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HomeMy WebLinkAbout2025-10-07 Public Hearing,O,A NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at which time the Council will consider: An ordinance amending Title 14, Zoning, related to the City's Floodplain Management Standards to ensure the community's continued participation and eligibility in the National Flood Insurance Program (NFIP) (REZ25-0013). Said public hearing will be held at 6:00 p.m. on the T" of October 2025, in Emma J. Harvat Hall at City Hall, 410 E. Washington St., in said city, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. A copy of the proposed ordinance is on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above -mentioned time and place. Copies may also be made available by telephoning the City Clerk at 319-356- 5043 or emailing kgrace@iowacity.org Madison Conley, Associate Planner M � O Prepared by: Madison Conley, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319,356-5132 Ordinance No. Ordinance amending Title 14, Zoning, related to the City's Floodplain Management Standards to ensure the community's continued participation and eligibility in the National Flood Insurance Program (NFIP) (REZ25- 0013). Whereas, the City has been a participating in the National Flood Insurance Program (NFIP) since 1977; and Whereas, the City's continued participation in the NFIP allows flood insurance eligibility for community members and continued Community Rating System (CRS) program participation; and Whereas, the City is ranked at Class 6 in the CRS program and has achieved this class by implementing flood damage reduction, flood warning and response, flood mapping and regulation, and public information activities that exceed NFIP's minimum standards resulting in a 20% discount for community members on federally backed flood insurance; and Whereas, the City received a formal notice from the Federal Emergency Management Agency (FEMA) on June 26, 2025 that Iowa City is required, as a condition of continuvg eligibility in the NFIP, to adopt or show evidence of adoption of the floodplain management regtotions that meet the standards of 44 Code of Federal Regulations (CFR) Part 60.3 (d) 6f the NBP by the effective date of the Flood Insurance Rates Maps (FIRM); and Whereas, the proposed amendments adopt the FIRM and the Flood Ins §?udy (FIS) submitted to the City by FEMA on June 26, 2025, ensure the City's continued `tticippon in the NFIP, and support sound floodplain management practices across the commtlblty; and, r � Whereas, the Iowa City Comprehensive Plan includes a land use goal that emourages compact, efficient development through a City strategy that guides development away from sensitive environmental areas, such as floodplains and flood hazard areas; and Whereas, the Iowa City Comprehensive Plan includes an environmental goal that works to protect and enhance our watersheds, floodplains, wetlands, and greenways; and Whereas, the Planning and Zoning Commission reviewed the zoning code amendments set forth below at the September 3, 2025 meeting and recommended approval by a vote of 4-0 (Miller, Elliott, Beining absent). Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Amend 14-5J-1: Purpose, by adding the following underlined text and deleting the following text with a strikethrough: 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. r^Fa. '^ A"' A, 11 'C 201^` B. Amend 14-5J-2: Applicability And Interpretation, by adding the following underlined text and deleting the following text with a strikethrough: A. Application Of Provisions: R the 'jGhR69R GOURtY, Iowa, and RGOFPGFated aFeas flood nSUFan88 Fate Fnap", dated @C. Minimum Requirements: The provisions of this aArticle are considered minimum requirements and will be liberally construed in favor of the geverr+ag-bedy City of Iowa City and will not be deemed a limitation or repeal of any other powers granted by the sState statutes. GD. 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. NLA 40 4414, 14 16 2044D) C. Amend 14-5J-3: Legal Authority And Findings Of Fact, by adding the following underlined text and deleting the following text with a strikethrough: A. Legal Authority: Chapters 455B and 414, sCode 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 h"hts 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 nNatufal (Resources or its assignee. D. Amend 14-5J-4: Compliance with Provisions; Nonconforming Situations, b adding the following underlined text and deleting the following text with a strikethrough: J A. Except as provided in subsection B of this section, no structure or land shall hr reafter 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 sChapter 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 sChapter 4, aArticle E, "Nonconforming Situations", of this title. E. Amend 14-5J-5: Enforcement, by adding the following underlined text and deleting the following text with a strikethrough: 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. 43. Record and maintain a record of the elevation (in relation to net anal geed9tiG VaFtiGR1 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 ANatural (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. 10 ""'", 11 16 2019) supplied by the Federal Insurance Administrator. 7. Notify the Federal Insurance Administrator of any annexations or mod.06atior�m'o' to the: Iowa City's boundaries. _ � (1) An increase in the base flood elevations, or 0 (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 anv additional information deemed necessary to the Board of Adjustment. F. Amend 14-5J-6: Floodplain Development Permit, by adding the following underlined text and deleting the following text with a strikethrough: 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 sChapter 8, aArticle B, "Administrative Approval Procedures", of this title. Issuance of a floodplain development peril does not relieve the property owner from complying with federal, state, or other agency regulations, including approval when required from the Iowa dDepartment of ANatural cResources. 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, buildiag 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. rnrw 10 441411 16 204q shall not issue Permits for variances except as directed by the Board of Adiustmenl. D. Penalties for Violation: Violation of any provision of this Chapter will be enforced as a municipal infraction pursuant to 1-4-2. G. Amend 14-5J-7: General Floodplain Management Standards, by adding the following underlined text and deleting the following text with a strikethrough: Resources shall be contacted to determine: fringe: and B. The base flood elevation. Until a regulatory floodwav 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 s#vGtuFees 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. SD. 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. GE. Residential Buildings: 1. All new or substantially improved residential structures must have the lowest floor of the original strueturs and any lateral additionincluding basement, elevated a minimum of one foot (1') above the flood hazard elevation. Construction shall be upon compacted fill which shall. at 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 around shall be provided with means of access that will be Passable by 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 or, Rai StFUGUAFO and aRy latsFal add tion, including basement, elevated a minimum of one foot (1') above the flood hazard elevation or, together with attaindant utility and sanitary systems, be floodproofed to such a level. LA 23. When floodproofing is utilized, a professional engineer registered in the state shall ..I, that the floodproefing methods used are adequate to iv thstAnd the flood depths, PFGGGUFOG, Vales ties, iFnpaGt and UP' ft fGFGes and GtheF fRGtQF9 RRSQG*atpd with the flood hazard, and that the StF'-Gt--Fg below, the flood hazard AlAvat on 6 watert ght w th walls SUbStaRt ally must submit a Non -Residential F000dproofing 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 Floodoroofino Certificate shall certify that the floodproofin 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. properly under all conditions, including power failures. €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, 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 , ventilation, plumbing and air nn QthAF RAP-1 AR f-G I tiAR elevated GF fleadpFeefed to one feet (1') above the fleed ha;!aFd AlevatinR. shall be constructed with electric meter, electrical service Panel box, hot water healer, heating, air conditioning, ventilation €H. 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 -too or frame ties to around anchors as reauired 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 (V) 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. WJ. 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 (V) 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, bAot limited to, levees and flood walls, must provide, at a minimum, protection from a 0.2°% floor event with a minimum of three feet (T) of design freeboard and must provide for adegµate in rior -- drainage. In addition, flood control structural works must be approved by tM dowa Department of nNatural rResources or its assignee. dL. 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. 6N. 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: 42. The structure is not used for human habitation. 23. 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 eth,;F: irasfures 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. . The structure's walls include openings that satisfy the provisions of 14-5J-7E-1. A4O. 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. critena,are satisfied: a. The recreational vehicle shall be located on the site for less than one hundred eighty (180) consecutive days; and ' cn 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. 4)rd 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. H. Amend 14.5J-8: Special Floodway Provisions, by adding the following underlined text and deleting the following text with a strikethrough: 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 19A flood -hazard 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 relocaNd portion. In addition, such alterations or relocations must be approved by the Iowa dDepartm Nt of aNatural Resources or its assignee. Ca 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 banlhor otherwise sufficiently protected to prevent rupture due to channel degradation:.and mfi4ndering 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 lewa depaFtment of natwal Fe6e 'FGee e 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. I. Amend 14-5J-9: Variances, by adding the following underlined text and deleting the following text with a strikethrough: The bBoard of aAdjustment may authorize, upon request, in specific cases, such variances from the terns 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 sChapter 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 14-413-2 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 vResources 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 bBcdrd of aAdjustment will consider all relevant factors specified in other sections of this :aArticle :%t 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 maybe swept onto other land or downstream to thednjury 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 O^')` J. Amend 14-5J-10: Amendments, by adding the following underlined text and deleting the following text with a strikethrough: 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. (GFd 10 4414 „ 16 On,N K. Amend 14-SJ-11: Warning and Disclaimer of Liability, by adding the following underlined text and deleting the following text with a strikethrough: 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.'^•. 10 4414, 14 16 2010) L. Amend 14-813-5: Floodplain Development Permit, by adding the following ggderlined text and deleting the following text with a strikethrough: A. Permit Required: A floodplain development permit issued by the building-offci shall be secured prior to initiation of any development on a tract of land within a flood hazard @,rya. c. B. Submittal Requirements: The building official may require the following information: 1. Description of the work to be covered by the permit. ,Ja 2. Description of the land on which the proposed work is to be done (i.e., lot, back, 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 -ha7ar9-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 net anal geedetis veHisal 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. 7-8. Such other information as the adM RislFater building official deems reasonably necessary for the purpose of determining compliance with the requirements of sChapter 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 sChapter 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 sChapter 5, aArticle J of this title. 4, M. Amend 14.9F-1: Definitions, by adding the following underlined text and deleting the following text with a strikethrough: 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 sChapter shall apply to all terms used in sChapter 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 following having one (1) percent chance of being equaled or exceeded in a given year. (Also commonly referred to as the " 100-year flood"). r 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 Wthe 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. ENCLOSED AREA BELOW LOWEST FLOOR: The floor of the lowest enclosed area in a structure when all the followina criteria are met: EXISTING CONSTRUCTIOM Any structure for which the "start of construction" commenced before May 2. 1977. compieteo before May Z. i u t t. - Construction of streets and either tinal site grading or the pouring Or concrete Baas. o N 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: A. 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. B. 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. C. 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). D. 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 r shaded and areas that are subject to flooding that are identified on the Flood Insurance Rate Mao asA" "AE", "X"-9F,. on the flood n61JFanG9 Fate ata�. and "X-shaded". FLOOD HAZARD ELEVATION: ° fleed as pFefiled in the feed nsurance study for johnson County, Iowa. In AFARS Af ShA110A40911 R9, the elevation 0 as provided by the Flood Insurance Study for Johnson County. Iowa. - w 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 (EIS): A study init ated, funded and pub! shed by the federal . A report published by 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 floodplain, 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 elevaiiera- cumulatively increase the water surface elevation of the base flood (1 % annual chance) by more than one foot W FLOODWAY FRINGE: 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 around surface prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE: Any structure that is: D. Individually listed on a local inventory of historic places in communities with historic approved programs. LOWEST FLOOR: The Floor of the lowest enclosed area in a buildiag structure, including a basement, except when : the criteria listed in the definition of Enclosed Area Below Lowest Floor are met. ge patent al uses, such as build ng ac;Gess, paFk Ag ep steFagei and * Mach nary and 6ervoe fac 11 as (e.g., hot water heat8F, fuma(38, elOGtFiGal sew Gel elevation; and 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 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, cradling and excavating) valued at less than $500. 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. NON-RESIDENTIAL STRUCTURE: A structure that has a commercial or non-residential (non - Iinguoing grain Dins ana most. Inguslnal Dunuings, ana warenouses. cn RECREATIONAL VEHICLE: A vehicle which is: --a . . -< A. Built on a single chassis; w B. Four hundred (400) square feet or less when measured at the largest horizontil projection; "?- 0 C. Designed to be self-propelled or permanently towable by alight 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 (T), 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 Mao as Zone A. A11-30. AE, AH, AO, AR, and/or A99. START OF CONSTRUCTION: Includes substantial improvement, and means the date the 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 assessedF market value wh GheveF d. Volunteer labor and donated materials shall be included in the estimated cost of repair. SUBSTANTIAL IMPROVEMENT: Any improvement to a structure that satisfies eithat of the following criteria: w A. Any repair, reconstruction or improvement of a structure, the cost of which equsa 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, beforeihe damage occurred. For the purposes of this definition, substantial improvement is coh,Jered 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 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%). (GFd 10 441411 16 2049) VIOLATION: The failure of a structure or other development to be fully compliant with the City's floodplain management ordinance. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Seyerability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof no adjudged invalid or unconstitutional. Section IV. Effective Dale. This Ordinance shall be in effect after its final passage, approval, and publication, as provided by law. Passed and approved this day of 2025. Mayor Approved by Attest: City Clerk City Attorney's Office by: Madison Conley, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; Ordinance No. Ordinan amendingardTitle 14, Zoning, related to the Cit s Floodplain Manageme Stands to ensure the community's contin d participation and eligibilityNiq the National Flood Insurance/ainManagement NFIP) (REZ25- 0013). Whereas, the Fade I Emergency Management AFEMA) required all participating communities in th ational Flood Insurance Pro adopt the effective FIRM and FIS which required amendment to the Flnt Standards, Floodplain Development Permit, an loodplain Definitions mpliance with NFIP minimum requiremnts; and Whereas, there is a requirement f the Iowa Oepartment of Natural Resources to comply with the minimum requiremnts from EMA Ja d to approve the City's Community Assistance Visit; and Whereas/protect proposed amendments allow ity of Iowa City to continue participation in the NFIP and ; and WhereasPlanning and Zoning Co mission re mended approval of the Title 14 Zoning Code aments at its meeting on eptember 3, 202 and Whasin the City's best int rest to adopt this ordina 0 No-�lerere,ordained by the ty Council of the City of Iowa Ci Iowa: LU Section I. Aments. The Code f Ordinances of the City of Iowa City, low is hereby amended as wLPi....A. Amend,kr3-5urpose y deleting the following text with a strikethrough:14-5J-1: PURPOThe purpose of tIcle is to protect and preserve the rights and privileges and prop y of Iowa City and itsants and to protect, preserve and improve the peace, safety, health, welfare, comfortconvenience of its residents by minimizing flood losses. The provisions f this aArticle arened to: A. Reseryufficient floodplain area for the conveyance of flood flows so that flood heights and velociti96 will not be increased substantially. B. R94rict or prohibit uses that are dangerous to health, safety or property in times of flood or that use excessive increases in flood heights or velocities. Require that uses vulnerable to floods, including public utilities that serve such uses, be teded against flood damage. Assure that eligibility is maintained for property owners to purchase flood insurance thr gh the national flood insurance program. (Ord. 19 4414, 11 162010) B. Anlknd 14-5J-2: Applicability And Interpretation, by adding the following underlined tf delet g the following teat with a strikethrough: / 14-5J-2: AP ICABILITY AND INTERPRETATION: A. Applicalipri Of Provisions: @C. Minimum Require requirements and will be will not be deemed a limi s: The provisions of this aArtia Ily construed in favor of the ge or repeal of any other powers are considered by the sState statutes. CD. Abrogation An Greater Restrictions: It is not intended by thi aArticle to repeal, abrogate or impair a existing easements, covenants or, deed restric ns. However, where this aArticle imposes g ater restrictions, the provisions of this aArticle shall revail. Where more specific provisio herein conflict with other provisions of this title, this aA%plesh�ll prevail. E. Severabi : If an section clause rovision or ortion of this Ordina'ud ed unconstitu ' nal or invalid by a court of competent *urisdiction the remainder of this Ordinance shall not Ve affected thereby. C. A nd 14-5J-3: Legal Authority And Findings Of Fact, by adding the following unde 'ned text d deleting the following text with a strikethrough: LEGAL AUTHORITY AND FINDINGS OF FACT: / A. Legal Authority: Chapter 455E and 414, cCode of Iowa, as amended, gives cities aut 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 to of life and property, health and safety hazards, disruption of commerce and gover ental services, extraordinary public expenditures for flood protection and relief and impair nt of the tax base, all of which adversely affect the peace, safety, health, welfar , comfort a d convenience of its residents. 2. The flood losses, hazards, and related adverse effects are caused by th ccupancy of flood haze areas by uses vulnerable to flood damages. Such uses create h ardous conditions as a esutt of being inadequately elevated or otherwise protected fr flooding and the cumulative a ct of obstructions on the floodplain causing increases in od heights and velocities. 3. This aArticle lies upon engineering methodology for analyzi flood hazards, which is consistent with the sta ards established by the Iowa dDepartme of aNatural;Resources or its assignee. D. Amend 14-5J-4: Com lance with Provisions; Nonco rming Situations, by adding the following underlined text d deleting the following to ith a strikethrough: 14-5J-4: COMPLIANCE WITH OVISIONS; NONCO FORMING SITUATIONS: A. Except as provided in subsec n B of this se ion, no structure or land shall hwafter be used and no structure shall be locate enlarged nverted or structurally altered without full compliance with the terms of this aArticl ;n v B. If a structure that is not in compliance ith the provisions of this aArticle. lawfulluxisted " prior to May 2, 1977, and has existed cc u sly without abandonment since that time, then improvements may be made to the stru ure, no ithstanding the provisions of this aAticle,,_.. provided such improvements do not nstitute a s stantial improvement as defined g5 eChapter 9, aArticle F, "Floodplain anagement De itions", of this title. However, st44tures, uses, or development that are no nfonming with reg to other provisions of this titles must comply with the applicable regu tions contained in oCh ter 4, aArticle E, "Nonconforming Situations". of this title. E. Amend 14-5J-5: Enfo ment, by adding the following\adminter nd deleting the following text with a ikethrough: 14-5J-5: ENFORCE NIT: A. Enforcemen EN/,FORCE Designated: The building official shenforce the provisions of thi Article. B. Duties d Responsibilities: Duties and responsibilities ial include, but are not nec sadly limited to the following: 43. Record and maintain a record of the elevation (in relation to daWm North American Vertical Datum 1988) of the lowest floor, including basement, of all new ors stantially improved buildings structures or the elevation to which new or substantially/ impro d structures have been floodproofed. 24. r1kotify adjacent communities or counties and the Iowa dDepartment of 1souroelh, or its assignee, prior to any proposed alteration or relocation of a 35. Keep krecord of all permits, appeals, variances and other such transeprions and correspondence Oprtaining to the administration of this aArticle. (Ord-49-4 Iowa City's boundaries. F. Amend 14-SJ-6: Flo dplain Development Permit, by adding the fo wing underlined text and deleting the follow' g text with a strikethrough: 14-5J-/toe P IN DEVELOPMENT PERMIT: A. Pwired: A floodplain development permit, issued by the buildin fficial, must be obtaineinitiation of any development on a parcel of land within a flood h and area accordapplicable review and approval procedures contained in cChapter aArticle B, "Adminpproval Procedures", of this title. Issuance of a floodplaindevelopm t permit doesnhe property owner from complying with federal, stale, or other agency regulatding approval when required from the Iowa dDepartment of oNatural Compliance: Floodplain development permits based on approved plans and applications rize only the use, arrangement, and construction set forth in such approved plans and at! Prior to use or occupancy of any structure, the applicant will be required to submi cert cation by a professional engineer or land surveyor, registered in the stale, that the finis d fill, structure floor elevations, floodproofing or other flood protection measures we accomp had in compliance with the provisions of this aArticle. Any use, arrangement constructs not in compliance with the uses authorized will be deemed a violatiZmemake s aArticle. , C. Action on compliance lication: The buildingofficial shall within reasonable a determination as whether the proposed Flood lain develo ment meets the Aplicable standards of this A le and shall approve or disapprove the a lication. F disa rovals the a l!rant shall be info ad in writing, of the specific reasons therefore. a building official shall not issue Permits Nvariances except as directed by the Board o d'ustment. D. Penalties for Violation. Violation of any provision of this Chat will be enforced as a munici al infraction oursuanN 1-4-2. G. Amend 14-5J-7: General oodplain Management Sta ards, by adding the following underlined text and deleting th following text with a stri through: 14-5J-7: GENERAL FLOODPLAIN MANAGEMENT STANDARDS Resources shall be contacted to determine: fringe; and AC. General Construction 1. Adequately Desi ned movement of the structure; c 2. Constructed with star 3. Constructed by ethod a V w m All s2rastF ,esdevelo ant shall be: mchored to prevent flotatio collapse or lateral Is and utility equipment resistant to flood dame ; and and practices that minimize flood damage. 9D. /idential i I Facilities: 1. ical facilities may not be located within a flood hazard area. 2. ical facilities must be located with a means of vehicular access that will remainuring occurrence of the 0.2% flood event. GE. Buildings: 1.ubstantially improved residential structures must have the lowest floor of the . including basement. elevated a minimum of one foot (1') above the flood hazard elevation. Where existing topography, street grades, or other factors preclude evating by fill, altema methods of elevating, such as piers, may be allowed, subject to proval by the building aTclal. In such a case, a licensed professional shall certify that)he methods used will be adequatisto support the structure as well as withstand the various roes and hazards associated wift floodinq. OF. Nonresidential and Mixe, 1. All new or substantially in floor of the -eriginafstru minimum of one foot (1') and sanitary systems, be Buildings: Jepfial buildings str� ind azard elevation or, such a level. must have the lowest asement. elevated a r with attendant utility 23. When floodproofingrs utilized, a professional engineer regikered in the state shah €G. All New A Substantially Improved Structures: 1. Fully enclose reas below the "lowest floor" that are subject t ooding shall be designed to automatical equalize hydrostatic flood forces on exted walls by allowing for the entry and exit of floodwate . Designs for meeting this requiremen ust either be certified by a registered professional engin r to meet or exceed the followin inimum approval criteria: a. There must be a minim of two (2) openings havi a total net area of not less than one square inch for every square f t of enclosed area sub' ct to flooding. The openings shall not be located on the same wall. b. The openings shall be located exterior w s such that the 1 % flood elevation, or shallow flood elevation, is above the botto of the o ning, and in all cases the bottom of all openings shall be no higher than one foot (1 abov grade. c. Openings shall permit the automatic a and exit of floodwaters. 2. New and substantially improved stru res ust be designed or modified and adequately anchored to prevent Flotation, c lapse of teral movement of the iftcture'*esulting from hydrodynamic and hydrostatic loads including the ffects of buoyancy. r 3. New and substantially improve structures" the flood hazard elevation. €H. Manufactured Hou ing: MAR -factored housing, including those laced in existing ma or subdivisions, must b 1. Anchored to/esist flotation, collapse or lateral 2. Elevat on a permanent foundation such that the lowest floor of the structur is a minimum of ne foot (1') above the flood hazard elevation. GI. Uti And Sanitary Systems: 1. All new or replacement on site water supply or sewage waste disposal systems ml locatfiid or designed to avoid impairment to the system or contamination from the system ( 2. New or replacement water supply systems and sanitary sewage systems must be igned to minimize or eliminate infiltration of floodwaters into the system. Water supply f ilities and sanitary sewage systems (other than onsite systems) must be provided Oh a level of p tedon equal to or greater than one foot (1') above the flood hazard elevation 3. Ntilities, such as gas or electrical systems, must be located and censtr ed to minimize or elimin Flood damage to the system and the risk associated with such Fl d damage or impaired s terns. 4. On -site aste dis osal and water supplysystems shall be local or designed to avoid im airment to th s stem or contamination from the system during fl din . kIJ. Storage Of mmable, Explosive Or Injurious Materials: orage of materials and equipment that are Fla mable, explosive or injurious to human nimal or plant life is prohibited unless elevated a minim m of one foot (1') above the flood and elevation. Other material and equipment must either be 'milady elevated or: 1. Not be subject to majdr�Flood damage and be ar�fShored to prevent movement due to floodwaters; or 2. Be readily removable from tke area within pie time available after flood warning. 1K. Flood Control Structural Works:VQood c trol structural works, including, but not limited to, levees and Flood walls, must provide, t a inimum, protection from a 0.2% flood event with a minimum of three feet (3') of design free rd and must provide for adequate interior drainage. In addition, flood control structur I orks must be approved by the Iowa dDeeartment of nNatural rResources or its assignee. _. dL. KM. Subdivisions: 1. Subdi/Ardcle. d lanned developments, including manufa red housing parks and subdivisions, signed to minimize Flood damage and must ve adequate drainage provided to reosure to flood damage, and must meet the apple ble performance standards estby the eCity eEngineer. Development associated ' h subdivision proposals (ince installation of public utilities) shall meet the applicable performance standards of tle. Any subdivision, planned development, or manufa red housing park intended for rdevelopment must provide all lots with a means of vehi lar access that will remain paring occurrence of the 40.2% annual chance flood event. 2. Prop6sals for subdivisions shall include the Flood hazard elevation data for th a areas located within flood hazard areas. esidential Accessory Structures: The exemption of detached garages, sheds and\ uctures from the general floodplain management for residential buildings may resin premium rates for insurance coverage of the structure and contents; however, sak garages, sheds and similar accessory type structures are exempt from the general management for residential buildings when all of the following conditions exist: The structure is not used for human habitation. 34. The tructure is constructed and placed on the building sit so as to offer minimum resistance to t flow of floodwaters. 45. The stru ure is firmly anchored to prep R..,etatie , 'sp-raayresuttJa-damage to eihecbirastuwc re 'st floatation colla se and lateral move ant. 66. The service ilities for the structure, such as ectrical and heating equipment, are elevated or floodproofe to at least one foot (1') abov he Flood hazard elevation. A4O. Recreational Vehicles: 1. Recreational vehicles are empt f m the requirements of subsection F of thedion regarding anchoring and elevation o ma factured homes when the following�iiteriae satisfied: - rn a. The recreational vehicles II b located on the site for lass than one`y[IUrg�;eigh[y (180) consecutive days; and . b. The recreational vehi a must be fu licensed and ready for highwalF1i AZ5 recreational vehicle is ready f r highway use if is on its wheels or jacking sysfj3ln an�ys attached to the site only by uick disconnect typ utilities and security devices and hasno permanently attached ad 'ions. 2. Recreational ve icles that are located on the 'ts for more than one hundred eighty (180) consecutive da or are not ready for highway us must satisfy requirements of subsection F of this action regarding anchoring and ele tion of manufactured homes. (9rd- H. Amen 14-5J-8: Special Floodway Provisions, by adding thIdevelomen derlined text and delet' g the following text with a strikethrough: 14-5J : SPECIAL FLOODWAY PROVISIONS: In dition to the general floodplain standards listed above, uses ithin the Fldway must meet the following applicable standards: A. No use development is permitted in the floodway that would increase the ° 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: Be consistent with the need to minimize Flood damage; and Use construction methods and practices that will minimize flood damage; 3. tke construction materials and utility equipment that are resistant to floofrdamage C. No develo ment is permitted that would affect the capacity or con yance of the channel or flo way or any its to the main stream, drainage ditch or y other drainage facility or syste D. Structures, b 'Idmgs recreational vehicles and sanitary a/Witystems, if permitted, must meet the appli le general floodplain management standust be constructed and aligned to present a minimum possible resistance to Flood E. @uildia9s-Structures, f permitted, must have low Flood mage potential and must not be I used human habitation. F. Storage of materials or a ipm human, animal or plant life is pro bit removable from the floodway withi t G. Watercourse alterations or relc must be designed to maintain the Flo( In addition, such alterations or reloca ANatural FResources or its assignee. H. Any fill or stream bank erosion beneficial purpose and will be limited I that are buoya ,Flammable, explosive or injurious to . Storage of of r material may be allowed if readily time availab after flood warning. tions, incl ding channel changes and MdiflcajiBna, rryin pacity within the altered or rglodAte onion! i n be approved by the Iowa dDep$ ttfibnt f - m 7 I p jects allowed in the floodway must hav&om� ` the mini um amount necessary. - o I. Pipelines that cross rivers ors eams must be uried in the streambed and banksoc otherwise sufficiently protected to revent rupture du to channel degradation and meandering or due to action of flood flows. ere floodway data h been provided in the flood insurance study, such data shall be use to define the floodway lim' s. I. Amend 1 -5J-9: Variances, by adding the following underlined text an elating text wit a strikethrough: 14-5JI RIANCES:The of aAdjustment may authorize, upon request, in specific cases, such ve the rms of this aArticle that will not be contrary to the public interest where, owing ditions, a literal enforcement of the provisions of this aArticle will result in unnec, the following from and undue hardship. To ensure that the spirit of this title is observed and substantial justi one, no riance to the strict application of any provision of this aArticle shall be granted by a board un ss the applicant demonstrates that all of the following approval criteria are m . In addition, the 4plicant must meet all the provisions and general approval criteria for van ces as stated in rChbeter 4, aArticle B, "Minor Modifications, Variances, Special Exception , And Provisional Uses", o his title, except subsection 14-4B-2A4 of this tifle. See Section 1 -8C for the rocix re aDDIV for a variance and Section 14A13-2 for the standards obtain a variance. A. Appro\inod : 1. No vall be granted for any development within a floodway that would result in any increelevation unless approved by the Iowa _apartment of nNatural ;Resources nee. 2. Variances shall ly be granted upon a showing of ood and sufficient cause, and a determination that the gra ing of the variance will not r ult in increased flood elevation, additional threats to public s ety, extraordinary public xpense, create nuisances or cause fraud on or victimization of the ublic. 3. Variances shall only beg ted upon a d ruination that the variance is the minimum necessary, considering the flood ha rd, to affo relief. 4. In cases where the variance in%N what is ordinarily required by this aArticl, signature of the building official, that the premium rates for flood insurance. , 5. All variances granted shall h nNatural;Resources or its assignee B. Factors For Consideration: aAdjustmenl will consider all re vaf addition to the following facto 1. The danger to life encroachments. 2. The others. i lower level of flood protection for buildings than applicant shall be notified, in writing, over the nce of a variance will likely result in increased the considering al ctors specified property due to increased or approval of the Iowa;4Depagment of. cations for variances, tfii NOoWd of t other sections of this a0trcle to. r9 i flo levation or velocifgs cat&d by m may be swept on to other land orbpwnstream to the injury of 3. The impo ce of the services provided by the proposed facility to a community, and the risk of losing id services during a flood event. 4. The ris ssumed by emergency personnel if it is necessary to evacuate use/structure ring a flood event. 5. Afte consultation with the historic preservation commission, a determination of ether complian with the floodplain regulations would result in a substantial alteration or destru 'on of definin architectural characteristics of landmark properties and properties located within historic r conservation districts. Such other factors that are relevant to the purposes of this aArticle. Cf Conditions Of Approval: Upon consideration of the factors and approval criteria listed in this section, the 4Board of aAdjuslment may attach such conditions and safeguards to the of a variance as it deems necessary to fulfill the purposes and intent of the of thib aArticle J. Ame 14-5J-10: Amendments, by adding the following underlined to nd deleting the followin text with a strikethrough: 14-5J-10: AME MENTS: The regulations an tandards set forth in this aArticle may, from tim to time, be amended, supplemented, chang or repealed. No amendment, supplement hange or modification shall be undertaken without p 'or approval of the Iowa dDepartment o Natural fResources or its assignee. K. Amend 14-5J-11: Warnin nd Disclaimer of Liability, bJ/adding the following underlined text and deleting the following to with a sMkethrough: 7 14-5J-11: WARNING AND The degree of flood protection required t purposes and is based on engineering all on rare occasions. Flood heights may be ice jams and bridge openings restricted t outside the regulated areas will be free fr imply that uses permitted within the regul This aArticle shall not create liability on for any flood damages that result from e lawfully made hereunder. , OF LIABILI Kpartof le is considered reasonable for regulatory methods of study. Larger floods may occur ad by humanmade or natural causes, such as his aArticle does not imply that areas g or Flood damages. This aArticle does not will be free from flooding or flood damages. we City or any officer or employee thereof h aArticle or any administrative decision L. Amend 1"B-5: Floodplain D elopment Permit, by ding deleting the following text wi a strikethrough: 14-813-5: FLOODPLAIN DEV OPMENT PERMIT: A. Permit Required: A odplain development permit issu secured prior to initiation f any development on a tract of land the following underling`s textand m -- m ed the building I�officiit shad. ?L with a Flood hazard Aga. '• B. Submittal Requir ments: The building official may require the fo wing informatwo: 1. Description the work to be covered by the permit. 2. Descriptio of the land on which the proposed work is to be done a., lot, block, tract, street address o similar description) that will readily identify and locate the w to be done. 34. Ind)6ation of the use or occupancy for which the proposed work is 45. Vevation of the Reed-haaar6-WORM -base flood and 0.2% annu; Where fl od elevation data is not provided in the flood insurance study, the the lowfi dDepartment of nNatural fResources to obtain such data. Elevation tin relation to nafienal-geedetis vekisal datum North American Vertical of the lowest Floor, including basement, of buildings structures or of the level to v g is to be Floodproofed. 67. For buildings structures being improved or rebuilt, the estimated cost of impr ements nd market value of the building structure prior to the improvements. 8. Such other information as the administrater building official deems reaso ly necessary for t purpose of determining compliance with the requirements of sChap r 5, aArticle J, "Flood in Management Standards", of this title. C. Appr al Procedure: The building official shall, within a reas able time, make a determination s to whether the proposed floodplain development meet a applicable standards of sChapter 5, rticle J, "Floodplain Management Standards", of thi itle, and shall approve or disapprove, in wri , the application. For disapprovals, the appli will be informed, in writing, of the specific reaso why the application was disapproved. Th wilding official shall not issue permits for variances, xcept as approved by the bBoard aAdjustment according to the approval criteria for such ariances set forth in sChapter 5, icle J of this title. 4 M. Amend 149E-1: Definitions, adding the following derlined text and deleting the following text with a strikethrough: 14-9F-1: DEFINITIONS: As used in sChapter 5, aArticle J, "Floodp 'n M agement Standards", of this title, the following definitions shall apply. The general definition ontained in aArticle A of this sChapter shall apply to all terms used in sChapter 5, aArticl f this title that are not defined in this S15ion. APPURTENANT STRUCUTRE: A struc re whic is on the same aroel of th - ) ro ee4 as the, Principal structure to be insured and the se of which ' incidental to the use of t..gindQal .._; structure. cl BASEMENT: Any enclosed are/efinition building that has its or or lowest level b grgynd rS` level (subgrade) on all sides (see of Lowest Floor). --,.� c . CLASS' CRITICAL CILITIES: Facilities that must remain accessible du g the 0.2°/n flood event because they ar the base of operations for emergency responders, are articularly difficult to evacuate 16ring a flood event, or facilities that provide services essen, I to the life, health, and safety the community. Class 1 critical facilities include police and fire tations, emergency medi centers, communication centers, hospitals, jails, nursing homes, nd other residential uses r persons with limited mobility and/or dependency upon life sustainin medical equipment. CRITICAL ACILITIES: Structures that store public records; museums and libraries; scho Is; and other ildings that store rare and/or valuable items and information that sustain the his, and publi records of a community. These structures are not expected to remain accessible or function' g during a flood event, though in many instances their functions must resume as soon as pos ble after a flood event. Critical facilities also include public infrastructure such as water distri tion and wastewater treatment facilities, which are expected to remain functioning during a Flo d event although they may be temporarily inaccessible or accessible only by watercraft du g a flood event. DEVELOPMENT: Any humanmade change to improved or unimproved real estate, it not limited to, the placement of manufactured housing, buildings or other structur, edging, streambank erosion control measures, storage of equipment or materials. t Ong, paving, excavation or drilling operations. FLOOD: A general and tarfiporary condition of partial or comprate inundation of normally dry land areas resulting from)he overflow of streams or rivers or from a unusual and rapid runoff of surface waters from v source. FLOOD CONTRO TRUCTURAL WORKS: Barriers or storage area\percent ted to control floodwater, modify redirect a channel. FLOOD ELEV ION: The elevation which floodwaters would reach alar site during the occurrenc f a specific frequency flood. For instance, the 1% floodis the elevation of odwaters with a one percent (1 %) likelihood of occurring year. The 0.2% flood evation is the elevation of floodwaters with a two -tenths pe% kelihood of occurri in any given year. In areas of shallow flooding, there is a on(1 % orgreater nual chance of flooding to an elevation specified on the flood rate P. 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 equ d or exceeded at least once every five hundred (500) years. 100- ear Flood Event: A flood, the magnitude of which has a one percent (1%) ance of being equ ed or exceeded in any given year or which, on the average, will be a led or exceeded a east once every one hundred (100) years. 1% Annual once Flood Event: The predicted level of flooding with a e percent (1 %) chance of being ualed or exceeded in any given year (formerly known the 100-year flood event). 0.2% Annual Cha a Flood Event: The predicted level of (0.2%) chance of being waled or exceeded in any given ye flood event). FLOOD HAZARD AREA: L d identified on the Flood Insuranc ffiW and"X-shaded' FLOOD HAZARD ELEVATION: i a two -tenths percent known as the 500-year by the Iowa Department of Natural Res Lrces. .=ac: "' ' r' a -C Ff FLOOD INSURANCE RATE :,nAP IRM :The offs ' I map prepared as part �-('t pablish separately from) the flood insur study which delin tes both the flood hazaf$"a4easaind therisk premium zones applicable the community. - ca m FLOOD INSURANCE STUD JEISI: FLOODPLAI : Any land area susceptible to being inundated by water as result of a specific frequency flo .For instance, the 1% floodplain is the area of land that, in a given year, has a one percen 1%) likelihood of flooding. The 0.2°h floodplain is the area of Ian hat, in any given year, has two -tenths percent (0.2%) likelihood of flooding. In areas of shallow oding, there is a one pe nt (1%) or greater annual chance of flooding to a specified elevation, t a clearly define channel does not exist, and the path of flooding is unpredictable. FL,OODPLAIN MANAGEMENT: An overall program of corrective and preventive mea res for re cing flood damages and for promoting the wise use of floodplains, including, but not ,ted Zt , emergency preparedness plans, flood control works, floodprooflng and floodplain anagement regulations. FLOODPROOFING: Any combination of structural and nonstructural additions, changes or 'ustments to structures, including utility and sanitary facilities, which will reduce or elimin fl damage to such structures. FLO WAY: The channel of a river or stream and those portions of the floodplains djoinii the chan I which are reasonably required to carry and discharge floodwaters or fl d flows that confine ant of floodwaters to the floodway area will not a Pau elevatie�f cu lativel increase the water surface elevation of the base Flood /o annual chance bv mor han one foot 1' . so that confinement Floodwaters to the floodway area will not result in stantially higher flood elevation. FLOODWAY FRINGE: LOWESTFLOOR: The floor of the lowest enclosed area in a building isement, xceot when : the criteria list MANU\traverailers ED HOUSING: Any structure designed for residential use whic s wholly or in substantmade, fabricated, formed or assembled in manufacturing facil' s for installatisembly and installation on a building site. For the purposes sChapter 5, aArticle plain Management Standards", of this title, manufacture ousing includes factory bs, mobile homes, manufactured homes and modular mes and also includes park traile milers and other similar vehicles placed on a site r greater than one hundred 18 consecutive days.- and not full licensed and r ad for hi hwa use. MANURED USING PARK ORSUBDIVISION: A p cel or contiguous paroels of land divitwo (2) more manufactured housing lots f rent or sale. valued at less than $500. NEW CONSTRUCTION OF NEW B structures or development that began 1977. VEHICLE: A vehicle which is: MANUFACTURED HOUSING PARKS: Those art of construction began on or after4ay 2, A. Built on single chassis; B. Four ndred (400) square feet or less when measured at the C. D igned to be self-propelled or permanently towable by alight duty truck; d D. esigned primarily not for use as a permanent dwelling but as a temporary livi quarters for r creational, camping, travel, or seasonal use. HALLOW FLOOD HAZARD AREA: Areas of special flood hazards having shallow wat epths and/or unpredictable flow paths between one foot (11 and three feet (T), and with w r surface elevations determined. STRUCTURE: Anything constructed r installed on t ground or attached to the ground, including, but not limited to, buildings, fa vies, shed ,cabins, manufactured housing, grain storage facilities, storage tanks and similar. Z4 SUBSTANTIAL DAMAGE: Damage of any o ' sustained by a structure where th"ost of restoring the structure to its predamaged cond' i would equal or exceed fifty perpenf�50%) of the assessed-ermarket value . matenals snan De ncivaeo In me emimatea cost Oi re Ir. — I SUBSTANTIAL IMPROVEMENT: y improvement to\ae cture that satisf'4g eitheE;gf the following criteria: —' A. Any repair, reconstruction improvement of a str, t cost of which equals or exceeds fifty percent (50%) of a assessed or market vs es blished by an appraisal paid for at the owners expense, ichever is greater, of the re eit r before the improvement or repair is started or, if the tructure has been damagedis being stored, before the damage occurred. Forth purposes of this definition, sutial improve ent is considered to occur when the first all tion of any wall, ceiling, floor or structural of the building commences, whether r not that alteration affects the exl dimensions of a structure. The tern does not, how er, include any project for improvef a structure to ply with existing violations f state or local health, sanitary or safde specifications w 'ch are solely necessarytoas re safe conditions for the existing use.erm also does not inc de an B. A addition which increases the original floor area of a building by twenty five percent 5%) r more. All additions constructed after May 2, 1977, shall be added to any proposed idit' n in determining whether the total increase in original floor space would exceed twenty r ercent(25%). (Qpd 10 441n 11 16 20" Section II. Re eala . All ordinances and parts of ordinances in conflict the provision of this Ordinance are hereby pealed. Section III. Severabilitv. If y section, provision or part of the Ord nce shall be adjudged to be invalid or unconstitutional, s h adjudication shall not affect th alidity of the Ordinance as a whole or any section, provision r part thereof no adjudged in id or unconstitutional. Section IV. Effective Date. This Ordinance shall be in publication, as provided by law. Passed and approved this day of Mayor city its final passage, approval, and 2025. Q5 Office s m V �x o w Item #10.a STAFF PRESENTATION TO FOLLOW: � r m �t..s._ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240- 1 826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org Plannin g & Zonin g Agenda Items OCTOBER 7, 2025 Item 10.a.: Zoning Code Amendment Floodplain Management Standards (REZ25-0013) Ordinance amending Title 14, Zoning, related to the City's Floodplain Management Standard to ensure the community's continued participation and eligibility in the National Flood Insurance Program (NFIP). (First Consideration) Purpose Iowa City needs to remain a participating community in the National Flood Insurance Program (NFIP) to receive flood insurance Adopts new Flood Insurance Rate Maps (FIRMS) and Flood Insurance Study (FIS) 2. Aligns local ordinance with National Flood Insurance Program (NFIP) standards to ensure continued program compliance Iowa City joined the National Flood Insurance Program Background Preliminary map released Effective Flood Insurance Rate Map (currently used) FEMA notified City and provided materials Revised preliminary map released Flood Insurance Rate Map becomes effective & adopted by community Effective FIRM vs. Pending Preliminary February 16, 2007 FIRM December 26, 2025 Higher Standards = Safety + Discounts Elevation and freeboard Residential structures must be elevated 1' above Base Flood Elevation (BFE) Regulation of the 500-Year Floodplain The City regulates the 0.2% annual chance flood area Substantial damage/improvement Triggers compliance if... Costs exceeds 50% of market value Original floor area increases by 25% Protection of Critical Facilities Class 1 Critical Facilities not allowed in flood hazard area Enclosure design requirements Venting and elevation requirements for enclosures below BFE Dry-floodproofing Certification required and plan of action to ensure compliance Proposed Amendments FCategory Current Standards Definitions Based on 2010 ordinance language. Development in General "development" definition with Floodplain limited examples. Accessory Structures Enforcement & Violations Floodway & Encroachment No clear standards. General enforcement language Limited "no -rise" clarity. Proposed Amendments Align with FEMA & IA DNR terminology. Add/clarify terms. Clarify development activities (grading, fill, utilities). Refine substantial damage/improvement criteria. Establish criteria for detached structures in flood hazard areas, including floodproofing or elevation. Clarify violation handling per FEMA/local expectations. Require certified "no -rise" analysis from a licensed engineer for any floodway development. Elevation Standards Residential structures must be 1 ft above Reaffirm this; clarify venting, anchoring, and 0.2% flood elevation. Istructural compliance for new or improved buildings. Permit Process Existing permit process lacks detail. Formalize documentation (elevation certifications, cost estimates) and compliance steps. Variance Criteria References general zoning language. Add flood -specific variance criteria and clear code references. Planning & Zoning Commission Recommendation The Planning & Zoning Commission 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. PRESENTATION CONCLUDED I r I CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240- 1 826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org