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HomeMy WebLinkAbout09-03-2025 Planning & Zoning Commission PLANNING 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 a)iowa-city.orq. 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. r � CITY OF IOWA CITY MEMORANDUM 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-F000dproofing 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 Definitions Existing definitions are Align definitions with updated based on 2010 ordinance FEMA and Iowa Department of language. Natural Resources (IA DNR) terminology. Add or clarify terms. Development in the General definition of Clarify that development includes Floodplain "development" with limited grading, fill, utility work, etc. Refine examples. permit requirements for substantial improvement or damage. Accessory Structures No clear standards for Include criteria for allowing detached structures in accessory structures (e.g., floodplains. detached garages, sheds, etc.) in flood hazard areas, specifically when elevation of floodproofing is required. Enforcement & Violations Code includes general Improve clarity around how enforcement language that violations are defined, enforced, lacks details aligned with and resolved per FEMA and local FEMA. expectations. Floodway & Limited specificity about Codify that no development is Encroachment "no-rise" requirements. allowed in floodways without a certified no-rise analysis and certificate by a licensed engineer. Elevation Standards Lowest floor of residential Reaffirm this standard. Clarify how structures must be elevated venting, anchoring, and 1 foot (1 ft) above the 0.2% construction standards apply to all annual chance flood event new or substantially improved (already exceed' s FEMA's structures. minimum requirement). Permit Process Permit process exists but Formalize pre- and post- lacks specificity on required construction documentation (e.g., documentation. elevation certificates, cost estimates). Clarify steps for compliance. Variance Criteria Existing section references Adds detailed variance criteria general zoning variance specific to floodplain standards and language. includes where to find variance information in the code. 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 14-813-5: 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 fleed 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 aNatural rResources to obtain such data. 56. Elevation kin relation to national non yertoGal datunq 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. 7-8. Such other information as the administrator building official deems reasonably necessary for the purpose of determining compliance with the requirements of eChapter 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 eChapter 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 eChapter 5, aArticle J of this title. (Ord. 44T4-, 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. 1 n_4414, 11.1 6_204-0) 14-5J-2: APPLICABILITY AND INTERPRETATION: A. Application Of Provisions: The regulations within this aFt'Gle apply try all Iands identified n the "johnson County, Iowa, and OnGGFPGrated areas flood insuFaRGe rate dated ' „ as amended, is hereby adepted by FefeFeRGe and Is made a part ef this aFt'Gle feF the purpese ef administering floodplain management Feg latiens. 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, 19103C0191 F, 19103C0192F, 19103C0193F, 19103C0194F, 19103CO205F, 19103CO211F, 19103CO213F, 19103CO215F, 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. SC. Minimum Requirements: The provisions of this aArticle are considered minimum requirements and will be liberally construed in favor of the gevernillg bdy City of Iowa City and will not be deemed a limitation or repeal of any other powers granted by the &State statutes. SD. 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. ) 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, eCode 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 aNatural i-Resources or its assignee. (Ord. 10 4414, 11-16 201--) 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 &Chapter 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 eChapter 4, aArticle E, "Nonconforming Situations", of this title. (Ord. 10 4414, 11-16 201 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. 43. Record and maintain a record of the elevation (in relation to national geGdetiG VeFtiGal datum North American Vertical Datum 1988) of the lowest floor, including basement, of all new or substantially improved bu+Id+Rgs 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 aNatural r-Resources, 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-4414, 11 16 2 r10� 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 floodwav results in any of the following: (1) An increase in the base flood elevations, or (2) Alteration to the floodwav boundary. b. Development placed in Zones A, AE, AH, and Al-30 that does not include a designated floodwav 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 eChapter 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 44Natural r-Resources. 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, bildiRg 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-^^1^ 11-1 6-204-0-) 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 subjeGt W the regulations of this aFt'Gle MUSt GGMPIY With the fellewing appliGable perfermaRGe standard : 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 StrUGtUres 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. 9D. 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. SE. Residential Buildings: 1. All new or substantially improved residential structures must have the lowest floor of the GF*g!Ral StFU tUFe and any lateral addi+i„r, 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 cgs structures must have the lowest floor of the F!g!Ral S+r, Gt ,ro and aRY lateral ad Jit,,,n 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 Gertify that the floodpreefing metheds used are adequate to withstand the fleed depth-&-, pressures, veleGities, iMPaGt and uplift ferGes and ether faGteFs aSSeGiated with the fleed hazard, and that the GtFUGtUre below the flood hazaFd elevation is watertight with walls substantially M mpermeable te the passage of water. SLIGh GeFtifiGatien must also indiGate the speG must submit a Non-Residential Floodproofinq 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 Floodproofinq 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 floodproofinq requires human intervention such as the installation of flood gates or flood shields. The FEOP will ensure that the floodproofinq 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. €G. 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, ff is above the bottom of the opening, and in all cases the bottom of all openings shall be no higher than one foot (V) 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 GenStFUGted with eleGtFiGal heating, fleedpreefed tG GRe feet (1') above the fleed hazard elevati 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 (V) 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. H. Manufactured Housing: MaRufaGtUFed 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. ICJ. 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. 1K. 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. dL. theF drainage faGility Or Q„Q+o.,, 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 eCity 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 40.2% 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. 42. The structure is not used for human habitation. 23 The stn UGti ire is r-desigRerd so as to have lew fleei-d 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 whinh may result in damage to +her +r i 't Tres. 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. 97 Openings shall permit the ai itematiG 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. {mod 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° fleed ha assignee.elevation, unless approved by the Iowa department ef natural resGUFGeS Or its 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. ems-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 eNatural LResources 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 fleedway data has been provided, the Iowa department of natural FeSeHrGes 0 mo fleedway. (Ord 10 n�r; 162010) 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 GChapter 4, aArticle B, "Minor Modifications, Variances, Special Exceptions, And Provisional Uses", of this title, except subsection 14-413-2A4 of this title. See Section 14-8C for the procedure to apply for a variance and Section 14-413-2 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 aNatural 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 aNatural 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 dBoard 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 aNatural r-Resources or its assignee. (Ord. 10 4414, 11 16-204-0) 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 16 201-0-) 14-9F-1: DEFINITIONS: As used in c-Chapter 5, aArticle J, "Floodplain Management Standards", of this title, the following definitions shall apply. The general definitions contained in aArticle A of this GChapter shall apply to all terms used in c-Chapter 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 nonsidered to nommonoo with either the first plaGeFnent eF permanent GenStFUGtiOn Of a StFUGWre on a site, SUGh as pouring of stone of eXGa ation; or the nlonomont of o footoni built home on o feundation. Development does not include "minor protects" 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" o .,nn the fleed inciira an rate map., and "X-shaded". FLOOD HAZARD ELEVATION: in °E zones the elevation of then 2 flood as profiled in the flood 'nsuraRGe study for johnsen County, Iowa. in areas of shallow flooding, the elevation 0 the flood as ills strated en the flned incUranre rote man 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 bV 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): n study initiated fi R ded and published by the federal hazards,fleed management nrenrom and establishing onto ariol fleed ins ironne rotes. 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 fleed 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 ether than the fleedwa„ which non be foiled, leveed er etherw4se ebStFUGted w4heYt Gaysing substaRtially higher fleed elevati9RS. 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 di structure, including a basement, except when all the f9l'G ,in^ nriteFia are met: the criteria listed in the definition of Enclosed Area Below Lowest Floor are met. walls er epeniRgS that satisfy the pFeViSieRS ef subseGtien 14 5i 7E ef this title; and darnage nnfen4ial uses, Gh as b iildiRg aGEeS marking er sterage; and G. MaGhinery and SeFV'Ge faGilitieG (e.g., hot water heater, fUFRaGe, eleGtFiGal servo GO eleyatien•e -nd D. The-fleet is Ret belew grade eR 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 eChapter 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 HAZARDAREA: Areas of speGiol fleed hazards having shallow water depths and/GF unprediGtable flow paths between eRe fg2LLI:� and three feet 1 , srfane elevations determined i i 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, A11-30, 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 market value as established by an appraisal nail) for at the owner's expense whiGhever is „neater. 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 1 n_4414, 11_1 6 - ) 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 14-413-2 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 Federal Emergency Management Agency Washington, D.C_ 20472 �I'gND SSG June 26, 2025 CERTIFIED MAIL IN REPLY REFER TO: RETURN RECEIPT REQUESTED 19P The Honorable Brace Teague Community Name: City of Iowa City, Mayor, City of Iowa City Johnson County, 410 East Washington Street Iowa Iowa City, IA 52240 Community No.: 190171 Map Panels Affected: See FIRM Index Dear Mayor Teague: This is to notify you of the final flood hazard determination for Johnson County, Iowa and Incorporated Areas in compliance with Title 44, Chapter I,Part 67, Section 67.11, Code of Federal Regulations (CFR). This section requires that notice of final flood hazards shall be sent to the Chief Executive Officer of the community, all individual appellants, and the State Coordinating Agency, and shall be published in the Federal Register. The statutory 90-day appeal period that was initiated for your community when the Department of Homeland Security's Federal Emergency Management Agency (FEMA)published a notice of proposed flood hazard determinations for your community in the local newspaper has elapsed. FEMA did not receive any appeals of the proposed flood hazard determinations or submittals regarding the Revised Preliminary Flood Insurance Study(FIS) report and Flood Insurance Rate Map (FIRM) during that time. Accordingly, the flood hazard determinations for your community are considered final. The final notice for flood hazard determinations will be published in the Federal Register as soon as possible. The FIS report and FIRM for your community will become effective on December 26, 2025. Before the effective date, we will send your community final printed copies of the FIS report and FIRM. For insurance purposes, the community number and new suffix code for the panels being revised are indicated on the FIRM and must be used for all new policies and renewals. } Because the FIS report for your community has been completed, certain additional requirements must be met under Section 1361 of the National Flood Insurance Act of 1968, as amended, within 6 months from the date of this letter. It must be emphasized that all the standards specified in 44 CFR Part 60.3(d) of the National Flood Insurance Program (NFIP) regulations must be enacted in a legally enforceable document. 2 This includes adoption of the current effective FIS report and FIRM to which the regulations apply and other modifications made by this map revision. Some of the standards should already have been enacted by your community in order to establish initial eligibility in the NFIP. Your community can meet any additional requirements by taking one of the following actions in this Paragraph of the NFIP regulations: 1. Amending existing regulations to incorporate any additional requirements of 44 CFR Part 60.3(d); 2. Adopting all the standards of 44 CFR Part 60.3(d) into one new, comprehensive set of regulations; or 3. Showing evidence that regulations have previously been adopted that meet or exceed the minimum requirements of 44 CFR Part 60.3(d). Also, prior to the effective date, your community 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 CFR Part 60.3(d) of the NFIP regulations by the effective date of the FIRM. These standards are the minimum requirements and do not supersede any State or local requirements of a more stringent nature. Many states and communities have adopted building codes based on the International Codes (I- Codes); the model I-Codes (2009 and more recent editions) contain flood provisions that either meet or exceed the minimum requirements of the NFIP for buildings and structures. The model codes also contain provisions, currently found in an appendix to the International Building Code, that apply to other types of development and NFIP requirements. In these cases, communities should request review by the NFIP State Coordinator to ensure that local floodplain management regulations are coordinated(not duplicative or inconsistent) with the State or Local building code. FEMA's resource,Reducing Flood Losses through the International Code: Coordinating Building Codes and Floodplain Management Regulations, 5th Edition (20I9),provides some guidance on this subject and is available at https://www.fema.gov/emergency-managers/risk- managementlbuilding-science/building-codes/flood. Communities that fail to enact the necessary floodplain management regulations will be suspended from participation in the NFIP and subject to the prohibitions contained in Section 202(a) of the Flood Disaster Protection Act of 1973 (Public Law 93-234) as amended, and 44 CFR Part 59.24. To assist your community in maintaining the FIRM, we have enclosed a Summary of Map Actions (SOMA)to document previous Letters of Map Change (LOMC) actions (i.e., Letters of Map Amendment, Letters of Map Revision)that will be affected when the revised FIRM panels referenced above become effective. If no LOMCs were issued previously for your community, you are receiving a SOMA for informational purposes only. 3 Once the FIS report and FIRM are printed and distributed, the digital files containing the flood hazard data for the entire county can be provided for use in a computer mapping system. These files can be used in conjunction with other thematic data for floodplain management purposes, insurance requirements, and many other planning applications. Copies of the digital files of the FIRM panels may be obtained by calling our FEMA Mapping and Insurance eXchange (FMIX), toll free, at(877) 336-2627 (877-FEMA MAP) or by visiting the Map Service Center at https://www.mse.fema.gov. In addition, your community may be eligible for additional credits under our Community Rating System if you implement your activities using digital mapping files. For assistance with your floodplain management ordinance or enacting the floodplain management regulations,please contact Jason Conn,NFIP State Coordinator for Iowa by telephone at(515)-782-8104. If you should require any additional information,we suggest that you contact the Director,Mitigation Division of FEMA, Region 7, in Kansas City, Missouri at (816) 283-7004 for assistance. If you have any questions concerning mapping issues in general or the enclosed SOMA,please call our FMIX at the telephone number shown above. Additional information and resources you may find helpfal regarding the NFIP and floodplain management can be found on our website at https://www.fema.gov/flood-maps. Copies of these documents may also be obtained by calling our FMIX. Sincerely, David N. Bascom, Acting Director Engineering and Modeling Division Risk.Analysis,Planning and Information Directorate Enclosure: Final SOMA cc: Community Map Repository Anne Russett, Senior Planner, City of Iowa City