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HomeMy WebLinkAbout2025-10-21 OrdinanceItem Number: 7.a. CITY OF IOWA CITY COUNCIL ACTION REPORT October 21, 2025 Motion setting a public hearing for November 18, 2025, on an Ordinance to re-establish the Iowa City Downtown Self -Supported Municipal Improvement District for a period of ten years in accordance with Iowa Code Chapter 386. Prepared By: Rachel Kilburg Varley, Economic Development Coordinator Reviewed By: Sue Dulek, First Assistant City Attorney Geoff Fruin, City Manager Fiscal Impact: None Staff Recommendation: Approval Commission Recommendations: At the October 15, 2025 Planning and Zoning Commission meeting, P&Z determined that the Petition meets the requirements of Iowa Code Chapter 386, that the operational activities of the proposed District are appropriate in relation to existing laws, plans, and policies, and that the means to implement the proposed activities appear reasonably calculated to accomplish the proposed objectives. Attachments: ICDD SSMID 2025 Petition Notice of Public Hearing - ICDD SSMID Renewal 2025 Executive Summary: On September 12, 2025, a petition for the re-establishment of the Iowa City Downtown Self Supported Municipal Improvement District (SSMID) for ten (10) years was filed with the City Clerk. The petition contains signatures of at least 25% of the property owners representing at least 25% of the assessed valuation in the proposed district as required by state law. The Petition requests reauthorization including expansion of the geographic boundaries of the district and establishment of a SSMID levy rate of $2.50/$1,000 taxable value for 7 years with the option to increase the rate by $0.25 in 2033 with Council approval and if deemed necessary by the SSMID Board of Directors. Pursuant to State Code, the Planning and Zoning Commission has reviewed the Petition for its merit and feasibility and has prepared an Evaluative Report regarding the proposed district. The next step is to set and post notice of a public hearing to consider an Ordinance re-establishing the Iowa City Downtown Self -Supported Municipal Improvement District for a period of ten years in accordance with Iowa Code Chapter 386. This motion sets the public hearing for November 18, 2025. Background / Analysis: Downtown Iowa City has had an active business association since the turn of the 19th century after the founding of Iowa City in 1839, becoming the territorial capital in 1841, and the official state capital in 1846. After more than a century of growth, the business association rebranded in 2012 as the Iowa City Downtown District by a successful petition to property owners to generate tax revenue through a Self Supported Municipal Improvement District (SSMID) to enhance Downtown. The Iowa City Downtown District SSMID was first established on December 6, 2011 by Ord. 11-4460 for a period of four years at a levy rate of $2 per $1,000 of taxable value. On December 15, 2015, the SSMID was approved for an additional 10 years (expiring June 30, 2026) with expanded boundaries at a levy rate of $2 per $1,000 of taxable value for the first five years and $2.50 per $1,000 of taxable value for the remaining five years. This recent petition for reauthorization, filed on September 12, 2025, seeks reauthorization for an additional 10 years (expiring June 30, 2036) at a SSMID levy rate of $2.50/$1,000 taxable value for 7 years with the option to increase the rate by $0.25 in 2033 with Council approval and if deemed necessary by the SSMID Board of Directors. The Iowa City Downtown District (ICDD) is the organization responsible for overseeing the SSMID. Currently, SSMID revenue accounts for approximately 45% of all ICDD revenue. Activities and spending by ICDD is oversaw by a Board of Directors representing the District members and stakeholders, including an ex-officio seat for the City of Iowa City. The ICDD's mission is to champion a thriving downtown economy, fostering a vibrant community and welcoming experiences for all. In pursuit of that mission, the ICDD advocates for the District mission and serves as a mechanism to more efficiently implement District -wide marketing, programs, events, and projects that support vitality for the benefit of all the businesses within it, the University of Iowa, community members, and the region at large. Iowa Code Chapter 386 governs the establishment and renewal of Self -Supported Municipal Improvement Districts and the following is a documentation of the process followed: 1. ICDD filed the Petition on September 12, 2025. Staff reviewed the Petition to verify it contained signatures of at least 25% of the property owners representing at least 25% of the assessed valuation in the proposed district as required by state law, and recommended City Council refer the Petition to the Planning and Zoning Commission (P&Z). 2. City Council referred the Petition to P&Z at the October 7 City Council Meeting. At its October 15 meeting, P&Z reviewed the Petition for its merit and feasibility, prepared an Evaluative Report regarding the proposed SSMID, and forwarded such report to the City Council for their further consideration of the Downtown Iowa City SSMID. 3. The next step is for City Council to set a public hearing for the Ordinance to establish the proposed district, which this agenda item accomplishes. The public hearing notice must be published and a copy of such notice must be sent by certified mail to each property owner affected not less than 15 days before the public hearing. 4. Then, the public hearing is held no less than 15 days between setting the public hearing and holding the public hearing. 5. Finally, three readings of the Ordinance are required to establish the proposed district (final adoption cannot occur earlier than 30 days after the public hearing). Final adoption of the Ordinance will require a 3/4 vote or 6 votes, and if a challenge by a certain amount of owners is made, then a unanimous vote. Staff recommends that City Council approve this agenda item, setting the public hearing for November 18, 2025. PETITION To establish a Self -Supported Municipal Improvement District (SSMID) pursuant to Chapter 386 of the Code of Iowa continuing under the established name of the "Iowa City Downtown Self -Supported Municipal Improvement District" and establish its operating terms for the term of this ordinance; We, the undersigned, being owners of the property within the SSMID, hereby petition the City Council of Iowa City, Iowa, pursuant to the provisions of Chapter 386 of the Code of Iowa (the "Act") as follows: 1. To establish by ordinance a Self -Supported Municipal Improvement District in Iowa City, Johnson County, Iowa: a. The name of which shall be the "Iowa City Downtown Self -Supported Municipal Improvement District" (also known as the "Iowa City Downtown District" and herein referred to as the "District"). b. A description of the boundaries and a map of the District is attached hereto as Exhibit A showing the updated District boundaries. c. The purposes of which shall be the undertaking of actions and the performance of administration, redevelopment, and revitalization of the District, as authorized by the Act, any and all of which actions and improvements are intended to benefit the property, businesses, and residents within the District, including, but not limited to activities that expand the mix of businesses, increase consumer traffic, improve cleanliness and safety, enhance urban design, beautification, lighting, and the Downtown landscape in general. 2. To establish a Self -Supported Municipal Improvement District through the petition process for ten (10) years, commencing on July 1, 2026, and ending June 30, 2036. 3. To establish a self -supported improvement district operation fund for the District and levy an annual tax (the "Operation Tax") upon property defined in Iowa Code-§386.8, commencing on July 1, 2026, as follows: tsa a. For the period of July 1, 2026, through June 30, 2033, the maximum Ivy rate shall not exceed two dollars and fifty cents ($2.50) per one tMotrsarld3dollars ($1,000) taxable value. b. For the period of July 1, 2033, through June 30, 2036, the ma1X1mum jvy rate shall not exceed two dollars and seventy-five cents ($2.75) per one thousand dollars ($1,000) taxable value. c. It is the intent of this Petition that the operation taxes levied and collected on behalf of the District shall be expended for new, additional, or enhanced services within the District for the Iowa City Downtown District, and that the City shall not diminish the type and extent of current governmental services provided in boundaries of the district. d. This Petition does not request any levy for a Debt or Capital Fund. 4. To annually allocate all amounts collected in the Operation Fund for one or more of the following purposes at such times and under such conditions as shall be recommended by budget to the City Council by the Iowa City Downtown District Board of Directors as described in Item 5 below: a. Services, including but not limited to, development and management of activities in support of business retention and attraction, marketing, advertising, business support services, establishment and promotion of special events, festivals, and activities, and a contingency reserve fund for extraordinary expenses. b. Physical or other improvements designed to enhance the image and appearance of the District, including, but not limited to enhanced cleaning, lighting Improvements, decorative enhancements, signage and campaign banners, landscaping, and public or private art. c. To employ an Executive Director and staff who shall work for the Board of Directors to manage the work of the Iowa City Downtown District and to fulfill the intent of this Petition and Ordinance establishing the Self -Supporting Municipal Improvement District. 5. It is the intent of this Petition that the City of Iowa City enter into an operating agreement with the Iowa City Downtown District Board of Directors (hereinafter referred to as the "Board"). All SSMID levy monies shall be appropriated to the Board for the management and operation of the District. From time to time, the City of Iowa City may provide additional revenue to the Board for the purposes of the management and operation of the District. 10 a. The Board shall remain as a 501 (c)(6) non-profit organiza#ion with composition of up to 24 members on its Board -of DirepTgrs wit[Ir bylaws and organizational documents that are in compliance with state and federal law. There shall be an Advisory Board for the District and the Advisory Board shall report, as required, to the City Council of Iowa City as requested, and no less than annually for budgetary approval. b. The Advisory Board contemplated in a future operating agreement with the City is made up of the Downtown District Board President, Vice -President, Treasurer, Secretary, and Past -President. Any board seats designated by an assessed value or square footage requirement shall be determined based on the assessed value or square footage as of that tax year. Nonvoting board membership may consist of stakeholders of the district, including other community and economic development organizations, nonprofit service providers, and municipal representatives. 6. The District is located within the boundaries of Tax Increment Finance (TIF) Districts which have been created by the City. Notwithstanding that fact, it is the intent of this Petition that the City shall reimburse the District for any SSMID levy captured against TIF properties within the District. To accomplish this, it is the intent of this Petition that an amount of funds which would have been derived from the annual SSMID levy of the Operation Tax against TIF properties within the District, if the District were not located within such TIF Districts, shall be made available annually for the services, improvements, and activities set out in this Petition., and that the City should take all actions necessary to accomplish this purpose, including, if necessary, allocation to these services, improvements and activities of a portion of the incremental property taxes which are attributable to properties within the District. These allocations may be from the SSMID levy or other sources. It is the intent of this Petition that nothing in this paragraph prevents both the District and City to agree that all or portion of the SSMID levy captured against TIF properties within the District shall be maintained by the City and not reimbursed to the District for the benefit of both parties. 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'. l 1mica [7 iOC 36 JEFFERSON ST AIFK- CHURCH PARK _" SQUARE IOWA AVE AVE I1 1 IR �I,y G1E i A 3 I 1 1 L1 JiL CO p 4 R3� I7��16f IIEES6 iA BLOCK 17 PROPOSED SSMID AREA (2025) BEGINNING AT THE WEST RIGHT-OF-WAY LINE OF GILBERT STREET WHERE IT INTERSECTS THE SOUTH LINE OF THE PLATTED EAST -WEST ALLEY IN BLOCK 57, ORIGINAL TOWN OF IOWA CITY, IOWA, THENCE WEST ALONG THE SOUTH LINE OF SAID PLATTED ALLEY AND ITS WESTERLY EXTENSION TO ITS INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF LINN STREET; THENCE SOUTH ALONG THE WEST RIGHT-OF-WAY LINE OF SAID LINN STREET AND ITS SOUTHERLY EXTENSION TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF BLOOMINGTON STREET; THENCE WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF BLOOMINGTON STREET TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL 2012099 AS RECORDED IN PLAT BOOK 57 AT PAGE 120 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SOUTHERLY, ALONG THE WESTERLY LINE OF SAID AUDITOR'S PARCEL 2012099, TO THE SOUTHWEST CORNER OF SAID AUDITOR'S PARCEL 2012099, AND A POINT ON THE NORTH LINE OF THE PLATTED EAST -WEST ALLEY IN BLOCK 68, ORIGINAL TOWN OF IOWA CITY; THENCE WEST ALONG SAID NORTH LINE OF THE PLATTED EAST -WEST ALLEY IN BLOCK 68, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF DUBUQUE STREET; THENCE SOUTH ALONG THE EAST RIGHT-OF-WAY LINE OF DUBUQUE STREET TO ITS INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF MARKET STREET; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF MARKET STREET TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CLINTON STREET; THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE OF CLINTON STREET TO ITS INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF WASHINGTON STREET; THENCE WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF WASHINGTON STREET TO ITS INTERSECTION WITH THE NORTHERLY EXTENSION OF THE EAST RIGHT-OF-WAY LINE OF CAPITOL STREET; THENCE SOUTH ALONG SAID NORTHERLY EXTENSION, AND SAID EAST RIGHT-OF-WAY LINE OF CAPITOL STREET TO ITS INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF BURLINGTON STREET; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF BURLINGTON STREET TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF MADISON STREET; THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE OF MADISON STREET TO THE NORTHWEST CORNER OF THE SOUTH 75 FEET OF LOT 6, OF BLOCK 93, ORIGINAL TOWN OF IOWA CITY; THENCE EAST ALONG THE NORTH LINE OF SAID SOUTH 75 FEET OF LOT 6, BLOCK 93, TO ITS INTERSECTION WITH THE WEST LINE OF THE PLATTED NORTH -SOUTH ALLEY IN BLOCK 93, ORIGINAL TOWN OF IOWA CITY; THENCE SOUTH ALONG SAID WEST LINE OF THE PLATTED NORTH -SOUTH ALLEY IN BLOCK 93, TO ITS INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF COURT STREET; THENCE EAST ALONG SAID NORTH RIGHT-OF-WAY LINE OF COURT STREET TO ITS INTERSECTION WITH THE NORTHERLY EXTENSION OF THE EAST RIGHT-OF-WAY LINE OF CAPITOL STREET; THENCE SOUTH ALONG SAID NORTHERLY EXTENSION AND THE EAST RIGHT-OF-WAY LINE OF CAPITOL STREET TO ITS INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF THE IOWA INTERSTATE RAILROAD; w THENCE EAST ALONG SAID NORTH RIGHT-OF-WAY LINE OF THE IOWA INTERSTATE RAILROAD TO ITS lki"F,RSECIijo"N WITH THE WEST RIGHT-OF-WAY LINE OF GILBERT STREET; l� THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE OF GILBERT STREET TO ITS INTERSECT[OA��[TH Tjf WESTERLY EXTENSION OF THE SOUTH RIGHT-OF-WAY LINE OF BOWERY STREET; - 1.�3 THENCE EAST ALONG SAID WESTERLY EXTENSION AND SOUTH RIGHT-OF-WAY LINE OF BOWERY STREET TO ITS INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE EAST LINE OF THE PLATTED NORTH SOUTH ALLEY IN BLOCK 1 OF LYON'S I"' ADDITION; THENCE NORTH ALONG SAID SOUTHERLY PROJECTION, EAST LINE OF SAID PLATTED NORTH SOUTH ALLEY AND THE EAST LINE OF THE NORTH SOUTH PLATTED ALLEY IN BLOCK 1 OF BERRYHILL & PIERCE ADDITION TO ITS INTERSECTION WITH THE SOUTH LINE OF THE PARCEL OF LAND, AS DESCRIBED IN BOOK 4771 AT PAGES 112-116 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE: THENCE NORTHERLY ALONG SAID SOUTH LINE OF SAID DESCRIBED PARCEL_ THENCE EAST ALONG SAID SOUTH LINE OF SAID DESCRIBED PARCEL TO ITS INTERSECTION WITH THE WEST RIGHT-OF- WAY LINE OF VAN BUREN STREET: THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE OF VAN BUREN STREET, TO ITS INTERSECTION WITH THE WESTERLY EXTENSION OF THE NORTH RIGHT-OF-WAY LINE OF COLLEGE STREET. THENCE EAST ALONG SAID WESTERLY EXTENSION AND THE NORTH RIGHT-OF-WAY LINE OF COLLEGE STREET TO THE SOUTHWEST CORNER OF THE EAST 2.42 FEET OF THE SOUTH 75 FEET OF LOT 7, OF BLOCK 41, ORIGINAL TOWN OF IOWA CITY; THENCE NORTH ALONG THE WEST LINE OF SAID EAST 2.42 FEET OF THE SOUTH 75 FEET OF LOT 7, OF BLOCK 41, TO THE NORTHWEST CORNER OF SAID EAST 2.42 FEET OF THE SOUTH 75 FEET OF LOT 7, OF BLOCK 41; THENCE EAST ALONG THE NORTH LINE OF SAID EAST 2.42 FEET OF THE SOUTH 75 FEET OF LOT 7, OF BLOCK 41, TO THE SOUTHWEST CORNER OF THE NORTH 75 FEET OF LOT 8, BLOCK 41, ORIGINAL TOWN OF IOWA CITY; THENCE NORTH ALONG THE WEST LINE OF SAID NORTH 75 FEET OF LOT 8, BLOCK 41, AND NORTHERLY EXTENSION OF SAID WEST LINE, TO THE SOUTHWEST CORNER OF LOT 1 OF SAID BLOCK 41, ORIGINAL TOWN OF IOWA CITY; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 1, BLOCK 41, AND THE NORTHERLY EXTENSION OF SAID WEST LINE, TO THE SOUTHWEST CORNER OF LOT 8, OF BLOCK 40, ORIGINAL TOWN OF IOWA CITY; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 8, BLOCK 40, AND THE NORTHERLY EXTENSION OF SAID WEST LINE, TO ITS INTERSECTION WITH THE NORTH LINE OF THE PLATTED EAST -WEST ALLEY IN SAID BLOCK 40; THENCE WEST ALONG SAID NORTH LINE OF THE PLATTED EAST -WEST ALLEY, TO ITS INTERSECTION WITH THE NORTHERLY LINE OF THE FORMER CHICAGO, ROCK ISLAND, & PACIFIC RAILWAY COMPANY RIGHT-OF-WAY; THENCE NORTHEASTERLY ALONG SAID NORTHERLY LINE OF THE FORMER CHICAGO, ROCK ISLAND, & PACIFIC RAILWAY COMPANY RIGHT-OF-WAY, TO ITS INTERSECTION WITH THE WEST LINE OF LOT 1, BLOCK 40, ORIGINAL TOWN OF IOWA CITY; THENCE NORTH ALONG SAID WEST LINE OF LOT 1, BLOCK 40, AND THE NORTHERLY EXTENSION OF SAID WEST LINE, TO THE SOUTHWEST CORNER OF LOT 8, BLOCK 39, ORIGINAL TOWN OF IOWA CITY; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 8, BLOCK 39, TO THE NORTHWEST CORNER OF SAID LOT 8, BLOCK 39; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 8, BLOCK 39, AND ITS EASTERLY EXTENSION, TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF JOHNSON STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY OF JOHNSON STREET TO ITS INTERSECTION WITH THE SOUTH RIGHT- OF-WAY LINE OF MARKET STREET; THENCE EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF MARKET STREET, TO ITS INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF DODGE STREET;a �a THENCE NORTH ALONG SAID W f s- RIGHT-OF-WAY LINE OF DODGE STREET TO ITS INTERSECTIObt'W1TH'i `MLICH RIGHT-OF-WAY LINE OF BLOOMINGTON STREET; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF BLOOMINGTON STREET TO ITS INTERS? CTjON pal H THE WEST RIGHT-OF-WAY LINE OF JOHNSON STREET; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE OF JOHNSON STREET TO ITS INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF BLOOMINGTON STREET; THENCE WEST ALONG SAID NORTH RIGHT-OF-WAY LINE OF BLOOMINGTON STREET, TO THE SOUTHEAST CORNER OF THE WEST HALF OF LOT 6, BLOCK 37, ORIGINAL TOWN OF IOWA CITY: THENCE NORTH ALONG THE EAST LINE OF SAID WEST HALF OF LOT 6, BLOCK 37, TO ITS INTERSECTION WITH THE SOUTH LINE OF THE PLATTED EAST -WEST ALLEY, IN SAID BLOCK 37; THENCE WEST ALONG SAID SOUTH LINE OF THE PLATED EAST WEST ALLEY OF SAID BLOCK 37, THE WESTERLY PROJECTION THEREOF, THE SOUTH LINE OF THE PLATTED EAST WEST ALLEY IN BLOCK 48, ORIGINAL TOWN OF IOWA CITY, AND THE WESTERLY PROJECTION THEREOF TO THE POINT OF BEGINNING. PREPARED BY MMS CONSULTANTS, INC. PROJECT 11195-002 06-09-2025 ry �4 L ra Grl Notice of Public Hearing NOTICE OF PUBLIC HEARING BY CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, TO CONSIDER A PETITION TO RE- ESTABLISH A SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT WITHIN THE CITY OF IOWA CITY, IOWA The City Council of the City of Iowa City, Iowa will hold a public hearing at its meeting on November 18, 2025 which commences at 6:00 P.M. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk to consider establishment of a Self -Supported Municipal Improvement District within the city limits. Pursuant to Chapter 386 of the Code of Iowa, herein "Act," a Petition has been filed with the City Council requesting that the City re-establish a Self -Supported Municipal Improvement District (SSMID) as contemplated by Chapter 386 of the Code. This Petition requests that the current SSMID established by Ordinance of the City Council in 2015 be extended for a period of ten (10) years with an expanded area and sets forth maximum tax rates to be imposed and levied on property within the District. The name of the proposed District shall be the "Iowa City Downtown Self -Supported Municipal Improvement District." The District is overseen by, and commonly known as, the Iowa City Downtown District (ICDD). The legal description of the property to be included in the proposed Iowa City Downtown SS I D is set forth below: BEGINNING AT THE WEST RIGHT-OF-WAY LINE OF GILBERT STREET WHERE IT INTERSECTS THE SOUTH LINE OF THE PLATTED EAST -WEST ALLEY IN BLOCK 57, ORIGINAL TOWN OF IOWA CITY, IOWA; THENCE WEST ALONG THE SOUTH LINE OF SAID PLATTED ALLEYAND ITS WESTERLY EXTENSION TO ITS INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF LINN STREET; THENCE SOUTH ALONG THE WEST RIGHT-OF-WAY LINE OF SAID LINN STREET AND ITS SOUTHERLY EXTENSION TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF BLOOMINGTON STREET; THENCE WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF BLOOMINGTON STREET TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL 2012099 AS RECORDED IN PLAT BOOK 57 AT PAGE 120 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SOUTHERLY, ALONG THE WESTERLY LINE OF SAID AUDITOR'S PARCEL 2012099, TO THE SOUTHWEST CORNER OF SAID AUDITOR'S PARCEL 2012099, AND A POINT ON THE NORTH LINE OF THE PLATTED EAST -WEST ALLEY IN BLOCK 68, ORIGINAL TOWN OF IOWA CITY - THENCE WEST ALONG SAID NORTH LINE OF THE PLATTED EAST -WEST ALLEY IN BLOCK 68, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF DUBUQUE STREET; THENCE SOUTH ALONG THE EAST RIGHT-OF-WAY LINE OF DUBUQUE STREET TO ITS INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF MARKET STREET; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF MARKET STREET TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CLINTON STREET; THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE OF CLINTON STREET TO ITS INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF WASHINGTON STREET; THENCE WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF WASHINGTON STREET TO ITS INTERSECTION WITH THE NORTHERLY EXTENSION OF THE EAST RIGHT-OF- WAY LINE OF CAPITOL STREET, THENCE SOUTH ALONG SAID NORTHERLY EXTENSION, AND SAID EAST RIGHT-OF- WAY LINE OF CAPITOL STREET TO ITS INTERSECTION WITH THE SOUTH RIGHT-OF- WAY LINE OF BURLINGTON STREET, THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF BURLINGTON STREET TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF MADISON STREET, - THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE OF MADISON STREET TO THE NORTHWEST CORNER OF THE SOUTH 75 FEET OF LOT 6, OF BLOCK 93, ORIGINAL TOWN OF IOWA CITY - THENCE EAST ALONG THE NORTH LINE OF SAID SOUTH 75 FEET OF LOT 6, BLOCK 93, TO ITS INTERSECTION WITH THE WEST LINE OF THE PLATTED NORTH -SOUTH ALLEY IN BLOCK 93, ORIGINAL TOWN OF IOWA CITY; THENCE SOUTH ALONG SAID WEST LINE OF THE PLATTED NORTH -SOUTH ALLEY IN BLOCK 93, TO ITS INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF COURT STREET, - THENCE EAST ALONG SAID NORTH RIGHT-OF-WAY LINE OF COURT STREET TO ITS INTERSECTION WITH THE NORTHERLY EXTENSION OF THE EAST RIGHT-OF-WAY LINE OF CAPITOL STREET; THENCE SOUTH ALONG SAID NORTHERLY EXTENSION AND THE EAST RIGHT-OF- WAY LINE OF CAPITOL STREET TO ITS INTERSECTION WITH THE NORTH RIGHT-OF- WAY LINE OF THE IOWA INTERSTATE RAILROAD; THENCE EAST ALONG SAID NORTH RIGHT-OF-WAY LINE OF THE IOWA INTERSTATE RAILROAD TO ITS INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF GILBERT STREET; THENCE NORTHERLYALONG SAID WEST RIGHT-OF-WAY LINE OF GILBERT STREET TO ITS INTERSECTION WITH THE WESTERLY EXTENSION OF THE SOUTH RIGHT- OF-WAY LINE OF BOWERY STREET, - THENCE EAST ALONG SAID WESTERLY EXTENSION AND SOUTH RIGHT-OF-WAY LINE OF BOWERY STREET TO ITS INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE EAST LINE OF THE PLATTED NORTH SOUTH ALLEY IN BLOCK 1 OF LYON'S 1ST ADDITION; THENCE NORTH ALONG SAID SOUTHERLY PROJECTION, EAST LINE OF SAID PLATTED NORTH SOUTH ALLEYAND THE EAST LINE OF THE NORTH SOUTH PLATTED ALLEY IN BLOCK 1 OF BERRYHILL & PIERCE ADDITION TO ITS INTERSECTION WITH THE SOUTH LINE OF THE PARCEL OF LAND, AS DESCRIBED IN BOOK 4771 AT PAGES 112-116 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE NORTHERLYALONG SAID SOUTH LINE OF SAID DESCRIBED PARCEL; THENCE EAST ALONG SAID SOUTH LINE OF SAID DESCRIBED PARCEL TO ITS INTERSECTION WITH THE WEST RIGHT -OF- WAY LINE OF VAN BUREN STREET, - THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE OF VAN BUREN STREET, TO ITS INTERSECTION WITH THE WESTERLY EXTENSION OF THE NORTH RIGHT-OF- WAY LINE OF COLLEGE STREET. THENCE EAST ALONG SAID WESTERLY EXTENSION AND THE NORTH RIGHT-OF- WAY LINE OF COLLEGE STREET TO THE SOUTHWEST CORNER OF THE EAST 2.42 FEET OF THE SOUTH 75 FEET OF LOT 7, OF BLOCK 41, ORIGINAL TOWN OF IOWA CITY; THENCE NORTH ALONG THE WEST LINE OF SAID EAST 2.42 FEET OF THE SOUTH 75 FEET OF LOT 7, OF BLOCK 41, TO THE NORTHWEST CORNER OF SAID EAST 2.42 FEET OF THE SOUTH 75 FEET OF LOT 7, OF BLOCK 41; THENCE EAST ALONG THE NORTH LINE OF SAID EAST 2.42 FEET OF THE SOUTH 75 FEET OF LOT 7, OF BLOCK 41, TO THE SOUTHWEST CORNER OF THE NORTH 75 FEET OF LOT 8, BLOCK 41, ORIGINAL TOWN OF IOWA CITY; THENCE NORTH ALONG THE WEST LINE OF SAID NORTH 75 FEET OF LOT 8, BLOCK 41, AND NORTHERLY EXTENSION OF SAID WEST LINE, TO THE SOUTHWEST CORNER OF LOT 1 OF SAID BLOCK 41, ORIGINAL TOWN OF IOWA CITY; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 1, BLOCK 41, AND THE NOR THERL Y EXTENSION OF SAID WEST LINE, TO THE SOUTHWEST CORNER OF LOT 8, OF BLOCK 40, ORIGINAL TOWN OF IOWA CITY; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 8, BLOCK 40, AND THE NOR THERL Y EXTENSION OF SAID WEST LINE, TO ITS INTERSECTION WITH THE NORTH LINE OF THE PLATTED EAST -WEST ALLEY IN SAID BLOCK 40; THENCE WEST ALONG SAID NORTH LINE OF THE PLATTED EAST -WEST ALLEY, TO ITS INTERSECTION WITH THE NORTHERLY LINE OF THE FORMER CHICAGO, ROCK ISLAND, & PACIFIC RAILWAY COMPANY RIGHT-OF-WAY, THENCE NORTHEASTERLY ALONG SAID NORTHERLY LINE OF THE FORMER CHICAGO, ROCK ISLAND, & PACIFIC RAILWAY COMPANY RIGHT-OF-WAY, TO ITS INTERSECTION WITH THE WEST LINE OF LOT 1, BLOCK 40, ORIGINAL TOWN OF IOWA CITY; THENCE NORTH ALONG SAID WEST LINE OF LOT 1, BLOCK 40, AND THE NORTHERLY EXTENSION OF SAID WEST LINE, TO THE SOUTHWEST CORNER OF LOT 8, BLOCK 39, ORIGINAL TOWN OF IOWA CITY, - THENCE NORTH ALONG THE WEST LINE OF SAID LOT 8, BLOCK 39, TO THE NORTHWEST CORNER OF SAID LOT 8, BLOCK 39; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 8, BLOCK 39, AND ITS EASTERLY EXTENSION, TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF JOHNSON STREET, THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY OF JOHNSON STREET TO ITS INTERSECTION WITH THE SOUTH RIGHT- OF -WAY LINE OF MARKET STREET; THENCE EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF MARKET STREET, TO ITS INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF DODGE STREET; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE OF DODGE STREET TO ITS INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF BLOOMINGTON STREET; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF BLOOMINGTON STREET TO ITS INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF JOHNSON STREET; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE OF JOHNSON STREET TO ITS INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF BLOOMINGTON STREET; THENCE WEST ALONG SAID NORTH RIGHT-OF-WAY LINE OF BLOOMINGTON STREET, TO THE SOUTHEAST CORNER OF THE WEST HALF OF LOT 6, BLOCK 37, ORIGINAL TOWN OF IOWA CITY - THENCE NORTH ALONG THE EAST LINE OF SAID WEST HALF OF LOT 6, BLOCK 37, TO ITS INTERSECTION WITH THE SOUTH LINE OF THE PLATTED EAST -WEST ALLEY, IN SAID BLOCK 37; THENCE WEST ALONG SAID SOUTH LINE OF THE PLATED EAST WEST ALLEY OF SAID BLOCK 37, THE WESTERLY PROJECTION THEREOF, THE SOUTH LINE OF THE PLATTED EAST WEST ALLEY IN BLOCK 48, ORIGINAL TOWN OF IOWA CITY, AND THE WESTERLY PROJECTION THEREOF TO THE POINT OF BEGINNING. The purposes of the proposed Iowa City Downtown SSMID shall be the undertaking of actions authorized by the Act and include development and management of activities in support of business retention and attraction, marketing, advertising, business support services, establishment and promotion of special events, festivals, and activities, making of physical or other improvements designed to enhance the image and appearance of the District, and the employment of an Executive Director and staff to manage the work of the District. The petition expresses the intent that the City will continue the type and extent of governmental services currently provided and that the work of the Iowa City Downtown SSMID will provide new and enhanced services. The maximum rate of tax which is requested to be imposed and to be levied annually against property in the District (excluding property assessed as residential property) shall not exceed a rate of two dollars and fifty cents ($2.50) per one thousand dollars ($1,000) taxable value for the period of July 1, 2026 through June 30, 2033; and a rate of two dollars and seventy five cents ($2.75) per one thousand dollars ($1,000) taxable value for the period of July 1, 2033 through June 30, 2036. The proposed levy is in addition to all other taxes and will be distributed to the operation fund established by the SSMID Ordinance. Copies of the Petition, proposed boundary map, and Ordinance are on file for public examination in the office of the City Clerk, City Hall, 410 E. Washington Street, Iowa City, Iowa. Any person or organization desired to be heard shall be afforded an opportunity to be heard at the public hearing. The City Clerk is hereby authorized and directed to publish notice of the public hearing in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. s/Kellie K. Grace City Clerk, Iowa City, Iowa Item Number: 10.a. a CITY OF IOWA CITY "QR T-4 COUNCIL ACTION REPORT October 21, 2025 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). (Second Consideration) Attachments: Final Memo with Attach ments_REZ25-0013 PZ 9.3.25 minutes Ordinance 4 CITY OF 1 O WA 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- Flood proofing 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 or 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: ,!>. sj+,'� 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- h;;Zard overt 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 gNatural f-Resources to obtain such data. 56. Elevation in relation to RatiGRal gee ver+i^-al d--at im North American Vertical Datum 1988) of the lowest floor, including basement, of 1961ildiRgG structures or of the level to which a building is to be floodproofed. . For bu+Idir g& structures being improved or rebuilt, the estimated cost of improvements and market value of the 196101diRg structure prior to the improvements. . Such other information as the ad-ministrater building official deems reasonably necessary for the purpose of determining compliance with the requirements of hapter 5, rticle 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 hapter 5, rticle 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 djustment according to the approval criteria for such variances set forth in sShapter 5, aArticle J of this title. 11.1a_0niM 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 rticle 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 rticle 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. (OFd. 19 4414, 14 46 20 14-5J-2: APPLICABILITY AND INTERPRETATION: A. Application Of Provisions: -he reg ilatinnsyVithin this artinle apply to all Ianrds identified m the "jOhirnrs-;A-n GA-1IRty, r� Iewa and innnrnrated- areasI {eed--nTsuriurnrce rate map",dated The njohnsen owa and ood study" onsuFanGe , ardm... orinrr floodplain management reg ilatieps 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, 19103C0l93F,19103C0l94F,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 buildinq 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. -14C. Minimum Requirements: The provisions of this aArticle are considered minimum requirements and will be liberally construed in favor of the @IGVeFRiR@I b City of Iowa City and will not be deemed a limitation or repeal of any other powers granted by the Mate s+a+ 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 rticle shall prevail. (Ord. 10 441411_16 244-04 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, eGode 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 epartment of atural r-Resources or its assignee. (Q,.1g-^^14, 11-16 204-04 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 rticle. B. If a structure that is not in compliance with the provisions of this rticle 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 rticle, provided such improvements do not constitute a substantial improvement as defined in sGhapter 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 GGhapter 4, rticle 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 rticle. 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. 4-3. Record and maintain a record of the elevation (in relation to North American Vertical Datum 1988) of the lowest floor including basement, of all new or substantially improved 1961ildiRgG structures or the elevation to which new or substantially improved structures have been floodproofed. Notify adjacent communities or counties and the Iowa 4Department of+4Natural -rResources, or its assignee, prior to any proposed alteration or relocation of a watercourse —and submit evidence of such notifications to the Federal Emergency Management Agency. Keep a record of all permits, appeals, variances and other such transactions and correspondence pertaining to the administration of this -aArticle. (QFd. 40 ^^44, 4 4 46 20 6. Submit to the Federal Insurance Administrator an annual report concerning the Iowa City's participation in the National Flood Insurance Program, utilizing the annual report form supplied by the Federal Insurance Administrator. 7. Notify the Federal Insurance Administrator of any annexations or modifications to the Iowa City's boundaries. 8. Maintain the accuracy of the Iowa City's Flood Insurance Rate Maps when: a. Development placed within the floodway results in any of the following: An increase in the base flood elevations, or 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 hapter 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 epartment of atural esources. 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, bu+id+;-g structure floor elevations, floodproofing or other flood protection measures were accomplished in compliance with the provisions of this rticle. Any use, arrangement or construction not in compliance with the uses authorized will be deemed a violation of this aArticle. (QFd. 10 4414, 11 16 20 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: peFfnrmanro s+andards: 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 (11 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+ri��es 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. . 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. Residential Buildings: 1. All new or substantially improved residential structures must have the lowest floor /YFiginal StFU tUFe and any Iatoral additiG 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. QF. Nonresidential and Mixed Use Buildings: 1. All new or substantially improved nonresidential 196101diRgS structures must have the lowest floor , 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. 2-3. When floodproofing is utilized, a professional engineer registered in the state &4C-4 must submit a Non -Residential Floodproofing Certificate, a Flood Emergency Operation Plan, and an Inspection and Maintenance Plan to be retained in the office of the building official. a. The Non -Residential Floodproofing Certificate shall certify that the floodproofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the flood hazard, and that the structure below the flood hazard elevation is watertight with walls substantially impermeable to the passage of water. Such certification must also indicate the specific elevation, in relation to North American Vertical Datum 1988, to which any structures are floodproofed. b. Components of the Flood Emergency Operating Plan (FEOP) will include procedural details when the floodproofinq requires human intervention such as the installation of flood pates 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. €'. 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, r��"� ° fl.eed 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 ' shall be constructed with electric meter, electrical service panel box, hot water heater, heating, air conditioning, ventilation equipment (including ductwork), and other similar machinery and equipment elevated (or in the case of non-residential structures, optionally floodproofed) to a minimum of one foot (1') above the flood hazard elevation. 4. New and substantially improved structures shall be constructed with plumbing, gas lines, water/gas meters and other similar service utilities either elevated (or in the case of non- residential structures, optionally floodproofed to) a minimum of one (1) foot above the base flood elevation or designed to be watertight and withstand inundation to such a level. — '. Manufactured Housing: 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 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. . 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. #J. 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. . 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 4Department of +4Natural -rResources or its assignee. 'RhibTtiRg Clnn ys ARGI rlrra-image FaviiTtieS: f�'R'836-9 Shall -#eGt the GaPaGity nr +ho,- ,Ir,iRage faGility „r C +o.v, 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. t4M. 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 ity ngineer. 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. . 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 (11 above the flood hazard elevation must be constructed of flood -resistant materials. 42. The structure is not used for human habitation. 2-3. The ctri ir++i ire is decionerl co ;c to h-ave loon, flood damage petep+ial. 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 pFe„en+ fletatir,n Whinh may Foci il+ in damage to r,+heF c+Fi ,r.+, wec 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 shell permit the ei ,teme+ir+ entry and exit of The structures 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. {9f4-. 10_441411_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, 61ses development within the floodway must meet the following applicable standards: A. No use development is permitted in the floodway that would increase the I ° . 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 4se 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 epartment of atural r-Resources 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. the f'eedvgay. (Ord10 4414, 11 16 2910) 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 oard of djustment may authorize, upon request, in specific cases, such variances from the terms of this rticle 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 rticle 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 hapter 4, rticle 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 +4Natural esources 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 rticle, 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 epartment of +RNatural r-Resources or its assignee. B. Factors For Consideration: When considering applications for variances, the t3Board of djustment 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 rticle. C. Conditions Of Approval: Upon consideration of the factors and approval criteria listed in this section, the -b_oard of _djustment 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 rticle. (Ord. 10-^^T1a16 Zz9�; 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 4Department of 44atural esources its assignee. (Ord. 10 441411-16 204-04 — 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 rticle does not imply that areas outside the regulated areas will be free from flooding or flood damages. This rticle does not imply that uses permitted within the regulated areas will be free from flooding or flood damages. This rticle 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-' I 14-9F-1: DEFINITIONS As used in hapter 5, rticle J, "Floodplain Management Standards", of this title, the following definitions shall apply. The general definitions contained in aArticle A of this hapter shall apply to all terms used in aGhapter 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 beinq 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. DeVe'Gnmon+ is nnncirA.-d +n nnmmonro With stage of eXGayatinn•0 nr the nlanomon4 of ; f;G--tGF / hi lilt hnmo nn a fe, inrla+inn. Development does not include "minor projects" or "routine maintenance of existing buildings and facilities" as defined in this section. It also does not include gardening, plowing, and similar practices that do not involve fillina or aradina. 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 W) 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 Chant,,. 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 th-at is s„aaed areas that are subject to flooding that are identified on the Flood Insurance Rate Map as 'W', "AE", GAF .,^^ the fleed- map., and "X-shaded". FLOOD HAZARD ELEVATION:;nAF=ZZe;as, the etcvat+ep A-f the 0.20fleed acs prof trK: +h^ fl^r.rJ �c ill is+ram+^lJ ^r +h^ fl^^lJ !Rs FaRG^ rate mars A. In zones labeled "AE" and "X-shaded", the elevation of the 0.2% annual chance flood event as provided by the Flood Insurance Study for Johnson County, Iowa. B. In zones labeled "A", the elevation of the 0.2% annual chance flood event as determined by the Iowa Department of Natural Resources. FLOOD INSURANCE RATE MAP (FIRM): The official map prepared as part of (but published separately from) the flood insurance study which delineates both the flood hazard areas and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY_LEIS ° st dy iRitiated f��„ded and p bliched hY+he forlo 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 Yeas, 0 in h-staRtiall„ higher freed tale%T 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 Flood Hazard Area that are located outside the floodway. HAZARDOUS MATERIALS: Combustible materials, and flammable liquids, and chemicals — whether stored aboveground or underground. These include but are not limited to cryogenic fuels, class I and class II liquids, liquified petroleum gas, and other substances regulated by the international fire code, as amended. HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE: Any structure that is: A. Listed individually in the National Register of Historic Places, maintained by the Department of Interior, or preliminarily determined by the Secretary of the Interior as meeting the requiremnts for individual listing on the National Register; B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or, D. Individually listed on a local inventory of historic places in communities with historic preservation programs (note Iowa City has such a program) that have been certified by either i) an approved state program as determined by the Secretary of the Interior (note State of Iowa has an approved program) or ii) directly by the Secretary of the Interior in states without approved programs. LOWEST FLOOR: The floor of the lowest enclosed area in a building structure, including a basement, except when all the fnnn,.,iRg Criteria are met: the criteria listed in the definition of Enclosed Area Below Lowest Floor are met. walls-GF GpeRiRgG that satisfy theprey+sie.ps er14 5 I 'E of thistitle;and damage mmage Pete iIYQTR.7G.�J, 66In4' as 161i aGGe SS, pariRg TsteFage; and rnn4�iALQd in Oho onnlncor! �ro� are Inr ;;UQd �4 lo�c4 nno fnn4 /'I '1 above the flnnd h�;z F eleyatiGR; aRG-1 0 o fleer ' gFa de AP .ill o ��s� a ��r ems- 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 GGhapter 5, rticle 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 begaR 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 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. RW41 I Q 41 R nnn W474RD 4RF=4• 4ro;;c of Special flnnrd ha-zards haViR r 6haIln'e4'e4.;4or o i 5 orminorJ 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, Al-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 acco cr market value ass oc4ahlished by an appraisal paid fnr ;4 4h9 A-VVRer'c eYPeRS nihir+hoior is nro+or, of the structure before the damage occurred. Volunteer labor and donated materials shall be included in the estimated cost of repair. SUBSTANTIAL IMPROVEMENT: Any improvement to a structure that satisfies either of the following criteria: A. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the assessed or market value as established by an appraisal paid for at the owner's expense, whichever is greater, of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing violations of state or local health, sanitary or safety code specifications which are solely necessary to assure safe conditions for the existing use. The term also does not include any alteration of an historic structure provided the alteration will not preclude the structure's designation as an "historic structure" and provided a Variance is granted by the Board of Adjustment. B. Any addition which increases the original floor area of a building by twenty five percent (25%) or more. All additions constructed after May 2, 1977, shall be added to any proposed addition in determining whether the total increase in original floor space would exceed twenty five percent (25%). (Ord. 10 4414, 11-1 6-20 VARIANCE: A grant of relief by a community from the terms of the floodplain management regulations. See Section 14-8C for the procedure to apply for a variance and Section 14-4B-2 for the standards to obtain a variance. VIOLATION: The failure of a structure or other development to be fully compliant with the City's floodplain management ordinance. ATTACHMENT 2 FEMA Formal Letter to the City of Iowa City :o'i,yART}ip V "=g Federal Emergency Management Agency Q •� Washington, D.C. 20472 -qxn s� CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable Bruce Teague Mayor, City oflowa City 410 East Washington Street Iowa City, IA 52240 Dear Mayor Teague: June 26, 2025 IN REPLY REFER TO: 19P Community Name Community No.: Map Panels Affected: City oflowa City, Jolmson County, Iowa 190171 See FIRM Index 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 (2019), provides some guidance on this subject and is available at https://www.fema.gov/emergency-managers/risk- management/building-sci ence/building-codes/flood. Communities that fail to enact the necessary floodplain management regulations will be suspended from participation in the NFIP and subj ect 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.msc.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 ofFEMA, 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 helpful 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 oflowa City MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION SEPTEMBER 3, 2025 —6:00 PM —FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: James Davies, Scott Quellhorst, Billie Townsend, Chad Wade MEMBERS ABSENT: Kaleb Beining, Maggie Elliott, Steve Miller STAFF PRESENT: Madison Conley, Liz Craig, Sue Dulek, Anne Russett OTHERS PRESENT: RECOMMENDATIONS TO COUNCIL: By a vote of 4-0 the Commission recommends Title 14 Zoning be amended, as illustrated in attachment one, 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. CALL TO ORDER: Quellhorst called the meeting to order at 6:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. ZONING CODE TEXT AMENDMENT ITEMS: CASE NO. REZ25-0013: Consideration of amendments to Title 14, Zoning related to the City's Floodplain Management Standards. Conley stated the purpose of this Zoning Code Amendment is to have Iowa City remain a participating community in the National Flood Insurance Program in order to receive flood insurance for the community. To maintain eligibility and compliance within this program, Iowa City needs to do two things, one, adopt the new Flood Insurance Rate Map and Flood Insurance Study provided by FEMA, and two, align the local ordinance to the National Flood Insurance Program standards to ensure continued program compliance. Conley noted the last time these standards were revised was back in 2010 according to ordinance number 10-44-14, and the proposed amendments brought forth tonight are geared towards Iowa City's Floodplain Management Standards, which is found in Title 14-5J of the zoning code. Conley noted some key terms for the Commission, first is the NFIP, the National Flood Insurance Program and what it means to be a participating community within the NFIP. The NFIP provides federally backed flood insurance to property owners and businesses. In exchange for flood insurance, participating communities like Iowa City must adopt and enforce minimum floodplain management regulations to reduce flood risk. The NFIP offers coverage for flood damage to homes, belongings and businesses, and it's managed by FEMA, the Federal Emergency Management Agency. The minimum standards can be found and defined in the Code of Federal Regulations. The next key term is the Flood Insurance Rate Map, known as FIRM. Once the current Flood Insurance Rate Map is adopted by a community that is used to determine the Planning and Zoning Commission September 3, 2025 Page 2 of 9 minimum flood plain management building code and flood insurance requirements under the National Flood Insurance Program. On the physical FIRM they are able to see the special flood hazard areas which entail approximate zones and the floodway is delineated on it. Flood lenders as well as certified floodplain managers utilize this FIRM as a tool to determine what structures may or may not be in a special flood hazard area and it helps determine insurance risk zones, provides the official data for flood hazard risk and influences decisions about flood insurance and construction regulations. Regarding background, Conley stated that in May 1977 Iowa City officially joined the National Flood Insurance Program, which allowed insurance for the community, specifically flood insurance and the first effective FIRM for the community. That FIRM was used all the way until February 16, 2007, at which time the current effective Flood Insurance Rate Map that is utilized today was created. In addition, all insurance lenders who are looking at flood insurance utilize this FIRM as well. Then in January 2020 FEMA, as well as the Iowa DNR who helps put together the information through different types of analyzes, released a preliminary Flood Insurance Rate Map and unfortunately there was some errors in that map so that pushed back the timeframe for the community adopting that FIRM as the new effective one. In April 2023 is when the Iowa DNR and FEMA released the revised preliminary FIRM and that FIRM went through an appeals period and comment period for about 90 days, and then after that was made final. Therefore, in June 2025 FEMA sent the City an official notice that the FIRM and Flood Insurance Study (FIS) are to become effective December 26, 2025 which signals staff that as a community they need to have these FIRMS and materials adopted by that date. Additionally, as a delegated community, Iowa City is responsible for locally enforcing and maintaining floodplain regulations. These proposed changes reflect FEMA and Iowa DNRs guidance and help ensure Iowa City continues to uphold and exceed minimum NFIP standards. Conley explained that exceeding minimum standards means not only as a community do they enforce the minimums that are set by the National Flood Insurance Program, they have chosen to adopt the higher standards to not only to help protect the community from flood risk and hazard but also because Iowa City is a part of a Community Rating System program. Conley explained a Community Rating System program is established by FEMA and basically it's a voluntary program that rewards communities with discounted flood insurance premiums for implementing floodplain management activities that go above and beyond the minimum requirements of the National Flood Insurance Program. Iowa City joined this program to receive discounts on National Flood Insurance Program premiums for residents by implementing advanced floodplain management activities that go above and beyond minimum requirements. Some of these requirements in Iowa City's ordinance include elevation and freeboard which means Iowa City as a community requires residential structures to be elevated at least one foot above the base flood elevation, above the minimum regulation of the 500 year flood plain, also known as the 0.2% annual chance flood hazard area. Iowa City regulates not only to the 100 year level, also known as the base flood and as the 1 % annual chance flood event but even further and regulate to the 500 year. Next is the substantial damage and substantial improvement which states that for any type of structure that has been damaged or is going through repairs there's a certain calculation that a certified floodplain manager utilizes to determine if this structure needs to kick in higher regulatory standards. For example, in Iowa City if there is a structure that exceeds the cost of 50% of the market value of the structure it would need to come into full compliance with what is Planning and Zoning Commission September 3, 2025 Page 3 of 9 in the floodplain management standards. Additionally, Iowa City also included an original floor area increase of 25% or more will require compliance. The next standard is the protection of critical facilities, this includes hospitals and jails. Iowa City has determined that Class 1 Critical Facilities are not allowed in flood hazard areas. Then there's enclosure design requirements, such as venting and elevation requirements for enclosures below the base flood elevation and lastly is dry-floodproofing. Conley explained dry-floodproofing is having a system in place to put barriers that protect the structure from water coming in. Iowa City requires not only to have a certification from a professional engineer, they also need to have a plan of action for when the flood actually does happen, to make sure there is a safety measure. Again, Conley noted these higher standards are utilized as a regulatory tool that gives Iowa City points in the Community Rating System. Conley stated that along with the higher standards, staff has a summary of the proposed amendments (Attachment 1) that was included in the agenda packet. First amendment is definitions, she noted a lot of the definitions in the current ordinance are based on 2010 ordinance language so the proposed amendments help align these terms with FEMA and Iowa DNR terminology and help add and clarify certain terms. Then there's development in the floodplain, currently they have a general development definition with limited examples and staff is proposing to clarify development activities, such as grading, fill, utilities and refine substantial damage and improvement criteria. For accessory structures Conley noted there are not many clear standards on this in the code floodplain section, so staff has established criteria for detached structures in flood hazard areas, which includes floodproofing or elevation. Enforcement and violations, the code features general enforcement language, but staff is proposing to clarify violation handling per FEMA and local expectations. Then for floodway and encroachment, Iowa City has a limited "no rise" requirement, which basically means they can't have any development in the floodway because that would increase the waters above the base flood elevation. That's the current minimum so staff is adding a requirement in the ordinance that a "no rise" analysis and certificate is required from a professional engineer for any development in the floodway. Next is the elevation standards, it is already determined that residential structures in Iowa City must be one foot above the 0.2% flood hazard area and staff is proposing to reaffirm this by clarifying venting, anchoring and structural compliance for new or improved buildings. Next is the permitting process and there is a permitting process that exists, but it lacks detail, so the staff proposal is to formalize documentation, such as elevation certificates, cost estimates and compliance steps. Then lastly is variance criteria. The current code references general zoning language, but this proposal adds flood specific variance criteria and a clear code reference, so it makes sure everything is consistent. Conley reiterated that Iowa City exceeds the minimum NFIP standards and are a part of the Community Rating System. She declared the Community Rating System has a total of 10 classes that communities participate in and these are based off a point scale. Each class then is determined by the amount of points a community receives as credit for floodplain management activities. There are four activity categories, such as public information, mapping and regulations, flood damage reduction, warning and response. The higher standards Iowa City has as a community continue to enforce allow the community to maintain a Class 6 ranking in the program, which provides the community members with a 20% discount on flood insurance. At Class level 10 they would not receive any discount and are just a participant in the Community Rating System program. Class 1, which is the most stringent class, receives a 45% discount. Planning and Zoning Commission September 3, 2025 Page 4 of 9 Additionally, the proposed amendments reflect collaboration between Iowa City as a delegated community and the Iowa Department of Natural Resources, which is the state agency responsible for reporting to FEMA that Iowa City, as a delegated community, is in compliance with the minimum requirements established by NFIP. Overall, the adoption of the new Flood Insurance Rate Maps, the Flood Insurance Study and the proposed amendments will ensure that Iowa City continues to remain a participating community that is eligible for flood insurance within the National Flood Insurance Program. Staff recommends that Title 14 Zoning be amended, as illustrated in attachment one, 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. For next steps Conley stated upon recommendation from the Planning and Zoning Commission, a public hearing will be scheduled for consideration by the City Council. The anticipated timeline includes September 16, where Council will set a public hearing, and then October 7, where Council has the public hearing and there is the first consideration. Quellhorst asked with regard to the amendments that staff is proposing, those are not necessary to meet the minimum federal standard, but the amendments are being proposed to improve or maintain the City's classification and reduce flood insurance premiums. Conley explained the amendments that are being proposed are actually things that the community is already doing, they just aren't written in the ordinance. The Iowa DNR has noted that FEMA requires the City to have this language written in the ordinance. Utilizing the proposed amendments will not move up the City to a different class, they are just making sure that the ordinance meets the minimum requirements established by the NFIP guide. The Iowa DNR comes for a community assistance visit and checks to see if the ordinance is up to date with the language that FEMA is looking for. Quellhorst noted this essentially was a circumstance where the regulations are a little bit ambiguous and so staff is proposing amendments to just bring it in line with current practices. Wade asked if the 0.2% is FEMA regulated. Conley stated it is not, that's a higher standard. The 0.2% Flood Hazard Area is shown on the Flood Insurance Rate Map, but it is not regulated as a requirement for cities to regulate to by the NFIP as a minimum, it is something that the City has chosen to go higher on and regulate to, in addition to the 1%. Wade stated the 0.2% means they need to be bring grade one foot above that. Conley confirmed that was correct and explained if there's a new home that wants to be built and the property is located in the 0.2% Flood Hazard Area, this is saying that the lowest floor will need to be built one foot above whatever the 0.2% elevation is at that location. Wade noted a particular building as an example, it seems to fall in that 0.2% area so if there was any kind of floor expansion or something like that, then would that trigger the requirement that it would have to be built at that one foot above grade. Conley explained the way that any type of compliance is triggered is if it qualifies as a substantial improvement. So if they're doing an addition, and the cost of that project goes 50% above the market value of the structure, then that's when the higher regulations kick in, and the full structure, including the addition, need to be brought into compliance and the whole structure needs to be elevated one foot above the 0.2% Wade noted the Ralston Creek area seems like most of that area falls within that regulation so Planning and Zoning Commission September 3, 2025 Page 5 of 9 Iowa Avenue, for example, all those properties would be impacted if they made an improvement, or if there was a turnover in housing that essentially that new standard would apply. He asked does that get the City more base points, and how does that benefit the property owner. Conley clarified that with certain additions they may not have to be brought completely into compliance it just depends where it falls with the cost analysis. But to answer the question, the City doesn't technically receive extra points for that, it's just a higher level of protection. The City generally get points for just having higher thresholds so for example, the 25% expansion of floor area is a standard that would give extra points. She acknowledged it might be a disservice to the homeowner or property owner who wants to build however that's why it's important to make sure the City and community are making homeowners aware of where they are in the Special Flood Hazard Area, or if they are even in one, and work with them to make sure if they do want to do a project that their project doesn't cross that threshold that kicks in higher standards. Russett also wanted to clarify that's an existing standard, since 2010 the City has required new construction within the 0.2% to be elevated by one foot above that elevation. They have been enforcing that and implementing that since 2010 and are not proposing to change that. It's been administered that way, it's just not been clarified in the code. Conley noted there are other things, like maybe the certifications or something like that, that needs to be clarified in the code as well. She noted the substantial improvement part of the code is clear it's just that, for example, documentation such as a cost estimate that is needed in order to determine what the actual amount of the project will be and since it doesn't clearly state that in the previous version, then it's hard to sometimes get the cost estimate. The Iowa DNR and FEMA are making sure that the City and community are receiving the materials needed to accurately assess or determine if it is actually a substantial improved structure or not. Wade stated in the booklet it references commercial as 14-5J-7f, how are commercial properties treated. Conley stated commercial is treated differently, residential structures are not allowed to be flood proofed at all but commercial has the ability to be flood proofed in a way where it can be dry-floodproofed. For example, there was a Pancheros that was just built where they used flood proofing measures such as barriers and also utilized a tech spray around the bottom that went all the way up to the 0.2% Special Flood Hazard Area. Commercial properties have a little bit more flexibility to operate in a flood hazard area. Davies noted this is a good conversation and it helps with understanding how development is impacted by some of these rules. Just for clarification, the map is not changing. Conley stated the map is changing and that is one of the big parts of this proposed amendment is that the community has to adopt the new effective Flood Insurance Rate Map by December 26, 2025. Davies asked what the changes to the map are. Conley shared an example the map provided by FEMA Map Service Center, the National Flood Hazard layer. She noted she can't specifically sum up the changes but noted the floodway has increased in some areas and maybe has decreased in others, it just depends on the meandering of the stream and the river. However, to her knowledge there's no giant, crazy changes. Davies is particularly concerned along Ralston Creek. He acknowledged that most of the properties along the river are expecting to flood and have adapted their development but perhaps those along Ralston Creek are not as prepared. Conley noted a decent portion of her Planning and Zoning Commission September 3, 2025 Page 6 of 9 daily job is dedicated to flood plain development and permitting and making sure things are substantially improved and following the code. It appears the areas around Ralston Creek have generally decreased but there's still both flood hazards and a floodway. Davies asked for a residential property, like a $300,000 house, that wants to put on an addition worth $150,000 on build on an infill lot, is this a barrier to development. Conley stated it isn't a barrier, it is more of a protection measurement. If it was found to maybe appear as a barrier, there's certain ways with the cost estimate to cut back to make sure that they can get what they want at 49.9% and not at 50% where those extra regulations would kick in. Davies asked if there are steps the City or County can take to change that flood map, such as improvements to Ralston Creek, for instance. Conley noted the Ralston Creek flood levels shown on the map are predictions based on hydraulic and analysis, so they may not be accurate in some areas. However, the community has the ability to file for a letter of map change, which can remove their structure from the area, or ask for that area of the map to be revalidated. She also noted there is a hazard mitigation plan that has recently been released by Johnson County that talks about different ways of flood protection. She is not sure if there's any ways that the City would take steps to reduce the floodway in general, but they can be proactive and just try to prevent any damage from occurring, if possible. Townsend asked after the 2008 floods and the raising of Dubuque Street how did that change the maps. Conley stated after that work it has been updated and now it looks like the structure of Mayflower itself does not contain any flood hazard area. Russett added in 2008 that were probably areas that weren't included in a flood hazard area that flooded, again the analysis that is done is as best as can be done, but there's going to be areas that aren't in a flood hazard area that may flood in the future. Townsend asked about the mosquito flats area and if that area is buildable. Russett noted the City bought many of the properties in that area and they will not be built on but there is still some privately held lands. Dulek added that the City owned lands cannot be built on because the City got federal money to purchase. Townsend asked under 14-5J-8, Special Floodway Provisions, storage of materials and equipment, it says storage of other materials may be allowed if readily removable from the floodway within the time available after flood warning, what does that mean. Conley explained if as a City they know that there might be existing materials that can be easily removed if there is enough warning time, then they are to be removed prior to the flooding. Quellhorst asked what is the extent of federal flood insurance assistance that Iowa City receives, is it hundreds of 1000s, millions, 10s of millions, hundreds of millions. Conley is not sure but could say it is quite significant to be part of the NFIP because it allows Iowa City to access certain funding that nonparticipating communities wouldn't be able to. Davies asked for explanation of what the "no rise" means. Conley explained the "no rise" is strictly for the floodway and any type of development that is proposed in the floodway cannot cause a rise in the base flood elevation. So, if someone wanted to do a dam improvement or something, the City would need to have an engineer conduct a hydraulic analysis and have a Planning and Zoning Commission September 3, 2025 Page 7 of 9 professional engineer sign off on a "no rise" certification, also known as a no encroachment certification, to ensure no rise in the base flood, because otherwise it's going to cause a lot of issues for all properties that are downstream. Any development, like dredging, mining, grading, all of that needs to be reviewed if it is occurring in any special flood hazard area. Davies asked about mobile home impacts. Conley stated mobile homes actually have a specific section in the code and they are structures that also need to be protected and held to the same standard, one foot above base flood elevation, or 0.2%. There's a certain amount of provisions that come along with manufactured housing that floodplain administrators need to ensure are checked off before some can come in. Townsend asked about cases like the one in Fairfax with all those illegal wells that they found on property. Russett noted that is a zoning enforcement issue, they did something illegally. Conley noted in the ordinance they have linked the municipal infraction section in the violation section, so it brings readers of this floodplain management standards to that area of the code, so they understand the City's general enforcement measures. Townsend asked how things like that would affect the insurance. Conley stated it would reflect on the entire community as a whole and it would depend on the violation. Quellhorst opened the public hearing. Seeing no one come forward, Quellhorst closed the public hearing. Townsend moves to recommend that Title 14 Zoning be amended, as illustrated in attachment one, 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. Wade seconded the motion. Townsend stated it looks like something that needed to be done so it's a good thing to revise and make sure that it's correct. Wade agreed and is glad to see the language align with an administrative aspect of it. He did note the 0.2% sometimes gives him a little heartburn, because being in town for coming up on 48 years, a lot of those areas that are within that 0.2% have never experienced a weather event that's caused issues, and as a property owner, or somebody that looks at putting up a building, it does become a cost factor. Perhaps that's a future consideration, but based on what's presented today, it makes sense to bring it current. Quellhorst stated he really appreciates staff's work on this as flood prevention is important. The map was produced by experts so he doesn't have any reason to doubt that that map is current and accurate. He appreciates that they're codifying existing practice in a way that better protects the City and will guarantee federal funding in the future. A vote was taken and the motion passed 4-0. Planning and Zoning Commission September 3, 2025 Page 8 of 9 PLANNING AND ZONING INFORMATION: Russett presented updates from the City Council meeting on Tuesday, the neighborhood open space ordinance was adopted and the rezonings at the former ACT properties and the former Pearson property were also adopted. ADJOURNMENT: Wade moved to adjourn, Davies seconded and the motion passed 4-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2024-2025 511 6126 914 9118 11120 1214 2119 3/5 517 6/4 6118 712 7116 816 8/27 9/3 BEINING, KALEB -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X O X X O DAVIES, JAMES -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X X X CRAIG, SUSAN X X X X X X X X X X X -- -- -- -- -- -- -- -- -- -- ELLIOTT, MAGGIE X O/E X X O/E X X X X X X X O/E X X O/E HENSCH, MIKE X X O/E X X X X O/E X X X -- -- -- -- -- -- -- -- -- -- MILLER, STEVE -- -- -- -- X X X X X X X X O/E X X X X O/E PADRON, MARIA O/E -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- QUELLHORST, SCOTT X X X X O/E X X X X X X X X X O/E X TOWNSEND, BILLIE X X X X O/E X X X X X X X X X X X WADE, CHAD O/E X X X X X X X X X X X X X X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member Prepared by: Madison Conley, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5132 Ordinance No. 25-4969 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 member 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 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 by the effective date of the Flood Insurance Rates Maps (FIRM); and Whereas, the proposed amendments adopt the FIRM and the Flood Insurance Study (FIS) submitted to the City by FEMA on June 26, 2025, ensure the City's continued participation in the NFIP, and support sound floodplain management practices across the community; and Whereas, the Iowa City Comprehensive Plan includes a land use goal that encourages 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: Ordinance No.25-4969 Page 2 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. (^-a. 10 4414, 11 16 291^` 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: as having significant flood hazards. The Flood Insurance Study for Johnson County is hereby armed by reference and is made a part of this Ordinance for the puroose 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 Mao. Where determination made by the building official in the enforcement or administration of this Article. BC. Minimum Requirements: The provisions of this aArticle are considered minimum requirements and will be liberally construed in favor of the geverniAq bad y City of Iowa City and will not be deemed a limitation or repeal of any other powers granted by the estate statates. 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. (QFd 19 441411 16 2040) Ordinance No. 25-4969 Page 3 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 4553 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 ran 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 dDepartmenl of nNatural rResources or its assignee. , D. Amend 14-5J-4: Compliance with Provisions; Nonconforming Situations, by adding the following underlined text and deleting the following text with a strikethrough: 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 eChapter 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: Ordinance No. 25-4969 Page 4 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 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 rResources, or its assignee, prior to any proposed alteration or relocation of a watercourse -and submit evidence of such notifications to the Federal Emergency Management Agency. W. Keep a record of all permits, appeals, variances and other such transactions and correspondence pertaining to the administration of this aArticle. (OW. 10 4414, 11 16 2949) 6. Submit to the Federal Insurance Administrator an annual report concerning 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 Iowa City's boundaries. 8. Maintain the accuracy of Iowa Citv'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 Mao Revision. 9. Perform site inspections to ensure compliance with the standards of this Article. 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 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 Ordinance No. 25-4969 Page 5 regulations, including approval when required from the Iowa dDepartment of eNatural FResources. B. Compliance: Floodplain development permits based on approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications. Prior to use or occupancy of any structure, the applicant will be required to submit certification by a professional engineer or land surveyor, registered in the state, that the finished fill, building structure floor elevations, floodproofing or other flood protection measures were accomplished in compliance with the provisions of this aArticle. Any use, arrangement or construction not in compliance with the uses authorized will be deemed a violation of this aArticle. (Gpd 10 4414 „ ,c 2019 ) 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: P849FMaRGe standards: All development must be consistent with the need to minimize flood _ A. Whether the land involved is either wholly or partly within the floodwav or floodwav fringe: and AC. General Construction Requirements: All strastwe"eveloomenl shall be: 1. Adequate! y 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. aD. 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: Ordinance No. 25-4969 Page 6 1. All new or substantially improved residential structures must have the lowest floor of the including 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. OF. Nonresidential and Mixed Use Buildings: 1. All new or substantially improved nonresidential buildings structures must have the lowest floor 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. 23. When floodproofng is utilized, a professional engineer registered in the state shah -;A'AtAR Such cart fingt nn must also Rd Gate the SPAG fiG must submit a Non -Residential Floodproofing Certificate a Flood Emergency Operation Plan and an Inspection and Maintenance Plan to be retained in the office of the building official Ordinance No. 25-4969 Page 7 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 must be oan6tFucted with eI9GtRGaI, heat ng, the flood hazard elevation. €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 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. Ordinance No. 25-4969 Page 8 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 onsile 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. #J. 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 ADepartment of nNatural FResources or its assignee. JL. 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 sCity 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: Ordinance No. 25-4969 Page 9 42. The structure is not used for human habitation. 23. . 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 PF6vent flotat on, etheFG# iGfures resist floatation, collapse and lateral movement. 56. The service facilities for the structure, such as electrical and healing 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. MO. Recreational Vehicles: 1. Recreational vehicles are exempt from the requirements of subsection F of this section regarding anchoring and elevation of manufactured homes when the following criteria are satisfied: a. The recreational vehicle shall be located on the site for less than one hundred eighty (180) consecutive days; and b. The recreational vehicle must be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system and is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. 2. Recreational vehicles that are located on the site for more than one hundred eighty (180) consecutive days or are not ready for highway use must satisfy requirements of subsection F of this section regarding anchoring and elevation of manufactured homes. (Ord. 10 AA.n n ,. 1c on,,()) 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 4%- flood -hazard Ordinance No. 25-4969 Page 10 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 rapacity 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. SuildingsStructures, if permitted, must have low flood damage potential and must not be used for human habitation. F. Storage of materials or equipment that are buoyant, flammable, explosive or injurious to human, animal or plant life is prohibited. Storage of other material may be allowed if readily removable from the floodway within the time available after flood warning. G. Watercourse alterations or relocations, including channel changes and modifications, must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved by the Iowa dDepartment of nNatural (Resources 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 Re fleedway data has WEIR prov dad, the awa depaFtment of natuFal F86eUFGas eF ts assignee shall be contacted to provide a fleedway dG1 Reat 9R. Wh8FG A99dWaY date 6 Rot eve 'able, t shall be the Fespens bility of the pei:mittee to produce eRg neared data del neating 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 74-5J-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 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 Ordinance No. 25-4969 Page 11 in GChapter 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 nNatural (Resources 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 rases where the variance involves a lower level of flood protection for buildings than what is ordinarily required by this article, the applicant shall be notified, in writing, over the signature of the building official, that the issuance of a variance will likely result in increased premium rates for flood insurance. 5. All variances granted shall have the concurrence or approval of the Iowa dDepartment of nNatural fResources or its assignee. B. Factors For Consideration: When considering applications for variances, the bBoard of aAdjustment will consider all relevant factors specified in other sections of this aArticle in addition to the following factors: 1. The danger to life and property due to increased flood elevation or velocities caused by encroachments. 2. The danger that materials may be swept on to other land or downstream to the injury of others. 3. The importance of the services provided by the proposed facility to the community, and the risk of losing said services during a flood event. 4. The risk assumed by emergency personnel if it is necessary to evacuate the use/structure during a flood event. 5. After consultation with the historic preservation commission, a determination of whether compliance with the floodplain regulations would result in a substantial alteration or destruction of defining architectural characteristics of landmark properties and properties located within historic or conservation districts. 6. Such other factors that are relevant to the purposes of this aArticle. C. Conditions Of Approval: Upon consideration of the factors and approval criteria listed in this section, the bBoard of aAdjustment may attach such conditions and safeguards to the granting of a variance as it deems necessary to fulfill the purposes and intent of the provisions of this aArticle. (Ord. 10441" 11 16 2949) ordinance No. 25-4969 Page 12 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;Resources or its assignee. (Qr4 10 ""'" 11 "'^'^` 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. L. Amend 148E-5: 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 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 fiend -hazard-event-base flood and 0.2% annual chance flood event. Where Flood elevation data is not provided in the flood insurance study, the applicant shall contact the Iowa dDepartment of nNatural rResources to obtain such data. 56. Elevation fin relation to Ratieaal geedetis veR1sa4 datum North American Vertical Datum 1988) of the lowest floor, including basement, of buildings structures or of the level to which a building is to be floodproofed. 67. For buildings structures being improved or rebuilt, the estimated cost of improvements and market value of the building structure prior to the improvements. 78. Such other information as the adFR;Ristrate; building official deems reasonably necessary for the purpose of determining compliance with the requirements of 'Chapter 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'Chapter 5, aArticle J, "Floodplain Management Standards", of this title, and shall approve or Ordinance No. 25-4969 Page 13 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 aAdjustmenl according to the approval criteria for such variances set forth in sChapter 5, aArticle J of this title. (Opd. 10-44T4 1-3-46-2910 M. Amend 14-9F-1: Definitions, by adding the following underlined text and deleting the following text with a strikethrough: As used in sChapter 5, aArticle J, "Floodplain Management Standards", of this title, the following definitions shall apply. The general definitions contained in aArticle A of this echapter 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"). 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, slreambank erosion control measures, storage of equipment or materials, filling, grading, paving, excavation or drilling operations. stage of exeavat on; OF the plaGement of a factory bu it home an a . Development does not include "minor projects" or "routine maintenance of existing buildings and facilities" as defined in this section. It also does not include gardening, plowing, and similar practices that do not involve filling or grading. Ordinance No. 25-4969 Page 14 ENCLOSED AREA BELOW LOWEST FLOOR: The floor of the lowest enclosed area in a structure when all the following criteria are met: EXISTING CONSTRUCTION: Any structure for which the "start of construction' commenced before May 2. 1977. EXISTING MANUFACTURED HOUSING PARK OR SUBDIVISION: A manufactured home completed before May 2, 1977. EXPANSION OF EXISTING MANUFACTURED HOUSING PARK OR SUBDIVISION: The 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). Ordinance No. 25-4969 Page 15 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 thafis-shaded and areas that are subject to flooding that are identified on the Flood Insurance Rate Map as "A" "AE", "X" a . map-, and "X-shaded". FLOOD HAZARD ELEVATION: In AE ZGReS, the elevatien of the 9.2,04 fleed R6uFaRG8 study feF j9hRSOR County, lewa. in aFeas ef shallow flood ng, the ele,oation 9 the flood as illustrated on the finod iRAI FRRGQ Fate MaP. A In zones labeled "AE" and "X-shaded" the elevation of the 0.2% annual chance flood event as provided by the Flood Insurance Study for Johnson County Iowa. B. In zones labeled "A" the elevation of the 0.2% annual chance flood event as determined by the Iowa Department of Natural Resources. FLOOD INSURANCE RATE MAP F( IRMI: 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 (FIST: A study nit ated, funded and published by the fedefal 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, floodproof ng 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 Ordinance No. 25-4969 Page 16 FLOODWAY FRINGE: Special Flood Hazard Area that are located outside the floodway. HAZARDOUS MATERIALS: Combustible materials, and flammable liquids, and chemicals — 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: 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 slate 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 approved programs. LOWEST FLOOR: The Floor of the lowest enclosed area in a building structure, including a basement, except when : the criteria listed in the definition of Enclosed Area Below Lowest Floor are met. A. The RRdnAAd area 6 designed to flood to equal as hydFostatia pressure dUF ng fleeds w th 06 The enclosed area a unfinished (A9t GaFPeted, dFywalled, etc.) and used solely faF low damage potential uses, SUGh as bu idiRg aGG866, PaFlkiRg OF Storage; and Agntn Red n the endesed aFAa RFQl9GRtQd R1 least one feet (1') above the fted hazard elevation; and D. The floor a not below grade an all s deG. 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 oChapter 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. Ordinance No. 25-4969 Page 17 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. NEW CONSTRUCTION OF NEW BUILDINGS, MANUFACTURED HOUSING PARKS: Those structures or development that begaa for which start of construction began on or after May 2, 1977. construction of streets and either final site grading or the pouring of concrete pads) is completed on or after May 2. 1977. (including grain bins and silos) industrial buildings and warehouses. RECREATIONAL VEHICLE: A vehicle which is: A. Built on a single chassis; B. Four hundred (400) square feet or less when measured at the largest horizontal projection; C. Designed to be self-propelled or permanently towable by a light duty truck; and D. Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use. SHALLOW FLOOD HAZARD AREA: Areas of special flood hazards having shallow water depths and/or unpredictable flow paths between one foot 1' and three feet (3'), and with water surface elevations determined. Ordinance No. 25-4969 Page 18 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 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 n market value as estabi shed by an appraisal paid for at the owners expense, 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 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%). , VARIANCE: A grant of relief by a community from the terms of the floodplain management regulations. See Section 14-8C for the Procedure to apply for a variance and Section 14-4B-2 for the standards to obtain a variance. VIOLATION: The failure of a structure or other development to be fully compliant with the City's floodplain management ordinance. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. 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. Ordinance No. 25-4969 Page 19 Section IV. Effective Date. This Ordinance shall be effective December 26, 2025. Passed and approved this 21st day of October , 2025. r Mayor Approved by - Attest: �'/ L-- City Clerk City Attorney% Office (Alexandra Bright— 10/02/2025) First Consideration: October 7, 2025 Vote for passage: AYES: Alter, Bergus, Moe, Salih, Teague, Weilein NAYS: None ABSENT: Harmsen Second Consideration: --------------------------- It was moved by Moe , and seconded by Salih , that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. AYES: Alter, Bergus. Harmsen, Moe, Salih, Teague, Weilein NAYS: None ABSENT: None Pass and Adopt: It was moved by MOe and seconded by Alter that the ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Alter X Bergus X Harmsen X Moe Salih _y Teague x Weilein Date published: October 30, 2025 Item Number: 11.a. CITY OF IOWA CITY COUNCIL ACTION REPORT October 21, 2025 Ordinance amending Titles 15, 16, and 18 of the City Code to adopt and incorporate the SUDAS Design Manual and Specifications, General Supplemental Design Standards and Specifications, and City of Iowa City Design Supplement and Specifications. Prepared By: Reviewed By: Fiscal Impact: Staff Recommendation: Commission Recommendations: Attachments: Ordinance Joe Welter, Senior Engineer Alexandra Bright, Asst. City Attorney Ron Knoche, Public Works Director Jason Havel, City Engineer Eric Goers, City Attorney Geoff Fruin, City Manager N/A Approval N/A Executive Summary: This is an ordinance amending Titles 15, 16, and 18 of the City Code to adopt and incorporate the SUDAS Design Manual and Specifications, General Supplemental Design Standards and Specifications, and City of Iowa City Design Supplement and Specifications. State law requires a public hearing when adopting a statewide code. A copy of the proposed ordinance and the SUDAS manual are available in the City Clerk's office. Background / Analysis: The City of Iowa City currently uses the Statewide Urban Design and Specifications (SUDAS) Standard Specifications, General Supplemental Specifications, and the City of Iowa City Supplemental Specifications as specifications for all public improvement projects, adopted by resolution on May 15, 2018. The City desires to align its design standards with the specifications and currently accepted practices in the engineering industry across the state by adopting the SUDAS Design Manual, General Supplemental Design Standards, and City of Iowa City Design Supplement as the City's new design standards for use in all public improvement projects and construction within the right-of-way, as well as any extraterritorial areas required to be built to City standards pursuant to any fringe area agreement. Prepared by: Alexandra Bright, Asst. City Attorney 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 Ordinance No. Ordinance amending Titles 15, 16, and 18 of the City Code to adopt and incorporate the SUDAS Design Manual and Specifications, General Supplemental Design Standards and Specifications, and City of Iowa City Design Supplement and Specifications Whereas, the City currently uses the Iowa City Interim Municipal Design Standards for the design of public improvements, adopted in March 1996; and Whereas, the City currently uses the Statewide Urban Design and Specifications (SUDAS) Standard Specifications, General Supplemental Specifications, and the City of Iowa City Supplemental Specifications as specifications for all public improvement projects, adopted by resolution on May 15, 2018; and Whereas, the City now desires to align its design standards with the specifications and currently accepted practices in the engineering industry across the state by adopting the SUDAS Design Manual (2024 Edition), General Supplemental Design Standards, and City of Iowa City Design Supplement as the City's new design standards for use in all public improvement projects and construction within the right-of-way, as well as any extraterritorial areas required to be built to City standards pursuant to any fringe area agreement; and Whereas, the City also desires to amend Title 16 to codify the specifications; and Whereas, these new design standards and specifications necessitate amendments to other provisions of the Code of Ordinances to incorporate necessary cross references and eliminate conflicting provisions, as well as eliminate duplicative definitions; and Whereas, Staff has reviewed the SUDAS Design Manual and prepared the City of Iowa City Design Supplement; and Whereas, the SUDAS Board of Directors periodically approves general supplemental design standards and specifications in response to innovations and changes in construction technologies, methods, and materials, which are then annually incorporated into its Design Manual and Specifications; and Whereas, Staff recommends amendments to Title 15 "Land Subdivisions", Title 16 "Public Works", and Title 18 "Site Plan Review" of the City Code to adopt, incorporate and align the code with these design standards and specifications. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa that the Iowa City Code of Ordinances shall be amended as follows: Section 1. Delete Table 15-1 Standards for Street Rights -of -Way. Section 2. Delete Section 15-3-12 Specifications; Section 16-1A-4 Prohibited Surface Materials in Certain Areas; Section 16-3G-7 Dry and Wet Bottom Storm Water Management Facilities, and indicate such sections are reserved. Ordinance No. Page 2 Section 3. Amend Sections 16-1 G-3; 16-2A-4; 16-2A-5; 16-3C-2; 16-3C-10; 16-3E-6; and 16-3G- 9 by replacing "director of public works, or designee," "director or designee," "director of public works," and "public works director with "Director." Section 4. Amend the following sections of Title 15 "Land Subdivisions" by inserting the underlined words and deleting those stricken through, renumbering remaining provisions as necessary: a. 15-1-8(A) Modifications of Requirements, paragraph (1): Upon recommendation of the Planning and Zoning Commission or on its own motion, the City Council may vary, modify or waive the requirements of chapter 3, "Subdivision Design Standards Provisions and Required Public Improvements", of this title, provided one of the following qualifying circumstances are met: b. 15-2-2 Preliminary Plat, B. Plat Specifications and Accompanying Information: e. Contours at five two foot (25) intervals or less. c. 15-2-3 Final Plat, A. Submission Required, paragraph 2: d. Construction plans according to the Design Standards set forth in Title 16, Chapter A. d. 15-2-3 Final Plat, C. Accompanying Documents: 6. Construction Plans: A complete set of construction plans for all public improvements, meeting Design Standards set forth in Title 16 Chapter 4sity spedfieatieas, must be submitted to the city engineer's office. e. 15-3: Subdivision Design Standards Provisions and Required Public Improvements, Section 1: General Requirements: A. Design of the subdivision shall comply with the -standards -et this chapter, provide for the orderly growth and development of the city, demonstrate consistency with the Iowa City comprehensive plan and any specific adopted district plans, and take into consideration the natural features of the site and patterns of adjacent development. C. 'Public improvements", as defined in this title, shall be constructed and installed according to the Specifications and Design Standards set forth in Title 16 Chapter 4. astalal shad by the 9 %,. Goo as of sa d standaF& we An file in the efflee of the E. Prior to acceptance of public improvements record of construction drawings must be submitted to the city engineer in hard copy and digital form f. 15-3-2: Streets and Circulation: Ordinance No. Page 3 A. Connectivity of Streets, Sidewalks, And Trails: Subdivisions shall provide for continuation and extension of arterial, collector and local streets, sidewalks and trails in accordance with the following etandsrds: C. Street Types: those subdivisions regulated by Article 14-211 (Form- Based Zones And Standards). When designing a subdivision, street types should be chosen based on the intended function of the street and anticipated level of traffic. The city will review the proposed streets and determine the appropriate street type based on the factors set forth in this section. E. Maasuremeats-aad Construction Standards: 1. All right of way improvements must be designed and constructed according with the aFe on file n the off as Of the Gity pecifcetions and Design Standards set forth in Title 16, Chapter 4. 23. 0 a also requ Fed w th a minimum width of th Fly feet . In residential areas, center medians for cul-de-sacs and loop streets are required to be landscaped to at least the S1 standard as described in title 14, chapter 5, article F, "Screening and Buffering Standards', of this code. The subdivider's agreement shall designate and set forth procedures for property owners or a homeowners' association to maintain the landscaped area within the center median of loop streets and cul-de-sacs. Said instrument shall provide that if said services are not provided as required therein, the city shall have the right to perform said services, and the cost thereof shall be a lien and charge against all of the subject lots. Ordinance No. Page 4 K. Cost Sharing For Street Upgrades: 1. At the discretion of the City, subdivisions may be approved that access existing public streets that do not meet the sitystandards Specifications and Design contributes toward the future reconstruction cost of bringing the segment of the subject street that abuts the subject property to City standards. When determining whether such an approval will be granted, the City will evaluate the street based on factors such as roadway surface, sight distance, anticipated traffic levels, and pedestrian/bicycle facilities. If the City permits a development to access a street that does not meet City standards, the subdivider shall contribute to the cost as follows: g. 15-3-3 Sidewalks, Trails and Pedestrian Connections: Public sidewalks, trails, and pedestrian connections shall be constructed in the public right of way according to the following standards: A. Sidewalks, trails, and pedestrian connections shall be constructed according to . to the Specifications and Design Standards set forth in Title 16 Chapter 4 13. Five feet (6') wide concrete GidSWall% FRUSt 198 G9RGtF6lGted along bath sides 9 C. placed.* - bR9Gt an D nf this section. The G ty w 11 dAtRFFA R6 AR;AfhiAh Aida Of the Street the When as eight -ten foot (109) sidewalk is required, the city, at its discretion, will either pay for the excess pavement required for the developer to install as eight -ten foot (1W) sidewalk rather than a five foot (5') sidewalk, or collect the estimated cost of the five foot (6) sidewalk from the developer and apply said cost to construction of as eight -ten foot (10@) sidewalk by the city. Any payment of excess pavement costs by the city shall be pursuant to state law. sidewalks that aFe less than the FecluiFed wdth, the pFgpGsed sdewalk may be GGnAtF-GIAd In matGh the width of the adjaGent sidewalks. HGWeVeF, the properties Ordinance No. Page 5 G. In residential subdivisions, blocks longer than six hundred feet (600') must have midblock pedestrian connections between adjacent streets, unless said connection is deemed to be unnecessary and is waived by the city. At the time of subdivision, these connections must be platted as minimum fifteen fool (15') wide easements; if the connecting sidewalk is greater than five feet (5') in width, the easement must be at least twenty feet (20') wide. wlelthi;, trie Fn'013!Ack sidewalk Fnuist be equal n width to the w deF sidewalk. The area and sidewalk within the pedestrian easement must be maintained by adjacent property owners according to the subdividegs easement agreement in a manner similar to maintenance requirements for public sidewalks. h. 15-3-14 Off -site Costs-fer Public Improvements: B. Off -site Public improvements shall be designed and constructed according to the Specifications and Design Standards set forth in Title 16. Chapter 4-7plans-a4id and shall be of sufficient size and capacity to serve the full area capable of being served by the type of improvement so that the City will not be required to construct parallel or duplicate facilities. If said infrastructure is greater in size than that needed to service the subdivision itself, the City, at its discretion, may share in the expense thereof. When ssuch cost sharing shah is required. the payment of excess costs by the City shall be pursuant to state law. Section 5. Amend the following sections of Title 16 "Public Works' by inserting the underlined words and deleting those stricken through, renumbering remaining provisions as necessary: a. 16-1A-1 Definitions DIRECTOR: Director of Public Works, or designee, d8P@FlFR8Rt Of PUbI G weFk6-. b. 16-1A-2: Protection of Public Right -of -Way Generally: The Ddirector of pubNs-works shall be responsible for construction, management and maintenance of public right of way. c. 16-1A-5: Debris on Public Right -of -Way: C. Summary Removal By City: In addition to the provisions of this section, whenever, in the judgment of the Director of public -works or the police chief, an emergency exists creating a health or safety hazard which requires immediate removal of debris from the public right of way, the City may remove the debris and assess the removal cost against the property from which the debris was removed, for collection in the same manner as a property tax, as provided by state law. d. 16-1C-3: Construction and Repair: A. Sidewalks must be constructed, reconstructed and repaired in accordance with the Specifications and Design Standards set forth in Title 16, Chapter 4.4ewa-city Ordinance No. Page 6 e. 16-1D-1: Definitions: SPEGIFIGATIGINS*The latest editions of "Standard Spec fiGatien6 For Highway And UTILITY: Any public utility regulated by the Iowa Utilities Board eemmerce semmissiea or its successor and/or persons holding a franchise or other agreement with the city or other entities. f. 16-1D-7: Backfilling: A. Backfilling Under oOr Near With in-Fwe-Feet 0 Paved Surfaces: The Ttrenches feF 2" IS-hstraskxes under or near paved surfaces and-traraledways ec-H4thia twe shall be backflled as required by the Design Standards B. Backfilling Of Unpaved Areas And Parkways: Excavated soil from unpaved and untraveled ways shall be placed in accordance with the Specifications and Design Standards set forth in Title 16, Chapter 4. g. 16-1 D-8: Repairs of Surfaces: The type of resurfacing required for any excavation shall be in accordance with the h. 16-3A-2: DEFINITIONS As used in this ariisle Chapter, the following definitions shall apply: SOLID WASTE: -InGludes unwanled OF discarded waste inaterial In a solid or . garbage, refuse, rubbish, and other similar Code. Chapter 100. i. 16-3A-3: MISCELLANEOUS PROVISIONS: A. Connections: Ordinance No. Page 7 1. Before the permanent improvements of any street, highway, avenue, alley, public ground or place whereon city utilities are located, provision for utility connection therefrom to the curb lines of adjacent property shall be made according to the Design Standards set forth in Title 16, Chapter 4. of the Gity-eagiRae r, including inspections. All buildings and properties used for, or intended to be used for, human occupancy and/or employment are required, at their expense, to install suitable connections with city utilities. Each separate building shall be provided with a separate connection to the city utility, except as otherwise provided in this chapter. 3. Construction materials for city utility connections shall be as set forth in the Design Standards set forth in Title 16, Chapter 4. j. 16-3C-3: CONNECTION TO DISTRIBUTION WATER MAIN: B. Service Lines: 2. New Lines: The size of all new service lines shall be as set forth in the Specifications and Design Standards set forth in Title 16, Chapter 4. 3. Separate Connections: There shall be separate service lines from the distribution water main to each building service. Such service lines shall be installed according to the Specifications and Design Standards set forth in Title 16, Chapter 4. . k. 16-3C-4: WATER METERS: A. Metered Water Required: 1. Requirements For Installation Of Water Meters a. All water furnished by the city shall be metered unless otherwise provided in this article. The owner shall provide a suitable location and plumbing system for the water meter. The owner shall be responsible for obtaining the meter from the city and also for the installation of each meter. On new construction, the water meter(s) shall be installed prior to or coincident with installation of plumbing fixtures. The water meter(s) shall be installed in accordance with the Specifications and Design Standards set forth in Title 16, Chaoter 4. 2. Requirements For Single Purpose Water Meters: b. A single purpose water meter shall be installed according to the Specifications and Design Standards set forth in Title 16, Chapter 4. standards. I. 16-3C-6: FIRE PROTECTION: A. All fire hydrants external to a building shall be installed according to Specifications and Design Standards set forth in Ordinance No. Page B m. 16-313-2: DEFINITIONS thereof. cunt i . i...nARd..f,..y (see deem tiOR Of u..4 n. 16-313-3: PRIVATE SEWAGE DISPOSAL SYSTEMS: D. Design, Construction, Operation And Maintenance Of System: Design, construction, operation and maintenance of private sanitary sewer disposal systems shall comply with all Fequ Fewents of th , this Article. the Specifications and Design Standards set forth in Title 16 Chapter 4, the county board of health and the Iowa administrative code environmental protection division 567, chapter 69, as amended. o. 16-313-5: CONNECTION TO PUBLIC SANITARY SEWER REQUIRED; EXCEPTIONS: B. A nonresidential development consisting of one or more buildings on one or more lots may, at the discretion of the Ddireclor, be served by a private sanitary sewer collection system, provided: 2. The private sewer collection system is constructed in accordance with Specifications and Design Standards set forth in Title 16 Chapter 4 lewa and p. 16-3D-6: BUILDING SEWERS AND CONNECTIONS: C. Specifications: 1. The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the building and plumbing codes Specifications and Design Standards set forth in Title 16, Chapter 4. q. 16-3E-2: DEFINITIONS.- Ass used in this article, the following definitions shall apply: Ordinance No. Page 9 theFAGr r. 16-3F-2: DEFINITIONS: s. 16-3G-2: DEFINITIONS: ... - . ... - . .. -_ .. .-. .. _- -- - ._ .- ------------- WIDOW _ .' - - --- - - - - - -- --- - - -- - - ...- ..-. . .... .------------------ .-., --------------- Ordinance No. Page 10 1. 16-3G-3: SCOPE OF PROVISIONS: gross area shall include streets and other dedicated lands. u. 16-3G-5: REQUIREMENTS FOR CONSTRUCTION OF STORM WATER MANAGEMENT FACILITY: A. With the preliminary plat, preliminary OPDH plan, site review plan or building permit, whichever comes first, and in all cases before site work begins, the owner shall submit the following documents to the Director of public works for approval: 1. Plans and proposed methods for the prevention and control of soil erosion for the entire development (Storm Water Pollution Prevention Plan) prepared in accordance with the Iowa Department of Natural Resources National Pollutant Discharge Elimination System (NPDES) General Permit No. 2 in effect at the time of development. 2. Plans, specifications and all calculations for the control of storm water runoff as required by by-the-dkes the Pro act Drainage Report set forth in the SUDAS Design Manual. v. 16-3G-6: REQUIREMENTS FOR DESIGN 6ONSTRI ICT'ON: A. All storm water management facilities shall be designed, constructed and ...... .r.:vmaa�renr�t�:�r�msr_rnna�rr*rr-�rrnr� ..... . B. Excess Storm Water Passage: Ordinance No. Page 11 2- No buildings or structures shall be constructed within such excess storm water passage; however, streets, parking lots, playgrounds, park areas, pedestrian walkways, utility easements and other open space uses shall be considered compatible uses. In the event such excess storm water passage is reshaped or its capacity to transport excess storm water otherwise restricted, the Ddirector shall notify the agency or person causing such restriction to remove the same and set a reasonable time for its removal. If such person refuses or is unable to comply with such order, the Ddirector shall cause such restrictions to be removed at the expense of such person. dFainageways as part of the excess storm Water passage. staitage shall 198 GaIGulated an the basis of the runoff from a 100 yeaF flood SWORI S-1ph GRIGAWGR shall he made n aGnnrdnnnA �vth methods approved by the d renter CB. Compensating Storage: In the event compensating storage is available, said storage may be provided at an alternative location as approved by the Ddirector. w. 16-3G-10: STORM WATER UTILITY: B. Definitions: As used in this section, the following definitions shall apply: x. 16-3G-11: ILLICIT DISCHARGE AND CONNECTION: B. Definitions: For the purposes of this section, the following shall mean: OF other entity reGogn zed by law and act ng as either the ownei: or as the eiArnAi,!s- y. 16-31-1-2: DEFINITIONS: As used in this article, the following definitions shall apply: Ordinance No. Page 12 z. 16-311-7: STORAGE OF SOLID WASTE, D. Downtown Solid Waste Container: 3. Administrative Rules: The Director Gity Manager or deri@ReO is authorized to establish administrative rules not inconsistent with any ordinance to carry out the provisions of this subsection. A copy of said rules shall be on file with the City Clerk and available on the Citys website. aa. CHAPTER 4: STANDARDS FOR PUBLIC 0AR145; IMPROVEMENTS PR9d€6FS collectively comprise the "Design Standards for Public Improvements" is-lewa 6itV' r heFeby adopted by F0feF8F1G8, as the 6tandapd for aA designing and planning,*nd4ons#uGtia�any and all public improvements in the City and any fringe area agreement. -yrnaa.�az�r. 16-4-3: COPIES ON FILE: Copies of the Design Standards and Specifications. theFete, as adopted A this , are on file in the office of the City Engineer. Section 6. Amend the following sections of Title 18 "Site Plan Review" by inserting the underlined words and deleting those stricken through, renumbering remaining provisions as necessary: a. 18-3-2: DESIGN STANDARDS: D. Erosion And Sedimentation Control: The design of the proposed development shall comply with the standards for erosion and sedimentation control required by Title 16, Chapter 4 and Title 17, Chapter 8-estgbl shed -in the to protect adjoining or surrounding property. The development plan shall consider the topography and soils of the site to achieve the lowest potential for erosion. Section 7. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Ordinance No. Page 13 Section 8. Severability. 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 not adjudged invalid or unconstitutional. Section 9. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of Mayor: Attest: City Clerk 20_. Approved by: City Attorney' ffice —10/16/2025 Ordinance No. _ Page No. 14 First Consideration: October 21. 2025 Vote for passage: AYES: Alter, Bergus, Harmsen, Moe, Salih, Teague, Weilein NAYS: None ABSENT: _N,,,,, Second Consideration: Vote for passage: AYES: NAYS: ABSENT: Pass and Adopt: It was moved by , and seconded by , that the ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Alter Bergus Harmsen Moe Salih Teague Weilein Date published: Item #11.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 CITY of IOWA CITY UNESCO ITY OF LITERATURE • Statewide Urban Design and Specifications • Promoting uniformity of urban design and construction across Iowa. • Design Manual and Construction Specifications • Standard Manuals and City Supplementals • Construction Specifications • Adopted May 2018 • Updated Annually • Design Manual • Pending adoption in November 2025 • Updated Annually • Updates current City design manual (1996 and prior) • Consistency • Ongoing updates and review • Ordinance revisions • Consolidate information • Most public improvements and work in the right-of-way will be designed the same • Drainable subbase and subdrain under pavements • Stormwater requirements • Detention basin design • Addition of water quality component • Additional options for stormwater management • Standard drainage report • Potential Stormwater Examples • Single large detention basin could become a smaller basin with extended detention and soil quality restoration on residential lots • Detention basin size could be reduced on commercial lots and supplemented with rain gardens, bioswales, pervious pavers, etc. • Focused on developers and consultant engineers • Comments related to stormwater management for redevelopment and infill sites • Allow exemption for sites that have minimal impact to impervious area (less than 5,000 sf) • Allow for exception if able to demonstrate improvements are infeasible • Consistent with other communities in our area ..,► ,w � I.I. • Public Hearing - Tonight lid Mor i Wed • Second and Third 5 6 2 Readings/Adoption 8 12 g (November) 13 14 1 15 _ 21 22 • Updates Annually 27 23 C4 p Y 28 29 30 Questions? STAFF PRESENTATION CONCLUDED � r m7pL CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240- 1 826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org