HomeMy WebLinkAboutPZ Agenda Packet 09.03.2025PLANNING AND ZONING COMMISSION
Wednesday, September 3, 2025
Formal Meeting – 6:00 PM
Emma Harvat Hall
Iowa City City Hall
410 E. Washington Street
Agenda:
1. Call to Order
2. Roll Call
3. Public Discussion of Any Item Not on the Agenda
Zoning Code Text Amendment Items
4. Case No. REZ25-0013
Consideration of amendments to Title 14, Zoning related to the City’s Floodplain
Management Standards.
5. Planning and Zoning Information
6. Adjournment
If you will need disability-related accommodations to participate in this meeting, please contact
Anne Russett, Urban Planning, at 319-356-5251 or arussett@iowa-city.org. Early requests are
strongly encouraged to allow sufficient time to meet your access needs.
Upcoming Planning & Zoning Commission Meetings
Formal: September 17 / October 1 / October 15
Informal: Scheduled as needed.
Date: September 3, 2025
To: Planning & Zoning Commission
From: Madison Conley, Associate Planner, Neighborhood & Development Services
Re: Zoning Code Amendment (REZ25-0013) related to 14-5J Floodplain Management
Introduction
The Iowa City Zoning Code (Title 14) is subject to alteration and clarification as situations and
circumstances change throughout the city. The proposed ordinance (Attachment 1) is an
amendment to the City’s Floodplain Management Standards, which were last revised in 2010.
(Ord. No 10-44-14)
The purpose of the proposed amendments is twofold:
1. To adopt the effective Flood Insurance Rate Maps (FIRMs) and Flood Insurance Study
(FIS) submitted to the City by FEMA on June 26, 2025.
2. To align and update the City's current regulations with updated NFIP standards and
ensure continued program compliance.
For Iowa City residents and businesses to have continued eligibility to obtain insurance and
participate in the National Flood Insurance Program (NFIP), FEMA requires communities to
have conforming regulations in place six months following the submittal date of the updated
materials (December 26, 2025).
Additionally, the City received a formal notice from FEMA (Attachment 2) that Iowa City is
required, as a condition of continued eligibility in the NFIP, to adopt or show evidence of
adoption of the floodplain management regulations that meet the standards of 44 Code of
Federal Regulations (CFR) Part 60.3 (d) of the NFIP regulations by the effective date of the
FIRM. Communities that fail to enact the necessary floodplain management regulations will be
suspended from participation in the NFIP. These updates are critical to maintaining the City’s
NFIP participation and to supporting sound floodplain management practices across the
community.
Background
The City of Iowa City officially joined the NFIP on May 2, 1977, when its first FIRM became
effective. The NFIP, administered by FEMA provides federally backed flood insurance to
homeowners, renters, and business owners in participating communities.
To maintain eligibility in the program, communities must adopt and enforce minimum floodplain
management regulations established by FEMA through the NFIP. These standards are
designed to reduce future flood damage and are codified in Title 44, Chapter 1, Subchapter B,
Part 60.3 of the CFR. While the NFIP sets minimum regulatory requirements, it also encourages
participating states and communities to adopt higher standards where appropriate, to better
protect people and property from local flood hazards.
In addition to participating in the NFIP, the City also takes part in the voluntary Community
Rating System (CRS) Program. This program recognizes communities that go above and
beyond the NFIP’s minimum standards by offering flood insurance premium discounts to
residents and businesses. Iowa City’s participation in CRS demonstrates its continued
commitment to flood risk reduction and community resilience.
The City of Iowa City currently exceeds several core NFIP regulatory requirements through the
implementation of enhanced local standards, which provide additional protection for people,
property, and infrastructure in flood-prone areas. The higher standards Iowa City has already
adopted and enacted as a delegated community include the following:
1. Elevation and Freeboard
FEMA requires residential structures in Special Flood Hazard Areas (SFHAs) to be
elevated to the Base Flood Elevation (BFE). Iowa City requires all new or substantially
improved residential structures to be elevated at least one foot above the 0.2% annual
chance flood event, adding an extra buffer of protection.
2. Regulation of the 0.2% Annual Chance Flood Event (500-Year)
While FEMA does not mandate regulation of the 0.2% annual chance flood event, Iowa
City regulates development within this area. This approach mitigates risks from less
frequent but potentially damaging flood events.
3. Substantial Damage / Improvement Criteria
Structures that are substantially damaged or improved, meaning the cost of repair or
improvement equals or exceeds 50% of the structure’s market value, must meet current
floodplain development standards. Iowa City meets the minimum threshold requirement
but regulates to a higher standard by including a criteria that states any addition which
increases the original floor area of a building by twenty five percent (25%) or more will
require compliance.
4. Protection of Critical Facilities
Iowa City has enforced that Class 1 Critical Facilities, such as police and fire stations,
emergency medical centers, communication centers, hospitals, jails, nursing homes, and
other residential uses for persons with limited mobility and/or dependency upon life
sustaining medical equipment may not be located within a flood hazard area and must
remain accessible during the 0.2% annual chance flood event.
5. Stricter Design Requirements for Enclosures
Enclosed areas below the lowest floor of structures in the floodplain must meet strict
FEMA-compliant venting requirements. These prevent hydrostatic pressure from
damaging buildings and reduce the risk of structural failure during flooding.
6. Dry-Floodproofing
The City requires a dry-floodproofing certificate and floodproofing plan of action for non-
residential structures to ensure compliance.
These higher standards reflect Iowa City’s commitment to long-term flood resilience, public
safety, and eligibility for discounted flood insurance under the CRS Program for its community
members.
Proposed Amendments
Table 1 summarizes Iowa City’s current standards and proposed amendments. The proposed
amendments enhance the current regulations and therefore allow the City to recover faster from
a flood event, reduce overall flood risk, and remain eligible for federally supported assistance.
Table 1: Summary of Current and Proposed Amendments to Iowa City’s Floodplain
Management Standards
Category Current Standards Proposed Amendments
based on 2010 ordinance
language.
FEMA and Iowa Department of
Natural Resources (IA DNR)
terminology. Add or clarify terms.
Floodplain “development” with limited
examples.
grading, fill, utility work, etc. Refine
permit requirements for substantial
improvement or damage.
detached structures in
floodplains.
accessory structures (e.g.,
detached garages, sheds, etc.) in
flood hazard areas, specifically
when elevation of floodproofing is
enforcement language that
lacks details aligned with
FEMA.
violations are defined, enforced,
and resolved per FEMA and local
expectations.
Encroachment “no-rise” requirements. allowed in floodways without a
certified no-rise analysis and
certificate by a licensed engineer.
structures must be elevated
1 foot (1 ft) above the 0.2%
annual chance flood event
(already exceed’ s FEMA’s
minimum requirement).
venting, anchoring, and
construction standards apply to all
new or substantially improved
structures.
Permit Process Permit process exists but
lacks specificity on required
documentation.
construction documentation (e.g.,
elevation certificates, cost
estimates). Clarify steps for
compliance.
general zoning variance
language.
specific to floodplain standards and
includes where to find variance
Analysis
By exceeding the NFIP minimum criteria, Iowa City also qualifies for participation in the CRS
program, overseen by FEMA. This program rewards communities that surpass the compliance
requirements by providing a flood insurance discount to community members. CRS classes,
administered by FEMA, rank communities based on flood risk reduction activities, from Class 1
(highest points, 45% discount) to Class 10 (no points, no discount). The classes are determined
by a points-based system for activities like public outreach and floodplain management,
encouraging communities to go beyond minimum NFIP requirements. The City of Iowa City
currently holds a Class 6 rating within this program, resulting in a 20% discount on flood
insurance premiums for properties located throughout the City, whether they are in a mapped
flood zone or not.
The discount reflects the City’s proactive measures in floodplain management, and its
commitment to keeping residents and properties within the flood hazard areas safe. In order to
maintain the CRS classification and receive the benefits of a participating community, the City
must continue to enforce and uphold more stringent floodplain management standards.
Iowa City faces unique and distinctive flood hazard risks. In adopting the proposed
amendments, the City can continue to exceed the NFIP minimum requirements for compliance,
and as a result, remain well-equipped in response to the dynamic flood hazard risks the
community faces. The proposed amendments contribute to this effort.
Next Steps
Pending a Planning and Zoning Commission recommendation, the City Council must hold a
public hearing to consider the proposed text amendments.
Staff Recommendation
Staff recommends that Title 14 Zoning be amended, as illustrated in Attachment 1, to update
requirements related to floodplain management standards for Iowa City residents and
businesses to have continued eligibility to obtain insurance and participate in the National Flood
Insurance Program.
Attachments
1. Draft Zoning Code Floodplain Management Standards Text Amendments
2. FEMA Formal Letter to the City of Iowa City
Approved by: _____________________________________________
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
ATTACHMENT 1
Draft Zoning Code Floodplain Management
Standards Text Amendments
14-8B-5: FLOODPLAIN DEVELOPMENT PERMIT:
A. Permit Required: A floodplain development permit issued by the building official shall be
secured prior to initiation of any development on a tract of land within a flood hazard area.
B. Submittal Requirements: The building official may require the following information:
1. Description of the work to be covered by the permit.
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. Location and dimensions of all structures.
34. Indication of the use or occupancy for which the proposed work is intended.
45. Elevation of the flood hazard event base flood and 0.2% annual chance flood event.
Where flood elevation data is not provided in the flood insurance study, the applicant shall contact
the Iowa dDepartment of nNatural rResources to obtain such data.
56. Elevation (in relation to national geodetic vertical datum North American Vertical Datum
1988) of the lowest floor, including basement, of buildings structures or of the level to which a
building is to be floodproofed.
67. For buildings structures being improved or rebuilt, the estimated cost of improvements
and market value of the building structure prior to the improvements.
78. Such other information as the administrator building official deems reasonably necessary
for the purpose of determining compliance with the requirements of cChapter 5, aArticle J,
"Floodplain Management Standards", of this title.
C. Approval Procedure: The building official shall, within a reasonable time, make a
determination as to whether the proposed floodplain development meets the applicable standards
of cChapter 5, aArticle J, "Floodplain Management Standards", of this title, and shall approve or
disapprove, in writing, the application. For disapprovals, the applicant will be informed, in writing,
of the specific reasons why the application was disapproved. The building official shall not issue
permits for variances, except as approved by the bBoard of aAdjustment according to the
approval criteria for such variances set forth in cChapter 5, aArticle J of this title. (Ord. 10-4414,
11-16-2010)
ARTICLE J. FLOODPLAIN MANAGEMENT STANDARDS
SECTION:
14-5J-1: Purpose
14-5J-2: Applicability And Interpretation
14-5J-3: Legal Authority And Findings Of Fact
14-5J-4: Compliance With Provisions; Nonconforming Situations
14-5J-5: Enforcement
14-5J-6: Floodplain Development Permit
14-5J-7: General Floodplain Management Standards
14-5J-8: Special Floodway Provisions
14-5J-9: Variances
14-5J-10: Amendments
14-5J-11: Warning And Disclaimer Of Liability
14-5J-1: PURPOSE:
The purpose of this aArticle is to protect and preserve the rights and privileges and property of
Iowa City and its residents and to protect, preserve and improve the peace, safety, health,
welfare, comfort and convenience of its residents by minimizing flood losses. The provisions of
this aArticle are designed to:
A. Reserve sufficient floodplain area for the conveyance of flood flows so that flood heights
and velocities will not be increased substantially.
B. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood
or that cause excessive increases in flood heights or velocities.
C. Require that uses vulnerable to floods, including public utilities that serve such uses, be
protected against flood damage.
D. Assure that eligibility is maintained for property owners to purchase flood insurance
through the national flood insurance program. (Ord. 10-4414, 11-16-2010)
14-5J-2: APPLICABILITY AND INTERPRETATION:
A. Application Of Provisions: The regulations within this article apply to all lands identified
in the "Johnson County, Iowa, and incorporated areas flood insurance rate map", dated
February 16, 2007. The "Johnson County, Iowa and incorporated areas flood insurance study",
as amended, is hereby adopted by reference and is made a part of this article for the purpose of
administering floodplain management regulations. The provisions of this Ordinance shall apply
to all lands and development which have significant flood hazards. The Flood Insurance Rate
Map (FIRM) for Johnson County and Incorporated Areas, City of Iowa City, Panels
19103C0185F, 19103C0187F, 19103C0189F, 19103C0190F, 19103C0191F, 19103C0192F,
19103C0193F, 19103C0194F, 19103C0205F, 19103C0211F, 19103C0213F, 19103C0215F,
19103C0310F, and 19103C0330F, dated December 26, 2025, which were prepared as part of
the Johnson County Flood Insurance Study, shall be used to identify such flood hazard areas
and all areas shown thereon to be within the boundaries of the base flood shall be considered
as having significant flood hazards. The Flood Insurance Study for Johnson County is hereby
adopted by reference and is made a part of this Ordinance for the purpose of administering
floodplain management regulations.
B. Rules for Interpretation of Flood Hazard Boundaries: The boundaries of the flood hazard
areas shall be determined by scaling distances on the official Flood Insurance Rate Map. Where
uncertainty exists with respect to the precise location of the base flood elevation at the particular
site in question and when an interpretation is needed as to the exact location of a boundary, the
building official 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 building official in the enforcement or administration of this Article.
BC. Minimum Requirements: The provisions of this aArticle are considered minimum
requirements and will be liberally construed in favor of the governing body City of Iowa City and
will not be deemed a limitation or repeal of any other powers granted by the sState statutes.
CD. Abrogation And Greater Restrictions: It is not intended by this aArticle to repeal,
abrogate or impair any existing easements, covenants or deed restrictions. However, where this
aArticle imposes greater restrictions, the provisions of this aArticle shall prevail. Where more
specific provisions herein conflict with other provisions of this title, this aArticle shall prevail.
(Ord. 10-4414, 11-16-2010)
E. 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.
14-5J-3: LEGAL AUTHORITY AND FINDINGS OF FACT:
A. Legal Authority: Chapter 455B and 414, cCode of Iowa, as amended, gives cities authority
to adopt regulations governing development and redevelopment within flood hazard areas,
including designation of flood hazard maps.
B. Legislative Findings:
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 and relief and
impairment of the tax base, all of which adversely affect the peace, safety, health, welfare,
comfort and convenience of its residents.
2. These flood losses, hazards, and related adverse effects are caused by the occupancy
of flood hazard areas by uses vulnerable to flood damages. Such uses create hazardous
conditions as a result of being inadequately elevated or otherwise protected from flooding and
the cumulative effect of obstructions on the floodplain causing increases in flood heights and
velocities.
3. This aArticle relies upon engineering methodology for analyzing flood hazards, which is
consistent with the standards established by the Iowa dDepartment of nNatural rResources or
its assignee. (Ord. 10-4414, 11-16-2010)
14-5J-4: COMPLIANCE WITH PROVISIONS; NONCONFORMING SITUATIONS:
A. Except as provided in subsection B of this section, no structure or land shall hereafter be
used and no structure shall be located, enlarged, converted or structurally altered without full
compliance with the terms of this aArticle.
B. If a structure that is not in compliance with the provisions of this aArticle lawfully existed
prior to May 2, 1977, and has existed continuously without abandonment since that time, then
improvements may be made to the structure, notwithstanding the provisions of this aArticle,
provided such improvements do not constitute a substantial improvement as defined in
cChapter 9, aArticle F, "Floodplain Management Definitions", of this title. However, structures,
uses, or development that are nonconforming with regard to other provisions of this title must
comply with the applicable regulations contained in cChapter 4, aArticle E, "Nonconforming
Situations", of this title. (Ord. 10-4414, 11-16-2010)
14-5J-5: ENFORCEMENT:
A. Enforcement Official Designated: The building official shall administer and enforce the
provisions of this aArticle.
B. Duties And Responsibilities: Duties and responsibilities of the building official include, but
are not necessarily limited to the following:
1. Review all floodplain development permit applications to assure that the provisions of
this Article will be satisfied.
2. Review floodplain development applications to assure that all necessary permits have
been obtained from federal, state and local government agencies including approval when
required from the Iowa Department of Natural Resources for floodplain construction.
13. Record and maintain a record of the elevation (in relation to national geodetic vertical
datum North American Vertical Datum 1988) of the lowest floor, including basement, of all new
or substantially improved buildings structures or the elevation to which new or substantially
improved structures have been floodproofed.
24. Notify adjacent communities or counties and the Iowa dDepartment of nNatural
rResources, or its assignee, prior to any proposed alteration or relocation of a watercourse. and
submit evidence of such notifications to the Federal Emergency Management Agency.
35. Keep a record of all permits, appeals, variances and other such transactions and
correspondence pertaining to the administration of this aArticle. (Ord. 10-4414, 11-16-2010)
6. Submit to the Federal Insurance Administrator an annual report concerning the Iowa
City’s participation in the National Flood Insurance Program, utilizing the annual report form
supplied by the Federal Insurance Administrator.
7. Notify the Federal Insurance Administrator of any annexations or modifications to the
Iowa City’s boundaries.
8. Maintain the accuracy of the Iowa City’s Flood Insurance Rate Maps when:
a. Development placed within the floodway results in any of the following:
(1) An increase in the base flood elevations, or
(2) 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 flood elevation; or
c. Development relocates or alters the channel.
d. 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.
9. Perform site inspections to ensure compliance with the standards of this Article.
10. Forward all requests for variances and appeals 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.
14-5J-6: FLOODPLAIN DEVELOPMENT PERMIT:
A. Permit Required: A floodplain development permit, issued by the building official, must be
obtained prior to initiation of any development on a parcel of land within a flood hazard area
according to the applicable review and approval procedures contained in cChapter 8, aArticle B,
"Administrative Approval Procedures", of this title. Issuance of a floodplain development permit
does not relieve the property owner from complying with federal, state, or other agency
regulations, including approval when required from the Iowa dDepartment of nNatural
rResources.
B. Compliance: Floodplain development permits based on approved plans and applications
authorize only the use, arrangement, and construction set forth in such approved plans and
applications. Prior to use or occupancy of any structure, the applicant will be required to submit
certification by a professional engineer or land surveyor, registered in the state, that the finished
fill, building structure floor elevations, floodproofing or other flood protection measures were
accomplished in compliance with the provisions of this aArticle. Any use, arrangement or
construction not in compliance with the uses authorized will be deemed a violation of this
aArticle. (Ord. 10-4414, 11-16-2010)
C. Penalties for Violation: Violation of any provision of this Chapter will be enforced as a
municipal infraction pursuant to 1-4-2.
14-5J-7: GENERAL FLOODPLAIN MANAGEMENT STANDARDS:
All properties subject to the regulations of this article must comply with the following applicable
performance standards: All development must be consistent with the need to minimize flood
damage and meet the following applicable performance standards and where the base flood
elevations have not been provided in the flood insurance study, the Iowa Department of Natural
Resources shall be contacted to determine:
A. Whether the land involved is either wholly or partly within the floodway or floodway
fringe; and
B. The base flood and 0.2% annual chance flood elevation. Until a regulatory floodway
is designated, no development may increase the base flood elevation more than one (1’) foot.
The applicant will be responsible for providing the Iowa Department of Natural Resources with
sufficient technical information to make such determination.
AC. General Construction Requirements: All structures development shall be:
1. Adequately Designed and adequately anchored to prevent flotation, collapse or lateral
movement of the structure; and
2. Constructed with materials and utility equipment resistant to flood damage; and
3. Constructed by methods and practices that minimize flood damage.
BD. Class 1 Critical Facilities:
1. Class 1 critical facilities may not be located within a flood hazard area.
2. Class 1 critical facilities must be located with a means of vehicular access that will
remain passable during occurrence of the 0.2% flood event.
CE. Residential Buildings:
1. All new or substantially improved residential structures must have the lowest floor of the
original structure and any lateral addition, including basement, elevated a minimum of one foot
(1') above the flood hazard elevation. Construction shall be upon compacted fill which shall, at
all points, be no lower than one foot (1’) above the flood hazard elevation and extend at such
elevation at least eighteen feet (18’) beyond the limits of any structure erected thereon.
2. Where existing topography, street grades, or other factors preclude elevating by fill,
alternate methods of elevating, such as piers, may be allowed, subject to approval by the
building official. In such a case, a licensed professional shall certify that the methods used will
be adequate to support the structure as well as withstand the various forces and hazards
associated with flooding.
3. All new residential structures located in areas that would become isolated due to
flooding of surrounding ground shall be provided with means of access that will be passable by
wheeled vehicles during the base flood. However, this criterion shall not apply where the
building official determines there is sufficient flood warning time for the protection of life and
property. When estimating flood warning time, consideration shall be given to the criteria listed
in 567-75.2(3), Iowa Administrative Code.
DF. Nonresidential and Mixed Use Buildings:
1. All new or substantially improved nonresidential buildings structures must have the
lowest floor of the original structure and any lateral addition, including basement,
elevated a minimum of one foot (1') above the flood hazard elevation or, together with
attendant utility and sanitary systems, be floodproofed to such a level.
2. All new and substantially improved mixed-use structures must be designed with all
residential uses, including dwelling units, located a minimum of one foot (1’) above the flood
hazard elevation. Commercial use areas must meet the requirements for non-residential
structures in paragraph 14-5J-7D-1. Lobbies that provide access to both residential and
commercial portions may be floodproofed in accordance with paragraph 14-5J-7D-3, provided
that there is at least one separate access to residential areas of the structure. When separate
access to residential areas is located less than one foot (1’) above the flood hazard elevation
and is enclosed by walls, the walls must comply with the requirements for openings in 14-5J-
7E-1.
23. When floodproofing is utilized, a professional engineer registered in the state 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 flood hazard,
and that the structure below the flood hazard elevation is watertight with walls substantially
impermeable to the passage of water. Such certification must also indicate the specific
elevation, in relation to national geodetic vertical datum, to which any structures are
floodproofed. A record of this certification will be retained in the office of the building official.
must submit a Non-Residential Floodproofing Certificate, a Flood Emergency Operation Plan,
and an Inspection and Maintenance Plan to be retained in the office of the building official.
a. The Non-Residential Floodproofing Certificate 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 flood hazard, and that the structure below the
flood hazard elevation is watertight with walls substantially impermeable to the passage of
water. Such certification must also indicate the specific elevation, in relation to North American
Vertical Datum 1988, to which any structures are floodproofed.
b. Components of the Flood Emergency Operating Plan (FEOP) will include procedural
details when the floodproofing requires human intervention such as the installation of flood
gates or flood shields. The FEOP will ensure that the floodproofing components will operate
properly under all conditions, including power failures.
c. The Inspection and Maintenance Plan will ensure that all components will operate
properly under flood conditions by describing inspection and maintenance activities, including
inspection intervals and repair requirements.
EG. 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 either be certified by a
registered professional engineer to meet or exceed the following minimum approval criteria:
a. There must be a minimum of two (2) openings having a total net area of not less than
one square inch for every square foot of enclosed area subject to flooding. The openings shall
not be located on the same wall.
b. The openings shall be located on exterior walls such that the 1% flood elevation, or
shallow flood elevation, is above the bottom of the opening, and in all cases the bottom of all
openings shall be no higher than one foot (1') above grade.
c. Openings shall permit the automatic entry and exit of floodwaters.
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 must be constructed with electrical, heating,
ventilation, plumbing and air conditioning equipment and other service facilities elevated or
floodproofed to one foot (1') above the flood hazard elevation. shall be constructed with electric
meter, electrical service panel box, hot water heater, heating, air conditioning, ventilation
equipment (including ductwork), and other similar machinery and equipment elevated (or in the
case of non-residential structures, optionally floodproofed) to a minimum of one foot (1’) above
the flood hazard elevation.
4. New and substantially improved structures shall be constructed with plumbing, gas lines,
water/gas meters and other similar service utilities either elevated (or in the case of non-
residential structures, optionally floodproofed to) a minimum of one (1) foot above the base flood
elevation or designed to be watertight and withstand inundation to such a level.
FH. Manufactured Housing: Manufactured All new and substantially improved manufactured
housing, including those placed in existing manufactured housing parks, planned developments,
or subdivisions, must be:
1. Anchored to resist flotation, collapse or lateral movement. Anchorage systems may
include, but are not limited to, use of over-the-top or frame ties to ground anchors as required by
the City Building Code.
2. Elevated on a permanent foundation such that the lowest floor of the structure is a
minimum of one foot (1') above the flood hazard elevation.
GI. Utility And Sanitary Systems:
1. All new or replacement on site water supply or sewage waste disposal systems must be
located or designed to avoid impairment to the system or contamination from the system during
flooding.
2. New or replacement water supply systems and sanitary sewage systems must be
designed to minimize or eliminate infiltration of floodwaters into the system. Water supply
facilities and sanitary sewage systems (other than onsite systems) must be provided with a level
of protection equal to or greater than one foot (1') above the flood hazard elevation.
3. Utilities, such as gas or electrical systems, must be located and constructed to minimize
or eliminate flood damage to the system and the risk associated with such flood damage or
impaired systems.
4. 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.
HJ. Storage Of Flammable, Explosive Or Injurious Materials: 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 (1') above the flood hazard elevation. Other material and
equipment must either be similarly elevated or:
1. Not be subject to major flood damage and be anchored to prevent movement due to
floodwaters; or
2. Be readily removable from the area within the time available after flood warning.
IK. Flood Control Structural Works: Flood control structural works, including, but not limited
to, levees and flood walls, must provide, at a minimum, protection from a 0.2% flood event with
a minimum of three feet (3') of design freeboard and must provide for adequate interior
drainage. In addition, flood control structural works must be approved by the Iowa dDepartment
of nNatural rResources or its assignee.
JL. Inhibiting Floodways And Drainage Facilities: No use shall affect the capacity or
conveyance of the channel or floodway of any tributary to the main stream, drainage ditch or
other drainage facility or system. Watercourse Alterations Or Relocations: Watercourse
alterations or relocations must be designed to maintain the flood carrying capacity within the
altered or relocated portion. In addition, such alterations or relocations must be approved by the
Iowa Department of Natural Resources.
KM. Subdivisions:
1. Subdivisions and planned developments, including manufactured housing parks and
subdivisions, must be designed to minimize flood damage and must have adequate drainage
provided to reduce exposure to flood damage, and must meet the applicable performance
standards established by the cCity eEngineer. Development associated with subdivision
proposals (including the installation of public utilities) shall meet the applicable performance
standards of this aArticle. Any subdivision, planned development, or manufactured housing park
intended for residential development must provide all lots with a means of vehicular access that
will remain passable during occurrence of the 10.2% annual chance flood event.
2. Proposals for subdivisions shall include the flood hazard elevation data for those areas
located within flood hazard areas.
LN. Residential Accessory Structures: The exemption of detached garages, sheds and
similar structures from the general floodplain management for residential buildings 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 general
floodplain management for residential buildings when all of the following conditions exist:
1. The structure shall be designed to have low flood damage potential. Its size shall not
exceed 600 sq. ft. in size. Those portions of the structure located less than one foot (1’) above
the flood hazard elevation must be constructed of flood-resistant materials.
12. The structure is not used for human habitation.
23. The structure is designed so as to have low flood damage potential. The structure shall
be used solely for low flood damage potential purpose such as vehicle parking and limited
storage.
34. The structure is constructed and placed on the building site so as to offer minimum
resistance to the flow of floodwaters.
45. The structure is firmly anchored to prevent flotation, which may result in damage to
other structures. resist floatation, collapse and lateral movement.
56. The service facilities for the structure, such as electrical and heating equipment, are
elevated or floodproofed to at least one foot (1') above the flood hazard elevation.
87. Openings shall permit the automatic entry and exit of floodwaters. The structure’s walls
include openings that satisfy the provisions of 14-5J-7E-1.
MO. Recreational Vehicles:
1. Recreational vehicles are exempt from the requirements of subsection F of this section
regarding anchoring and elevation of manufactured homes when the following criteria are
satisfied:
a. The recreational vehicle shall be located on the site for less than one hundred eighty
(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 by 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 one hundred eighty
(180) consecutive days or are not ready for highway use must satisfy requirements of
subsection F of this section regarding anchoring and elevation of manufactured homes. (Ord.
10-4414, 11-16-2010)
P. Pipeline River And Stream Crossings: Pipeline river and stream crossings must be buried
in the streambed and banks, or otherwise sufficiently protected to prevent rupture due to
channel degradation and meandering.
14-5J-8: SPECIAL FLOODWAY PROVISIONS:
In addition to the general floodplain standards listed above, uses development within the
floodway must meet the following applicable standards:
A. No use development is permitted in the floodway that would increase the 1% flood hazard
elevation, unless approved by the Iowa department of natural resources or its assignee. base
flood elevation. Prior to issuance of a floodplain development permit the applicant /agent must
obtain a conditional LOMR from FEMA.
B. All uses development within the floodway must:
1. Be consistent with the need to minimize flood damage; and
2. Use construction methods and practices that will minimize flood damage; and
3. Use construction materials and utility equipment that are resistant to flood damage.
C. No use development is permitted that would 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.
D. Structures, buildings , recreational vehicles and sanitary and utility systems, if permitted,
must meet the applicable general floodplain management standards and must be constructed
and aligned to present the minimum possible resistance to flood flows.
E. Buildings Structures, if permitted, must have low flood damage potential and must not be
used for human habitation.
F. Storage of materials or equipment that are buoyant, flammable, explosive or injurious to
human, animal or plant life is prohibited. Storage of other material may be allowed if readily
removable from the floodway within the time available after flood warning.
G. Watercourse alterations or relocations, including channel changes and modifications,
must be designed to maintain the flood carrying capacity within the altered or relocated portion.
In addition, such alterations or relocations must be approved by the Iowa dDepartment of
nNatural rResources or its assignee.
H. Any fill or stream bank erosion control projects allowed in the floodway must have some
beneficial purpose and will be limited to the minimum amount necessary.
I. Pipelines that cross rivers or streams must be buried in the streambed and banks or
otherwise sufficiently protected to prevent rupture due to channel degradation and meandering
or due to action of flood flows. Where floodway data has been provided in the flood insurance
study, such data shall be used to define the floodway limits.
J. Where no floodway data has been provided, the Iowa department of natural resources or
its assignee shall be contacted to provide a floodway delineation. Where floodway data is not
available, it shall be the responsibility of the permittee to produce engineered data delineating
the floodway. (Ord. 10-4414, 11-16-2010) Where no floodway data has been provided, the Iowa
Department of Natural Resources shall be contacted to provide a floodway delineation. The
applicant will be responsible for providing the Iowa Department of Natural Resources with
sufficient technical information to make such determination.
14-5J-9: VARIANCES:
The bBoard of aAdjustment may authorize, upon request, in specific cases, such variances from
the terms of this aArticle that will not be contrary to the public interest where, owing to special
conditions, a literal enforcement of the provisions of this aArticle will result in unnecessary and
undue hardship. To ensure that the spirit of this title is observed and substantial justice done, no
variance to the strict application of any provision of this aArticle shall be granted by the board
unless the applicant demonstrates that all of the following approval criteria are met. In addition,
the applicant must meet all the provisions and general approval criteria for variances as stated
in cChapter 4, aArticle B, "Minor Modifications, Variances, Special Exceptions, And Provisional
Uses", of this title, except subsection 14-4B-2A4 of this title. See Section 14-8C for the
procedure to apply for a variance and Section 14-4B-2 for the standards to obtain a variance.
A. Approval Criteria:
1. No variance shall be granted for any development within the floodway that would result
in any increase in flood elevation unless approved by the Iowa dDepartment of nNatural
rResources or its assignee.
2. Variances shall only be granted upon a showing of good and sufficient cause, and a
determination that the granting of the variance will not result in increased flood elevation,
additional threats to public safety, extraordinary public expense, create nuisances or cause
fraud on or victimization of the public.
3. Variances shall only be granted upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
4. In cases where the variance involves a lower level of flood protection for buildings than
what is ordinarily required by this aArticle, the applicant shall be notified, in writing, over the
signature of the building official, that the issuance of a variance will likely result in increased
premium rates for flood insurance.
5. All variances granted shall have the concurrence or approval of the Iowa dDepartment of
nNatural rResources or its assignee.
B. Factors For Consideration: When considering applications for variances, the bBoard of
aAdjustment will consider all relevant factors specified in other sections of this aArticle in
addition to the following factors:
1. The danger to life and property due to increased flood elevation or velocities caused by
encroachments.
2. The danger that materials may be swept on to other land or downstream to the injury of
others.
3. The importance of the services provided by the proposed facility to the community, and
the risk of losing said services during a flood event.
4. The risk assumed by emergency personnel if it is necessary to evacuate the
use/structure during a flood event.
5. After consultation with the historic preservation commission, a determination of whether
compliance with the floodplain regulations would result in a substantial alteration or destruction
of defining architectural characteristics of landmark properties and properties located within
historic or conservation districts.
6. Such other factors that are relevant to the purposes of this aArticle.
C. Conditions Of Approval: Upon consideration of the factors and approval criteria listed in
this section, the bBoard of aAdjustment may attach such conditions and safeguards to the
granting of a variance as it deems necessary to fulfill the purposes and intent of the provisions
of this aArticle. (Ord. 10-4414, 11-16-2010)
14-5J-10: AMENDMENTS:
The regulations and standards set forth in this aArticle 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 Iowa dDepartment of nNatural rResources or its
assignee. (Ord. 10-4414, 11-16-2010)
14-5J-11: WARNING AND DISCLAIMER OF LIABILITY:
The degree of flood protection required by this aArticle is considered reasonable for regulatory
purposes and is based on engineering and scientific methods of study. Larger floods may occur
on rare occasions. Flood heights may be increased by humanmade or natural causes, such as
ice jams and bridge openings restricted by debris. This aArticle does not imply that areas
outside the regulated areas will be free from flooding or flood damages. This aArticle does not
imply that uses permitted within the regulated areas will be free from flooding or flood damages.
This aArticle 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 aArticle or any administrative decision
lawfully made hereunder. (Ord. 10-4414, 11-16-2010)
14-9F-1: DEFINITIONS:
As used in cChapter 5, aArticle J, "Floodplain Management Standards", of this title, the following
definitions shall apply. The general definitions contained in aArticle A of this cChapter shall
apply to all terms used in cChapter 5, aArticle J of this title that are not defined in this section.
APPURTENANT STRUCUTRE: 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.
BASEMENT: Any enclosed area of a building that has its floor or lowest level below ground
level (subgrade) on all sides (see definition of Lowest Floor).
BASE FLOOD: The flood having one (1) percent chance of being equaled or exceeded in a
given year. (Also commonly referred to as the “100-year flood”).
BASE FLOOD ELEVATION (BFE): The elevation floodwaters would reach at a particular site
during the occurrence of a base flood event.
CLASS 1 CRITICAL FACILITIES: Facilities that must remain accessible during the 0.2% flood
event because they are the base of operations for emergency responders, are particularly
difficult to evacuate during a flood event, or facilities that provide services essential to the life,
health, and safety of the community. Class 1 critical facilities include police and fire stations,
emergency medical centers, communication centers, hospitals, jails, nursing homes, and other
residential uses for persons with limited mobility and/or dependency upon life sustaining medical
equipment.
CRITICAL FACILITIES: Structures that store public records; museums and libraries; schools;
and other buildings that store rare and/or valuable items and information that sustain the history
and public records of a community. These structures are not expected to remain accessible or
functioning during a flood event, though in many instances their functions must resume as soon
as possible after a flood event. Critical facilities also include public infrastructure such as water
distribution and wastewater treatment facilities, which are expected to remain functioning during
a flood event although they may be temporarily inaccessible or accessible only by watercraft
during a flood event.
DEVELOPMENT: Any humanmade change to improved or unimproved real estate, including,
but not limited to, the placement of manufactured housing, buildings or other structures, mining,
dredging, streambank erosion control measures, storage of equipment or materials, filling,
grading, paving, excavation or drilling operations. Development is considered to commence with
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. 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.
ENCLOSED AREA BELOW LOWEST FLOOR: The floor of the lowest enclosed area in a
structure when all the following criteria are met:
A. The enclosed area is designed to flood to equalize hydrostatic pressure during flood events
with walls or openings that satisfy the provisions of 14-5J-7E-1.
B. The enclosed area is unfinished (not carpeted, drywalled, etc.), and used solely for low
damage potential uses such as building access, parking or storage, and
C. Machinery and service facilities (e.g., hot water heater, furnace, electrical service)
contained in the enclosed area are located at least one foot (1’) above the base flood elevation.
D. The enclosed area is not a basement.
EXISTING CONSTRUCTION: Any structure for which the “start of construction” commenced
before May 2, 1977.
EXISTING MANUFACTURED HOUSING PARK OR SUBDIVISION: A manufactured home
park or subdivision for which the construction of facilities for servicing the lots on which the
manufactured 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) was
completed before May 2, 1977.
EXPANSION OF EXISTING MANUFACTURED HOUSING PARK OR SUBDIVISION: The
preparation of additional sites by the construction of facilities for servicing the lots on which the
manufactured 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.
FLOOD: A general and temporary condition of partial or complete inundation of normally dry
land areas resulting from the overflow of streams or rivers or from the unusual and rapid runoff
of surface waters from any source.
FLOOD CONTROL STRUCTURAL WORKS: Barriers or storage areas constructed to control
floodwater, modify or redirect a channel.
FLOOD ELEVATION: The elevation which floodwaters would reach at a particular site during
the occurrence of a specific frequency flood. For instance, the 1% flood elevation is the
elevation of floodwaters with a one percent (1%) likelihood of occurring in any given year. The
0.2% flood elevation is the elevation of floodwaters with a two-tenths percent (0.2%) likelihood
of occurring in any given year. In areas of shallow flooding, there is a one percent (1%) or
greater annual chance of flooding to an elevation specified on the flood insurance rate map.
FLOOD EVENT:
500-Year Flood Event: A flood, the magnitude of which has a two-tenths percent (0.2%)
chance of being equaled or exceeded in any given year or which, on the average, will be
equaled or exceeded at least once every five hundred (500) years.
100-Year Flood Event: A flood, the magnitude of which has a one percent (1%) chance of
being equaled or exceeded in any given year or which, on the average, will be equaled or
exceeded at least once every one hundred (100) years.
1% Annual Chance Flood Event: The predicted level of flooding with a one percent (1%)
chance of being equaled or exceeded in any given year (formerly known as the 100-year flood
event).
0.2% Annual Chance Flood Event: The predicted level of flooding with a two-tenths percent
(0.2%) chance of being equaled or exceeded in any given year (formerly known as the 500-year
flood event).
FLOOD HAZARD AREA: Land that is shaded and areas that are subject to flooding that are
identified on the Flood Insurance Rate Map as “A”, "AE", "X" or .,on the flood insurance rate
map., and “X-shaded”.
FLOOD HAZARD ELEVATION: In AE zones, the elevation of the 0.2% flood as profiled in the
flood insurance study for Johnson County, Iowa. In areas of shallow flooding, the elevation of
the flood as illustrated on the flood insurance rate map.
A. In zones labeled “AE” and “X-shaded”, the elevation of the 0.2% annual chance flood event
as provided by the Flood Insurance Study for Johnson County, Iowa.
B. In zones labeled “A”, the elevation of the 0.2% annual chance flood event as determined
by the Iowa Department of Natural Resources.
FLOOD INSURANCE RATE MAP (FIRM): The official map prepared as part of (but published
separately from) the flood insurance study which delineates both the flood hazard areas and the
risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS): A study initiated, funded and published by the federal
insurance administration for the purpose of evaluating, in detail, the existence and severity of
flood hazards, providing the city with the necessary information for adopting a floodplain
management program and establishing actuarial flood insurance rates. A report published by
FEMA for a community issued along with the community’s Flood Insurance Rate Map(s) that
performs an examination, evaluation and determination of flood hazards. The FIS report
contains such background data as the base flood discharge and water surface elevations that
were used to prepare the accompanying FIRM.
FLOODPLAIN: Any land area susceptible to being inundated by water as a result of a specific
frequency flood. For instance, the 1% floodplain is the area of land that, in any given year, has a
one percent (1%) likelihood of flooding. The 0.2% floodplain is the area of land that, in any given
year, has a two-tenths percent (0.2%) likelihood of flooding. In areas of shallow flooding, there is
a one percent (1%) or greater annual chance of flooding to a specified elevation, but a clearly
defined channel does not exist, and the path of flooding is unpredictable.
FLOODPLAIN MANAGEMENT: An overall program of corrective and preventive measures for
reducing flood damages and for promoting the wise use of floodplains, including, but not limited
to, emergency preparedness plans, flood control works, floodproofing and floodplain
management regulations.
FLOODPROOFING: 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.
FLOODWAY: The channel of a river or stream and those portions of the floodplains adjoining
the channel which are reasonably required to carry and discharge floodwaters or flood flows so
that confinement of floodwaters to the floodway area will not result in substantially higher flood
elevation. cumulatively increase the water surface elevation of the base flood (1% annual
chance) by more than one foot (1’).
so that confinement of floodwaters to the floodway area will not result in substantially higher
flood elevation.
FLOODWAY FRINGE: Those portions of the floodplain, other than the floodway, which can
be filled, leveed or otherwise obstructed without causing substantially higher flood elevations.
Flood Hazard Area that are located outside the floodway.
HAZARDOUS MATERIALS: Combustible materials, and flammable liquids, and chemicals—
whether stored aboveground or underground. These include but are not limited to cryogenic
fuels, class I and class II liquids, liquified petroleum gas, and other substances regulated by the
international fire code, as amended.
HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
HISTORIC STRUCTURE: Any structure that is:
A. Listed individually in the National Register of Historic Places, maintained by the
Department of Interior, or preliminarily determined by the Secretary of the Interior as meeting
the requiremnts for individual listing on the National Register;
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district;
C. Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of the Interior; or,
D. Individually listed on a local inventory of historic places in communities with historic
preservation programs (note Iowa City has such a program) that have been certified by either i)
an approved state program as determined by the Secretary of the Interior (note State of Iowa
has an approved program) or ii) directly by the Secretary of the Interior in states without
approved programs.
LOWEST FLOOR: The floor of the lowest enclosed area in a building structure, including a
basement, except when all the following criteria are met: the criteria listed in the definition of
Enclosed Area Below Lowest Floor 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 subsection 14-5J-7E of this title; and
B. The enclosed area is unfinished (not carpeted, drywalled, etc.) and used solely for low
damage potential uses, such as building access, parking or storage; and
C. Machinery and service facilities (e.g., hot water heater, furnace, electrical service)
contained in the enclosed area are located at least one foot (1') above the flood hazard
elevation; and
D. The floor is not below grade on all sides.
MANUFACTURED HOUSING: 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 purposes of cChapter 5,
aArticle J, "Floodplain Management Standards", of this title, manufactured housing includes
factory built homes, mobile homes, manufactured homes and modular homes and also includes
recreational vehicles, park trailers, travel trailers and other similar vehicles placed on a site for
greater than one hundred eighty (180) consecutive days. and not fully licensed and ready for
highway use.
MANUFACTURED HOUSING PARK OR SUBDIVISION: A parcel or contiguous parcels of
land divided into two (2) or more manufactured housing lots for rent or sale.
MINOR PROJECTS: Small development activities (except for filling, grading and excavating)
valued at less than $500.
MIXED-USE STRUCTURE: A structure with areas designed for both residential and
commercial uses, in which the floor area dedicated to commercial uses is 25% or more of the
total floor area (or common areas that support residents or residential uses that are not
considered commercial uses).
NEW CONSTRUCTION OF NEW BUILDINGS, MANUFACTURED HOUSING PARKS: Those
structures or development that began for which start of construction began on or after May 2,
1977.
NEW MANUFACTURED HOUSING PARK OR SUBDIVISION: A manufactured housing 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 May 2, 1977.
NON-RESIDENTIAL STRUCTURE: A structure that has a commercial or non-residential (non-
habitational) use, including but not limited to: businesses, houses of worship, schools, garages,
poolhouses, clubhouses, recreational buildings, mercantile buildings, agricultural buildings
(including grain bins and silos), industrial buildings, and warehouses.
RECREATIONAL VEHICLE: A vehicle which is:
A. Built on a single chassis;
B. Four hundred (400) square feet or less when measured at the largest horizontal
projection;
C. Designed to be self-propelled or permanently towable by a light duty truck; and
D. Designed primarily not for use as a permanent dwelling but as a temporary living quarters
for recreational, camping, travel, or seasonal use.
SHALLOW FLOOD HAZARD AREA: Areas of special flood hazards having shallow water
depths and/or unpredictable flow paths between one foot (1’) and three feet (3'), and with water
surface elevations determined.
SPECIAL FLOOD HAZARD AREA: 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.
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 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 structure, whether or not that alteration affects the external
dimensions of the structure.
STRUCTURE: Anything constructed or installed on the ground or attached to the ground,
including, but not limited to, buildings, factories, sheds, cabins, manufactured housing, grain
storage facilities, storage tanks and similar.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure where the cost of
restoring the structure to its predamaged condition would equal or exceed fifty percent (50%) of
the assessed or market value as established by an appraisal paid for at the owner's expense,
whichever is greater. of the structure before the damage occurred. Volunteer labor and donated
materials shall be included in the estimated cost of repair.
SUBSTANTIAL IMPROVEMENT: Any improvement to a structure that satisfies either of the
following criteria:
A. Any repair, reconstruction or improvement of a structure, the cost of which equals or
exceeds fifty percent (50%) of the assessed or market value as established by an appraisal paid
for at the owner's expense, whichever is greater, of the structure either before the improvement
or repair is started or, 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 of any wall, ceiling, floor or other structural part of the building
commences, whether or not that alteration affects the external dimensions of the structure. The
term does not, however, include any project for improvement of a structure to comply with
existing violations of state or local health, sanitary or safety code specifications which are solely
necessary to assure safe conditions for the existing use. The term also does not include any
alteration of an historic structure provided the alteration will not preclude the structure’s
designation as an “historic structure” and provided a Variance is granted by the Board of
Adjustment.
B. Any addition which increases the original floor area of a building by twenty five percent
(25%) or more. All additions constructed after May 2, 1977, shall be added to any proposed
addition in determining whether the total increase in original floor space would exceed twenty
five percent (25%). (Ord. 10-4414, 11-16-2010)
VARIANCE: A grant of relief by a community from the terms of the floodplain management
regulations. See Section 14-8C for the procedure to apply for a variance and Section 14-4B-2
for the standards to obtain a variance.
VIOLATION: The failure of a structure or other development to be fully compliant with the
City’s floodplain management ordinance.
ATTACHMENT 2
FEMA Formal Letter to the City of Iowa City