HomeMy WebLinkAbout1987-05-05 OrdinanceORDINANCE N0,
OId7I4ANCE TO *END THE SPECIAL VEHICLE PAWING AND
STORAGE F121111DENTS OF RE ZONING OROINAIICE.
*EREAS, the Off -Street Parking Requirements are
intended to minimize congestion and parking on the
street and on adjacent properties; and
1dEREAS, it is in the interest of the City to
regulate encroadments
adequate visibility finto required yards to ensure
or safe and efficient novment
Of vehicular traffic and to minimize the appearance
of overcrowding and congestion; and
k 141, certain vehicles, because of special
characteristics, may crowd a site and diminish the
amount of light and air to adjacent properties.
NOW, THEREFORE, ff IT RESOLVM BY TIE CITY OF
IOWA CM:
SECTION I, AFEt[FE _. That Section 36-56(g) of
the �e o notes shall be welded by deleting
said Section and inserting in lieu thereof the
following;
(g) Aial Vehicle ParkirhQ and Stmace. In R
zones, cause o ing
err h}�e
Of certain vehicles shall WitParh
the
following requirements. with the
(i) General provisions.
a. Vehicles more than seven and
one half (7-1/2) feet in height or
more than 17-1/2 feet in length
shall not be parked in the front
yard or side yard, except upon a
regularly constructed aisle for
Purposes of loading and unloading
for a period not to exceed 48
consecutive hours.
b. Except for the purpose of making
local deliveries, camercial
vehicles designed for the shipment
Of detonable rneterials or flamme-
ble solids, liquids or gases shall
not be Parked on any lot in an R
zone.
(2) Special provisions.
a. After (ore year after the date of
adaption of this Section), in R
zones the ng
, rho-canfornd use
Provisions of this chapter shall
not
r respect parking
in or sideyardo
vehicles More than seven and
one-half (7-1/2) feet in height or
more than 17-1/2 feet in length.
Parking for such vehicles which
does not confamh to the provisions
G 13
_1
Ordinance No.
Page 2
hereof shall be relocated so as to
conform to the provisions of this
Section.
SECTION II. REPEALER: All ordinances and parts
of ordinances in con ,ct with the Provisions of
this ordinance are hereby repealed.
SECTION III. SEVERABILITY: If an
provision or par o rs mance shallbeaced-
judged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or
Part thereof not adjudged invalid or unconstitu-
tional.
shalll be OO effect ft its finalE �s��, approval
This Ordinance
and Publication as required by law.
Passed and approved this
MAYOR
ATTEST:
It was rmved by and seconded by
the Ordinance be a t, a — _that
upon roll tail there —were:
AYES: NAYS: AMW:
Mrbrisco
Baker
Dickson
Erdahl
McDonald
Strait
Zuber
First Consideration
Vote for passage:
Second Consideration
Vote for passage:
Date published
6 43
-I
City of Iowa City
MEMORANDUM
Date: March 27, 1987
To: Planning & Zoning Commission
From: Monica Moen, Associate Planner `ett-,
Re: Dimensions of Special Vehicles
At the request of the Commission, additional information regarding the
dimensions of certain vehicles, namely recreational vehicles (RVs) and
passenger vans, has been obtained. The Commission, I believe, wants to be
assured that vehicles used on a daily basis will not be affected by the
dimensional limitations established in the special vehicle regulations of
the Zoning Ordinance.
According to a local recreational vehicle dealer, the dimensions of rec-
reational vehicles do not vary substantially from one dealer to another.
Except for collapsible camping trailers and truck campers, recreational
vehicles are generally 8 feet wide and 10-1/2 feet in height. No recrea-
tional vehicles presently exceed 11 feet in height. Recreational vehi-
cles, except for truck campers and camping trailers, range in overall
length from 16 feet to 40 feet. Camping trailers are usually 7 feet wide,
about 4 feet high in their collapsed position, and range in overall length
from 15 feet to 22 feet. Truck campers, not mounted on a vehicle, are 7
feet in width and range in length from 7 feet to 11-1/2 feet. When mounted
on a truck, these recreational vehicles approach the 10-1/2 foot height of
other RVs. The attached information lists the various classes of RVs and
depicts the lengths available.
The following chart lists dimensions for a variety of passenger vans:
*This model is customarily purchased by organizations or institutions.
1013
Overall
Make
Wheelbase
Length
Height
Dodge
9.33
ft.
14.66 ft.
5.37
ft.
GMC
9.25
ft.
14.73 ft.
6.14
ft.
Chrysler/Plymouth
9.92
ft.
15.88 ft.
5.39
ft.
Dodge
9.92
ft.
15.88 ft.
5.39
ft.
GMC
10.42
ft.
16.83 ft.
6.63
ft.
GMC
10.42
ft.
16.83 ft.
6.83
ft.
Ford
11.50
ft.
17.23 ft.
6.74
ft.
Ford
11.50
ft.
17.23 ft.
6.96
ft.
Ford
11.50
ft.
18.90 ft.*
7.00
ft.
*This model is customarily purchased by organizations or institutions.
1013
Page 2
While most vans are under 7 feet in height, some passenger vans are
customized with a raised roof which can add 6"-8" of height to the overall
height of the van. Restricting special vehicles greater than 7-1/2 feet
from being parked within required front or side yards is not expected to
impose a hardship on individuals using passenger vans on a daily basis.
Standard parking spaces must be 19 feet long and the Zoning
requires front yards within residential zones to have a minimum depth of
20 feet. Alength limitation of Ordinance
ordinance amendment. 17-1/2 feet is suggested in the proposed
This length would allow vehicles that are driven
property, the would
don'tassure
encroachaontohthethese Publ vehicles are parked on private
Y
Public right-of-way.
Please note that with the proposed amendment, a vehicle must only exceed
one of the dimensional requirements, that is
order to be restricted from the front Yard or�sede yarde7ght or length, in
A COPY of the ordinance is attached. Proposed amendments to the ordinance
are highlighted in bold script. A recent edition of "The Zoning
which addresses the issue of recreational vehicles, trucks and inoperable
vehicles in residential zones is enclosed for your information. and
Report"
have any questions or desire additional information
356-5247. 1f you
Please call me at
/sP
G/3
SPECIAL VEHICLE PARKING AND STORAGE
PROPOSED AMENDMENTS
Section 36-58(g) Special vehicle parking and storage. In an R zone cer-
tain vehicles because of special characteristics shall comply with the
following requirements:
(1) General provisions.
a. Vehicles more than seven and one-half (7-1/2) feet in height or
more than 17-1/2 feet in length shall not be parked in the front
yard or side yard, except upon a regularly constructed aisle for
the purposes of loading and unloading for a period not to exceed
48 consecutive hours.
b. Commercial vehicles designed for the shipment of detonable mate-
rials or flammable solids, liquids or gases shall not be parked
on any lot in an R zone except for the purpose of making local
deliveries.
(2) Special provisions.
a. After (one year after the date of adoption of this Section),
1988, the non -conforming use provisions of this chapter shall not
apply with respect to parking vehicles more than seven (7) feet
in height in the front yard or side yard of properties in an R
zone. Parking for such vehicles which does not conform to the
provisions hereof shall be relocated so as to conform to the
provisions of this Section.
413
-1
;7w C I -i{ - 'J.
P
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340 Split Bath (R •gym
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Coventry: Gaucho std.
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190 Mid -Bash (Coventry)
230 Rear Balh (Coventry)
250 Walk Thru Bath (Coventry)
280 Rear Kitchen (Classic & Coventry) 1, 2.3
290 Walk Thru Bath(Classic& Coventry) 2, 3
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310 Mid -Bath (Classic & Coventry) 1, 2.3
350 Walk Thru Bath (Classic & Coventry) 2,3
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260 Front Kitchen (Classic, Coventry, Crusader) 2, 3
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—
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City of Iowa City
= MEMORANDVM
Date: March 13, 1987
To: Planning and Zoning commission
From: Monica Moen, Associate Planner %jl6e✓
Re; Special Vehicle Parking and Storage
Regulations dealing with lot sizes
structures are aimed lot
Yard sizes, and the
ute toward "livabilit „ Y at the qualities that collectively bulk of
in various areas- to ensurehadequatep attempt
control the y contrib-
safe leisure and recreation space for light air' and Population density
a healthful and safePeople; and Privacy; to afford
lish relationships betweenthe
environment, These dimensional general,quire to maintain
landscape that is either o built environment and that
f the
the physical environment pen or left undeveloped, The that part of the
between buildings, is determined by the ben areasalanceeneral quality of
other elements that complete the landscape natural featuresthaand �sall
truck
the
One purpose of the front yard setback requirement is to maintain a consis-
tent and uniform
streets: Maintaining distance of buildings and
structures and efficient movement this
vehicular traffic and miimizes the a adjacent
? of overcrowding and con adequatevisibility for safe
Of overcrowding between and
congestion. Side yard setbacks assure light
privacy
neighboring Properties and reduce fire hazards, ' and
Although the Zoning Ordinance allows encroachments of
(Section 36-68) into required yards, these obstructions
special conditions that assure that the various types
meets are not compromised. Purposes of the setbackre urequireect -
and for obstructions which are lesstvisuall disru tive
j buildin ent Of encroachment into a required
permitted of larger is greater than the amount ofP such as certain
i to the size l accessory
obstructions such as accessory buildihmentngs.
that is
it a congested appearance,Y buildings, their ability to crowdyabsite�and Due
light and air entand their ability to diminish the amount sof
not permitted tooen adjacent
upon properties
required acfront essory buildings
five feet of a side lot line of property9 are generally
located yard
nre residential extend
zone.
Because vehicles in excess of seven feet in
height have similar disruptive and environmentally consumptive characteristics as
buildings, the setback requirements that are imposed upon accessory build-
ings
visually
inti are also placed on vehicles which exceed accessory
Ings . the seven foot heightblimi-
The proposed ordinance amendment recognizes that
Purposes of loading and unloadingg � from time to
vehicle in a required front 'or it may be necessary de ark acme, for
In
order to prevent storage of such a vehicle yard of a residential yarzond,
special
ever, the proposed amendment limits the amount of time in whfront or ich yarspecial
413
2
vehicle can be parked in either required yard. The intentions of this
amendment, like the purpose of the regulations which restrict accessory
buildings from encroachment onto front and side yards, is to minimize the
obtrusive effects of these vehicles on a particular lot and on adjacent
properties.
The rationale behind the seven foot height requirement is that any vehicle
which exceeds 7 feet in height will have other substantial dimensions and,
most likely, will be used only on special occasions and will not be moved
on a daily basis. The potential for such a vehicle to be stored and to,
therefore, compromise the intentions of the front and side yard setbacks
is increased.
A copy of the ordinance is attached. Proposed amendments to the ordinance
are highlighted in bold script. If you have any questions or desire
additional information, please call me at 356-5247.
tp5/1
GI3
-7
SPECIAL VEHICLE PARKING AND STORAGE
PROPOSED AMENDMENTS
Section 36-58(g) Special vehicle parking and storage. In an R zone cer-
tain vehicles because of special characteristics shall comply with the
following requirements:
(1) General provisions.
a. Vehicles more than seven (7) feet in height shall not be parked
in the front yard or side yard, except upon a regularly
constructed aisle for the purposes of loading and unloading for a
period not to exceed 48 consecutive hours.
b. Commercial vehicles designed for the shipment of detonable mate-
rials or flammable solids, liquids or gases shall not be parked
on any lot in an R zone except for the purpose of making local
i
deliveries.
(2) Special provisions.-
a.
rovisions.
a. After (one year after the date of adoption of this Section),
1988, the non -conforming use provisions of this chapter shall not
apply with respect to parking vehicles more than seven (7) feet
in height in the front yard or side yard of properties in an R
zone. Parking for such vehicles which does not conform to the
provisions hereof shall be relocated so as to conform to the
provisions of this Section.
413
MAY 41987 D
ME
MARIAN KARR
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'yy �OQ�D
7%r MAY 41967
MARIAN K. KARR
CITY CLERK (3)
6 /3
i
40�
F o L E 0
MAYO 1987
1309 Brookwood Sr,
CITY CLERIC Iowa City, Iowa
May 2, 1987
Mayor & City Council Members
Civic Center
City of Iowa City
Bei Proposed change in ordnance regarding pA R YlI/j
recreational vehicle on properties.
Iowa City Council,
As concerned homeowners and tax payers, we wish to voice our
disapproval of the chabges being considered concerning an ordnance
Prohibiting parking of recreational vehicles on private property.
We feel this is an infringement of our rights due to the fact we
pay taxes on our property and license our motor home. Our vehicle
Is used for camping all year round, and it would inconvenience us
to park it elsewhere. We maintain our house and yard, plus the
city owned lawn behind our house on the Hiway 6 bypass. Our motor
home is parked alongside the house, and obstructs no one's view.
It is no more unsightly than the old junk care, trash, etc. on some
property.
In addition, dither taxpayers and vehicle owners have gone to
considerable expense to provide gravel and cement pads, and carports
to house their vehicles on.
We ask that you consider the above in your discussion of the ordnance
Concerned citizens,
Ruth A. Wei and
Edward H. Kintz
1309 Brookwood Dr.
Iowa City, Ia. 52240
6/3
_-T
i
;J,j
Submitted by Glenn Roberts
G/3
Submitted by Dick Buxton
413
qd
Submitted by Dick Buxton
40
A�
Submitted by Dick Buxton
1013
__T
ORDINANCE NO. 87-3318
AN ORDINANCE AMENDING THE FLOOD PLAIN REGULATIONS AND MOVING THEM FROM THE
ZONING ORDINANCE TO CHAPTER 11 OF THE MUNICIPAL CODE.
WHEREAS, the City of Iowa City, as a participant in the National Flood
Insurance Program, has received a mandate from the Federal Emergency
Management Agency (FEMA) to amend local flood plain management regulations
in accordance with final rules published in 44 CFR Parts 59, 60, 61, 65,
70, 73 and 76, August 25, 1986; and
WHEREAS, the Iowa Department of Natural Resources has incorporated these
rules in a model ordinance which is compatible with Iowa statutes and
I advises the adoption of this ordinance at the local level; and
!i
I WHEREAS, the model ordinance, with minor modificatioseons, is consistent with
I mhnimize theed pextent of floodsof Iowa a
ndsthe Josses fincurredninefloodi hazard
areas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
SECTION I. AMENDMENTS.
1. That Section 36-31 through 36-37 of the Code of Ordinances is hereby
deleted and reserved.
2. That the following Chapter is adopted:
Chapter 11 - Environmental Regulations
ARTICLE I. IN GENERAL.
SECTIONS 11-1. - 11-6. Reserved.
ARTICLE II. FLOOD PLAIN MANAGEMENT ORDINANCE
SECTION 11-7. Legal Authority, Findings of Fact and Purpose.
(a) LegalAuthority
Chapter 364 of the Code of Iowa grants cities the authority, except as
laws of the expressly limited by the Constitution and if not inconsistent with the
it deemseneral appropriatebto,to protectrandepreserveethenrriphts, privileges any func-
tionand property of the city or of its residents, and to preserve ndimprove'
the peace, safety, health, welfare, comfort, and convenience of its resi-
dents.
(b) Finding_ s Of
(1) The flood hazard areas of Iowa 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, extraordinary public expenditures for flood protection
6/07
Ordinance No, 87-3318
Page 2
and relief, and impairment of the tax base, all of which ad-
versely affect the peace, safety, health, welfare, comfort, and
convenience of its residents.
(2) These flood losses, hazards, and related adverse effects are
caused by: i) the occupancy of flood hazard areas by uses vul-
nerable to flood damages which create hazardous conditions as a
result of being inadequately elevated or otherwise
from flooding, and ii) the cumulative effect protected
If obstructions on
the flood plain causing increases in flood heights and veloci-
ties.
(3) This ordinance relies upon engineering methodology for analyzing
byothehDepartmentcofiNaturalsResources,tent with the standards established
(c) Statement of purpose
It is the purpose of this ordinance to protect and preserve the rights,
privileges and property of Iowa City and its residents and to preserve and
to improve the peace, safety, health, welfare, and comfort and convenience
! of its residents by minimizing those flood losses described in subsection
(b)(2) above with provisions designed to:
i
(1) Reserve sufficient flood plain area for the conveyance of flood
flows so that flood heights and velocities will no
substantially, t be increased
(2) Restrict or prohibit uses which are dangerous
ar property in times of flood to health, safety
or which cause excessive increases
in flood heights or velocities.
re
vul
erable to floods,
(3) ties
iwhichaservessuch n ses, be protected against floodldamage lat
the time of initial construction.
(4) Protect individuals from buying lands which are unsuited for
intended purposes because of flood hazard.
(5) Assure that eligibility is maintained for property owners in the
city to purchase flood insurance through the National Flood
Insurance Program.
SECTION 11-8. Definitions.
Unless specifically defined below, words or phrases used in this ordinance
shall be interpreted so as to give them the meaning they have in common
i usage and to give this ordinance its most reasonable application.
(b)(1) BASEMENT - Any enclosed area of a building which has its floor or
lowest level below ground level (subgrade) on all sides. Also see
"lowest floor,"
V7
Ordinance No. 87-3318
Page 3
(d)(1) DEVELOPMENT - Any man-made change to improved or unimproved real
estate, including but limited to buildings or
tures, minim
filling, gradin dredging, streambank other struc-
9, paving, excavation or drilling control measures,
(f)(1) FACTORY -BUILT NOME g operations.
which is wholly or - Any structure, designed for residential use
which
assembled y in substantial part, made, fabricated
assembly and installatimanuon
facilities for formed
this Ordinance , on a buildin installation or
turgid homes and factory -built homes include m For the purpose of
travel trailers modular homes and also include homes, manufac-
greater than and other similar vehicles Park trailers,
tion
greater
than 180 consecutive days. [Editoriajaced on a site for
travel trailers home in the Zoning Ordinance sl Note: he defini-
and similar vehicles.] y excludes
(Z) FACTORY -BUILT NOME PARK - A parcel or contiguous
divided into two or more factory -built
sale' homeoulotsarfors of land
rent or
(3) inundation general and temporary condition of partial or complete
in Of normally dry land areas resulting from the overflow
surface ms os from
or from ffof
an any source, the unusual and rapid runoff of
(4) FLOOD
ELEVATION - The elevation floodwaters
particular site during the occurrence of
instance would reach at a
waters related 100 -year flood elevation is thepecific flood,
to the occurrence elevation of For
of the 100 -year flood, flood
(5) FLOOD INSURANCE RATE MAP - The official map prepared as
(but published separately The
the Flood Insurance
delineates both the flood hazard areas Part of
which
applicable to the c and the risk premium zones
ommunity.
(6) FLOOD INSURANCE STUDY - A study initiated, funded, and
y the Federal Insurance Administration for the
sting in detail existence and severity Published
stingPurpose of evalu-
ating
providing the citytwith the necessary information for adopting
hazards;
I
insurance Plain atesnag�ent program; and establishingadopting a
actuarial flood
(7) FLOOD PLAIN - Any land area susceptible inundated by
water as a result of a flood. to being
(8) FLOOD PLAIN MANAGEMENT - An overall program of
Preventive measures for reducing flood dams
wise use of flood corrective and
Preparedness plains, including but not 1{mind Promoting the
Plain management inregflood nsntrol works, flood -proofing emergency
9 and flood
9/'
Ordinance No. 87-3318
Page 4
(9) FLOODPROOFING - Any combination of structural and non-structural
additions, changes, or adjustments to structures, including util-
ity and sanitary facilities, which will reduce or eliminate flood
damage to such structures.
(10) the FLOODWAY - The channel of a river or stream and those portions of
required to plains o
tocarry anddischarge flood the n watersior floodr flowsabso
that confinement of flood flows to the floodway area will not
result in substantially higher flood levels and flow velocities.
(11) FLOODWAY 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 veloci-
ties:
(1)(1) 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 1.10.(a)(4)a. and
b. The enclosed area is unfinished (not carpeted, dr walled
etc.) and used solely for low damage potential uses such as
building access, parking or storage, and
c. Machinery and service facilities (e, g,, hot water heater,
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.
(n)(1) 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,
(0)(1) ONE HUNDRED (100) YEAR FLOOD - A flood, the magnitude of which has
a one (1) percent chance of being equalled or exceeded in any
asstaonce every r or ,o ehundred
n average,
will be equalled or exceeded
( ) )years.
917
_.T
Ordinance No. 87-3318
Page 5
(s)(1) 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.
(2) SUBSTANTIAL IMPROVEMENT - Any improvement to a structure which
satisfies either of the following criteria:
a. Any repair, reconstruction, or improvement of a structure, the
cost of which equals or exceeds 50 percent of the market value
of the structure either (i) before the improvement or repair
is started, or (ii) if the structure has been damaged, and is
being restored, before the damage occurred. For the purposes
of this definition, "substantial improvement" is considered to
occur when the first alteration affects the external dimen-
sions of the structure. The term does not, however, include
any project for improvement of a structure to comply with
existing state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe
conditions for the existing use.
b. Any addition which increases the original floor area of a
building by 25 percent or more. All additions constructed
after June 5, 1985, shall be, added to any proposed addition in
determining whether the total increase in original floor space
would exceed 25 percent.
SECTION 1-9. General Provisions.
(a) Lands to Which Regulations ADDI
These flood plain management regulations shall apply to all lands and uses
which have significant flood hazards. The Flood Boundary and Floodway Map
and the Flood Insurance Rate Map, dated June 5, 1985, which were prepared
as part of the Iowa City Flood Insurance Study, shall be used to identify
such flood hazard areas and all areas shown thereon to be within the
boundaries of the 100 -year flood shall be considered as having significant
flood hazards. Where uncertainty exists with respect to the precise
location of the 100 -year flood boundary, the location shall be determined
on the basis of the 100 -year flood elevation at the particular site in
question. The Iowa City Flood Insurance Study is hereby adopted by refer-
ence and is made a part of this ordinance for the purpose of administering
flood plain management regulations.
(b) Compliance
No structure or land shall hereafter be used and no structure shall be
located, extended, converted or structurally altered without full compli-
ance with the terms of this ordinance and other applicable regulations
which apply to uses within the jurisdiction of this ordinance.
Ordinance No. 87-3318
Page 6
(c) 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
shall prevail. All other ordinances inconsistent with this ordinance are
hereby repealed to the extent of the inconsistency only.
(d) 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.
(e) Warning and Disclaimer of Liability
The degree of flood protection required by this ordinance is considered
reasonable for regulatory purposes and is based on engineering and scien-
tific methods of study. Larger floods may occur on rare occasions. Flood
heights may be increased by man-made or natural causes, such as ice jams
and bridge openings restricted by debris. This ordinance does not imply
that areas outside the regulated areas or that uses permitted within the
regulated areas will be free from flooding or flood damages. This ordi-
nance shall not create liability on the part of Iowa City or any officer
or employee thereof for any flood damages that result from reliance on
this ordinance or any administrative decision lawfully made thereunder.
(f) Severability
If any section, clause, provision or portion of this ordinance is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the
remainder of this ordinance shall not be affected thereby.
SECTION 1-10. Flood Plain Management Standards.
(a) General Flood Plain Standards
All uses must be consistent with the need to minimize flood damage and
shall meet the following applicable performance standards. Where 100 -year
flood data has not been provided in the Flood Insurance Study, the Depart-
ment of Natural Resources shall be contacted to conpute such data.
(1) All structures shall be (i) adequately anchored to prevent
flotation, collapse or lateral movement of the structure, (ii)
be constructed with materials and utility equipment resistant to
flood damage, and (iii) be constructed by methods and practices
that minimize flood damage.
(2) Residential buildings - All new or substantially improved resi-
dential structures shall have the lowest floor, including
basement, elevated a minimum of one (1) ft, 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-
617
Pagenjnce No, 87/-3318
_I
year flood level and extend at such elevation
beyond the 1{mits of any structure erected
methods of elevating at least 18 feet
favorable consideration
as peers) may be allowed Alternate
Department of Natural by the Board subject to
street Resources °f Adjustment and the
such grades, or other factors where existing to o ra
cases, the methods used preclude elevating b p{91 phIn
structure as well as withstandmust be adequate to y
associated with flooding, the various suPPort the
forces and hazards
(3) Non-residential buildings - Alihnew ave Y {mproved
non-residential buildings shall
basement or substantially
flood ) elevated a mini the first floor
level, or together °f one (1) ft, above (including
systems, be floodproeth with attendant the 100 -year
utilized, a to such a level, utility and sanitary
Iowa shall
erti sithat thefloodedWhen intheof
certif re P
adequate act withstand the flood g methods State is
100- uplift
forces and depths, pressures used are
and u de
level
flood; and that the structureactors associated lwith the
is watertight with walls sub staritialjw the 100
passage of water , A record Y im ermea-year flood
specific elevation of the certification to the
Datum) to which an (t relation to National indicating the
tained by the Administ atop. are flood r Geodetic vertical
P oofed shall be main -
(4) Ail new and substantially improved structures;
a• Fully enclosed areas below the "lowest floor"
basements) that are subject to flood {ng shall
automaticall (not includ{ng
walls by allowing lfoe hydrostatic flood forcese onsexte{oo
Designs for meetin the entry and exit
fled b g this requirement of floodwaters,
the follow{e g�stered professional en must either be certi-
9 minimum criteria; mu
or meet or exceed
1• A minimum of two openings having a total net area
less than one square inch for every square foot
closed area subject to of not
flooding shall be provided,of en -
Z• The bottom of all openings shall be no
foot above grade,
higher than one
3, Openings may be equoippdee with screens valves,
or other cover in
the automatic Provided louvers
entry and exit of floodwaterst they permit
b• New and substantially improved structures must
poll modified)
eiflo) and lateral anchored to r designed
be desi
from hydrodynamic movement of the s r ctare flotation,
effects of bouyanc and hydrostatic loads resulting
Y• including the
op
Ordinance No. 87-3318
Page 8
`I
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 so as to prevent water from
entering or accumulating within the components during condi-
tions of flooding.
(5) Factory -built homes:
a. Factory -built homes including those placed in existing fac-
tory -built home parks or subdivisions shall be anchored to
resist flotation, collapse, or lateral movement.
b. Factory -built homes including those placed in existing fac-
tory -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 100 -year
flood level.
(6) Utility and Sanitary Systems
a. 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 shall be
provided with a level of flood protection equal to or
greater than one (1) foot above the 100 -year flood eleva-
tion.
b. On-site waste disposal systems shall be located or designed
to avoid impairment to the system or contamination from the
system during flooding.
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 shall be provided
with a level of protection equal to or greater than one (1)
foot above the 100 -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 equipment that are flammable, explosive
or injurious to human, animal or plant life is prohibited unless
elevated a minimum of one (1) foot above the 100 -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.
417
Ordinance No. 87-3318
Page 9 ---------
(8) Flood control structural works such as levees, flood walls
shall provide, at a miniof 'desiotection from a year flood
with a minimum of 3 ft, � etc.
for adequate interior drainage. design freeboard and hall works shall be g In addition shall provide
control
Resources, approved by the DepartmentctOfaNatural
(9) NO useasha11 affect the capacity or conveyance of the
floOd
y in geyfacilit o is the main stream, drainage other drainage channel or
Y or system. 9 ditch, or
(10) Subdivisions (including factory -built home
amage sand lshallbe cons{stent with the
dama es parks and subdivi-
ex
exposure have adequate dra{naeed to minimize flood
Sion
p to flood damage, evelopment asociateddwith tosu
reduce
SubdivisPo�sals Pshail meet the applicable performance standbdivi-
ards.
Provide all proposals intended for residential development shall
remain passable swith a means of vehicular access that
during occurrence of the 100 -year flood, will
(11) The metemption of detached garages, sheds, and similar structures
increased 100 -year flood elevation requirements
and eased CsLmium rates for insurance may result in
accessory type however, said detached coverage of the structure
elevation type requirements structures are ex em
taraom sheds, and similar
when: P from the 100 -year flood
a, The structure shall not be used for human habitation
b. The structure
Potential.
C, The structure
ing site so as
floodwaters,
shall be designed to have low flood damage
shall be constructed and placed on the build -
to offer minimum resistance to the flow of
d• Structures shall
Which may result
The struct '
be firmly anchored to prevent flotation
in damage to other structures.
heat in ure s service facilities such as electrical
one (1) foot above the 100
elevated
-year or floodproofed and
ment
flood level,
least to at
(b) S ecial Floodwav Provisions
In addition to the General Flood Plain Standards
must meet the following applicable standards• uses within the floodway
Por -
"On of the flood plain which must be
en-
croachment to allow the free flow of The floodway {s that por-
been provided floodwaters.
protected from developmental define the floodwa the Flood Insurance waters. Where flood
Department of Y limits. Where no flood a such data way data has
delineation, Natural Resources shall be contacted has been it be used to
to provide provided, floodway
t0*'
Ordinance No. 87-3318
Page 10
(1) No use shall be permitted in the floodway that would result in
effectsrOfsanynthe developmentaonflood flood levels
the assumption Consideration of the
allowed for Poon that an equal degree of development shallbe based upon
similarly situated lands. would be
(Z) All uses within the floodway 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 or 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 General Flood Plain stan-
dards 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
(7)
(8)
(9)
materials or equipment that are buoyant,
mable
explosive or injurious to human, animal or
ited. Storage of other material ma ilartrem
able from the Y be ailowedn9fireadilypremov-
warning. floodway within the time
available after flood
Watercoursemodifications) alterations deo nrelocations
(channel changes to
capacity within the altered designed
relocated ta nrtion.the flIn addition,
such alterations or relocations must be approved
ment of Natural Resources, In addition,
pproved by the Depart -
Any fill or streambank erosion control projects allowed in the
floodway must be shown to have some beneficial
Purpose and shall
be limited to the minimum amount necessary.
Pipeline river or stream crossings shall be buried
streambed and banks or otherwise sufficient) in the
prevent rupture due to channel degradation and meandering or due
to the action of flood flows, Y Protected to
G/;,
-I
Ordinance No. 87-3318
Page 11
SECTION 1-11. Administration.
(a) Appointment, Duties and Responsibilities of Administrator
(1) The Building Official shall administer and enforce the provi-
sions of this ordinance and will herein be referred to as the
Administrator.
(2) Duties and Responsibilities of the Administrator shall include,
but not necessarily be limited to, the following:
a. Review all flood plain development permit applications to
ensure that the provisions of this ordinance will be satis-
fied.
b. Review all flood plain development permit applications to
ensure that all necessary permits have been obtained from
federal, state or local governmental agencies.
c. Record and maintain a record of: (i) the elevation (in
relation to National Geodetic Vertical Datum) of the lowest
floor of all new or substantially improved buildings or (ii)
the elevation to which new or substantially improved struc-
tures have been floodproofed.
d. Notify adjacent communities and/or counties and the Depart-
ment of Natural Resources prior to any proposed alteration
or relocation of a watercourse.
e. Keep a record of all permits, appeals, variances and such
other transactions and correspondence pertaining to the
administration of this ordinance.
(b) Flood Plain Development Permit Required
(1) Permit Required - A Flood Plain Development Permit issued by the
Administrator shall be secured prior to initiation of any flood
plain development (any man-made change to improved or unimproved
real estate, including but not limited to, buildings or other
structures, mining, dredging, streambank erosion control meas-
ures, filling, grading, paving, excavation or drilling opera-
tions) including the placement of factory -built homes,
(2) Application for Permit - Application for a Flood Plain Develop-
ment Permit shall be made on forms supplied by the Administrator
and shall include the following information:
a. Description of the work to be covered by the permit for
which application is to be made.
b. Description of the land on which the proposed work is to be
done (i.e. - lot, block, tract, street address or similar
description) that will readily identify and locate the work
to be done.
417
Ordinance No. 87-3318
Page 12
c. Indication of the use or occupancy for which the proposed
work is intended.
d. Elevation of the 100 -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. Certification by a registered engineer or land surveyor of
the effect the proposed development will have on the flood-
plain, under the requirements of this ordinance. This
certification requirement may be waived by the City Engineer
in those instances where the City Engineer can make an
adequate determination of the effect of the proposed devel-
opment.
EXEMPTION: All streambank erosion control measures involv-
ing less than 500 linear feet and not extending more than
three feet into the stream channel are exempt from the
certification requirement.
h. Such other information as the Administrator deems reasonably
necessary 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 Board of
Adjustment.
(4) Construction and Use to be as provided in Application and Plans
- Flood Plain Development Permits based on approved plans and
applications authorize only the use, arrangement, and construc-
tion 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 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
finishedthe
oofing, or
otherflood Protectbionlmeasures owere eaccomplished vations�inrcompliance
with the provisions of this ordinance, prior to the use or
occupancy of any structure.
617
Ordinance No. 87-3318
Page 13
(c) Variance
W1
(1) The Board of Adjustment may authorize upon request in specific
cases such variances from the terms of this 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 resultin unnecessary hardship. Variances
granted must meet the following applicable standards:
a. No variance shall be granted for any development within the
floodway which would result in any increase in flood heights
during the occurrence of the 100 -year flood. Consideration
of the effects of any development on flood levels shall be
based upon the assumption that an equal degree of develop-
ment would be allowed for similarly situated lands.
b. Variances shall only be granted upon: (i) 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 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.
c. Variances shall only be granted upon a determination that
the variance is the minimum necessary, considering the flood
hazard, to afford relief. I
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 issu-
ance 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
risks to life and property.
e. All variances granted shall have the concurrence or approval
of the Department of Natural Resources.
(2) Factors Upon Which the Decision of the Board of Adjustment Shall
be Based - In passing upon applications for Variances, the Board
of Adjustment 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.
417
Ordinance No. 87-3318
Page 14
`1
c - The proposed watesysSupply oand prevent
systems and
the
ability of these
and unsanitary conditions, P disease, contamination
d. The susceptibility of
to flothe proposed facility and its contents
od damage and the effect of such dama e
vidual owner•
9 on the indi-
e• The importance
facility to the Citythe services provided
by the proposed
f tion,requirements of the facility I Y for a flood
I Plain
loco -9• The availability
for the of alternative locations not
proposed use, subject to
h• The compatibility of the I prop use with ment and development anticosed
Dated in the foreseeable future•
i• The relationship of the proposed use to the
Plan and flood plain management program for CarP"ehensive
j• The safety of access to the area.
ordinary and emergency the property in tImes I Y vehices, of flood for
( k, The expected heights
sediment transport of velocity, duration j
the floodwater expected yt of rise and
1• Such other factors which are relevant the site.
ordinance. to the
i Purpose of this
(3) Conditions Attached to Variances
factors listed above, the Board opUpon
Conditions to the - Adjustment
consideration of the
further the granting of variancesjastit d may attach such
include, but Purpose of this ordinance. �t deems necessary to
necessarily be limited to; Such conditions may
a• Modification Y
Of waste disposal and water supply facilities,
b• Limitation of periods of use and operation.
C. Imposition of
strictions, °Perational controls
sureties, and deed re-
d Requirements
dikes for construction of channel
levees, and other protective measures modifications,
are approved by the Department of Natural
deemed the Only practical s Provided such
Purpose of this alternative Resources and are
Ordinance. to achieving
e• Flood the
proofing measures.
617
Ordinance No. 87-3318
Page 15
SECTION 1-12. Penalties for Violation.
Violations of the provisions of this ordinance or failure to comply with
any of its requirements may be treated as a misdemeanor, or as a municipal
infraction subject to the provisions of Chapter 1, Article II, Procedures
and Penalties for Municipal Infractions.
SECTION 1-13. Amendments.
The regulations and standards set forth in this ordinance may from time to
time be amended, supplemented, changed, or repealed. No amendment, sup-
plement, change, or modification shall be undertaken without prior ap-
proval of the Department of Natural Resources.
SECTION III. REPEALER: All ordinances and parts of ordinances in con-
flict with the provision of this ordinance are hereby repealed.
SECTION IV. SEVERABILITY: If any section, provision or part of the Ordi-
nance shall e a 3u g o be invalid or unconstitutional, such adjudica-
tion shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitu-
tional.
SECTION V. EFFECTIVE DATE: This Ordinance shall be in effect after its
final passage, approval and publication as required by law.
Passed and approved this 5th day of play, 1987.
�/ MAYORPro tem
ATTEST:
CITY CLERK
puh�nt
It was moved by Baker and seconded by Strait ,
that the Ordinance as read e a op ed and upon roll call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
X COURTNEY
g DICKSON
g MCOONALD
X STRAIT
_ X ZUBER
First consideration -------
Vote for passage:
Second consideration 4/21/87
Vote for passage: Ayes: Courtney, Dickson, Dk:Donald,
Strait, Zuber, Ambrisco, Baker. Nays: None.
Absent: None.
Date published 5/13/87
Moved by McDonald, seconded by Dickson, that the
rule requiring ordinances to be considered and
voted on for passage at two Council meetings prior
to the meeting at which it is to.be finally passed
be suspended, the first consideration be waived and
the ordinance be given second consideration at this
time. Ayes: Baker, Courtney, Dickson, McDonald,
Strait, Zuber, Ambrisco. Nays: None. Absent: None.
GI7
ORDINANCE W. g=g
ORDINANCE TO MW THE OFF-STREET PAFXIhG REQUIRE -
ION OF THE ZONING
TORDINANCE 70 p,ARIFY ME LOCA-
TION REQUTAENEM OF EXISTING PAHCING AREAS
OR I ZONE W41OH ABUT AN R ZONE i1 MARY, INA C
"REAS, the Off -Street Parking RequireMents are
intended to minimize congestion and parking On the
street and on adjacent e Off -S Properties; and
establi�Provhsionstreat Perking Requnremants
Parking spaces, aisles which and drives. and anidate he location of
WFEBEAS, it (@sirable to restrict the location
Of Parking areas within commercial or industrial
zones Aid' abut residential zone boundaries to
moderate the effects of Parking areas located adja-
cent to residential zones,
TOIA C�I71':F47E, BE IT Resp VED By THE CITY OF
SECTION I.
36c a. , a'�NTS. That Section
amended by deleting said SectiOrdinances shall be
lieu thereof the following. and inserting in
3, A parking area in C
hated closer than for I zone shall not be
ive (5) feet to an R zone
boundary; except an existing non -conforming
Parking area with a permanent, dust -fry surfa
may be located within five (5) feet of an R zone
�ry if the parking area is screened frm
vied within the R zone by a solid fence of
durable construction which canplies with theregulaSECTION
of Sec1.. 36-76(j) and Sec. 36.65.
OF 1 ances nom' All ordinances and parts
ordinance a with the provision of this
Snance III. hereby ale'
Prov s on or SEVERABILITY: If any section,
to be invalid orrtunconstitutiona1,, nance shall th adjudged
shall not affect the validity of such adjudication
Mhole or any section, Provision or as a
adjudged invalid or unconstitutional. thereof not
SECTION IV. EFFECTIVE ��:
shall eine fact a er This Ordinance
and Publication as required by law.Passage, approval
Passed and approved
1987 this Sth day of pkry,
R�:cir»ti : haprtirrcc4
�Y Ther l:g:;9 /F1
_! / rr d7T
G/f
c
It was moved by Baker
that the Ordinance as rea e a opted a and nd supon droll ed bceli c ere were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
=X— COURTNEY
X DICKSON
X MCDONALD
STRAIT
X ZUBER
First consideration
Vote for passage:
Second consideration 4/21/87
Vote for passage: Aye—ckson McDonald, Strait, Zuber,
Ambrisco, Baker, Courtney. Nays: None. Absent: None.
Date published 1L1_1 87
Moved by McDonald, seconded by Courtney, that the rule '
1
requiring ordinances to be considered and voted on for
Passage at tivo Council meetings prior to the meeting
t which it is to be finally passed be suspended, the
first consideration be waived and'the ordinance be
given second consideration at this time.
Ayes: Dickson, McDonald, Strait, Zuber, Ambrisco,
Baker, Courtney. Nays: None. Absent: None.
Alp
JORM MICROLAB
SERIES MT -8
PRECEDING
DOCUMENT
It was moved by Baker , and seconded b
ey
that the Ordinance as reade a op ed and upon roll call theren ere:
AYES: NAYS: ABSENT:
_ X AMBRISCO
_ BAKER
E COURTNEY
E DICKSON
E MCDONALD
E STRAIT
I
X ZUBER
First consideration ----
Vote for passage:
i
Second consideration 4/21/87
Vote for passage: Ayes: Dickson, McDonald, Strait, Zuber,
Ambrisco, Baker, Courtney. Nays: None. Absent: None.
Date published 5lt3/87
Moved by McDonald, seconded by Courtney, that the rule
requiring ordinances to be considered and voted on for
passage at two Council meetings prior to the meeting
at which it is to be finally passed be suspended, the
first consideration be waived and'the ordinance be
given second consideration at this time.
Ayes: Dickson, McDonald, Strait, Zuber, Ambrisco,
Baker, Courtney. Nays: None. Absent: None.
Pf