      (4)   Proposals greater than five acres or 50 lots or more shall include base flood elevation data for those areas located within the Floodplain Management Overlay District.

      (5)   Proposals greater than five acres or 50 lots or more shall include a study to evaluate existing drainage conditions as compared to developed area drainage conditions. When in the opinion of the Zoning Administrator, Public Works Director, and the City Engineer, based on the supplied drainage information, runoff is being created, on site detention may be required.

   J.   The exemption of detached garages, sheds, and similar structures from the base flood elevation requirements may result in increased premium rates for insurance coverage of the structure and contents; however, said detached garages, sheds, and similar accessory type structures are exempt from the base flood elevation requirements when:

      (1)   The structure shall not be used for human habitation.

      (2)   The structure shall be designed to have low flood damage potential.

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

      (4)   Structures shall be firmly anchored to prevent flotation which may result in damage to other structures.

      (5)   The structure’s service facilities such as electrical and heating equipment shall be elevated or floodproofed to at least one foot above the base flood elevation.

      (6)   Those portions of the structure located less than one foot above the base flood elevation must be constructed of flood-resistant materials.

      (7)   The structure shall not exceed 600 square feet in size.

      (8)   The structure’s walls shall include openings that satisfy the provisions of Paragraph C of this subsection.

   K.   Recreational Vehicles.

      (1)   Recreational vehicles are exempt from the requirements of Paragraph D of this subsection regarding anchoring and elevation of factory-built homes when the following criteria are satisfied:

         a.   The recreational vehicle shall be located on the site for less than 180 consecutive days, and

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

      (2)   Recreational vehicles that are located on the site for more than 180 consecutive days and are not ready for highway use must satisfy the safety requirements of Paragraph D of this subsection regarding anchoring and elevation of factory-built homes.

   L.   Pipeline river and stream crossings shall be buried in the stream bed and banks, or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering.

   M.   Maximum Damage Potential Development. All new or substantially improved maximum damage potential development shall have the lowest floor (including basement) elevated a minimum of one foot above the elevation of the 500-year flood, or together with attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a professional engineer registered in the State of Iowa shall certify that the floodproofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 0.2% annual chance flood; and that the structure, below the 0.2% annual chance flood elevation is watertight with walls substantially impermeable to the passage of water. A record of the certification indicating the specific elevation (in relation to North American Vertical Datum 1988) to which any structures are floodproofed shall be maintained by the Administrator. Where 0.2% chance flood elevation data has not been provided in the Flood Insurance Study, the Iowa Department of Natural Resources shall be contacted to compute such data. The applicant will be responsible for providing the Department of Natural Resources with sufficient technical information to make such determinations.

7.   Appointment, Duties, and Responsibilities of Floodplain Administrator.

   A.   The Zoning Administrator is hereby appointed to implement and administer the provisions of this section and will herein be referred to as the Administrator.

   B.   Duties of the 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 section 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/sign off 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 1988) of the lowest floor (including basement) of all new or substantially improved structures in the special flood hazard area.

      (4)   Record and maintain a record of the elevation (in relation to North American Vertical Datum 1988) to which all new or substantially improved structures have been floodproofed.

      (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.

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

      (7)   Submit to the Federal Insurance Administration an annual report concerning the community’s participation, utilizing the annual report form supplied by the Federal Insurance Administrator.

      (8)   Notify the Federal Insurance Administration of any annexations or modifications to the community’s boundaries.

      (9)   Review subdivision proposals to insure such proposals are consistent with the purpose of this ordinance and advise the Board of Adjustment of potential conflict.

      (10)   Maintain the accuracy of the community’s Flood Insurance Rate Maps when;

         a.   Development placed within the floodway results in any of the following: an increase in the base flood elevations, or alteration to the floodway boundary

         b.   Development placed in Zones A, AE, AH, and A1-30 that does not include a designated floodway that will cause a rise of more than one foot in the base elevation; or

         c.   Development relocates or alters the channel.

Within 6 months of the completion of the development, the applicant shall submit to FEMA all scientific and technical data necessary for a Letter of Map Revision.

      (11)   Perform site inspections to ensure compliance with the standards of this section.

      (12)   Forward all requests for Variances to the Board of Adjustment for consideration. Ensure all requests include the information ordinarily submitted with applications as well as any additional information deemed necessary to the Board of Adjustment.

8.   Floodplain Development Permit.

   A.   Permit Required. A Floodplain Development Permit issued by the Administrator shall be secured prior to any floodplain development, any manmade change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, filling, grading, paving, storage of materials and equipment, excavation or drilling operations, including the placement of factory-built homes.

   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, tract, 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 proposed work is intended.

      (4)   Elevation of the base flood.

      (5)   Elevation (in relation to North American Vertical Datum 1988) of the lowest floor (including basement) of structures or of the level of which a structure is to be floodproofed.

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

      (7)   Location and dimensions of all structures and additions.

      (8)   Such other information as the Administrator deems reasonably necessary for the purpose of this section.

   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 section 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 Zoning 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 other than authorized shall be deemed a violation of this chapter. The applicant shall be required to submit certification by a professional engineer or land surveyor, registered in the State of Iowa, that the finished fill, building floor elevations, floodproofing, or other flood protection measures were accomplished in compliance with the provisions of this section, prior to the use or occupancy of any structure.

9.   Variance.

   A.   The Zoning Board of Adjustment may authorize upon request in specific cases such variances from the terms of this section that will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this section will result in unnecessary hardship. No variance shall be granted for any development within the floodway. Variances granted must meet the following applicable standards.

      (1)   Variances shall only be granted upon:

         a.   A showing of good and sufficient cause.

         b.   A determination that failure to grant the variance would result in exceptional hardship to the applicant.

         c.   A determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create a nuisance, cause fraud on or victimization of the public.

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

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

         a.   The issuance of a variance will result in increased premium rates for flood insurance, as high as $25.00 for $100.00 of insurance coverage.

         b.   Such construction increases risks to life and property.

      (4)   Variances shall only be granted upon the concurrence or other approval of the Iowa Department of Natural Resources.

   B.   Factors Upon Which the Decision of the Zoning 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 chapter and:

      (1)   The danger of life and property due to increased flood heights or velocities caused by encroachments.

      (2)   The danger that materials may be swept onto other land or downstream to the injury of others.

      (3)   The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.

      (4)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

      (5)   The importance of the proposed service facility to the City.

      (6)   The requirements of the facility for a floodplain location.

      (7)   The availability of alternative locations not subject to flooding for the proposed use.

      (8)   The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

      (9)   The relationship of the proposed use to the comprehensive plans and floodplain management program for the area.

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

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

      (12)   Such other factors which are relevant to the purpose of this section.

   C.   Conditions Attached to Variances. Upon consideration of the factors listed above, the Zoning Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose of this section. Such conditions may include, but not necessarily be limited to:

      (1)   Modification of waste disposal and water supply facilities.

      (2)   Limitation of periods of use and operation.

      (3)   Imposition of operational controls, sureties, and deed restrictions.

      (4)   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 section.

      (5)   Floodproofing measures.

10.   Nonconforming Uses.

   A.   A structure, or use of a structure, or lot which was lawful before the passage or amendment of the ordinance codified in this section, but which is not in conformity with the provisions of this section, may be continued subject to the following conditions:

      (1)   If such a use is discontinued for three consecutive years, any future use of the building or lot shall conform to this section.

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

   B.   If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50 percent of the market value of the structure before the damage occurred, except unless it is reconstructed in conformity with the provisions of this section. This limitation does not include the cost of any alteration to comply with existing State or local health, sanitary, building, safety codes, 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.

11.   Amendments. The regulations and standards set forth in this section 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.

12.   Penalties for Violation. Violations of the provisions of this section or failure to comply with any of the requirements shall constitute a misdemeanor. Any person who violates this section or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 or imprisoned for not more than 30 days. Nothing herein contained prevents the City from taking such other lawful action as is necessary to prevent or remedy violation.

 

FIGURE 1

LOT LAYOUT – SETBACKS, ETC.

FIGURE 2

SITE PLAN