HomeMy WebLinkAbout2010-11-16 Ordinance~ ~~ ~~
Prepared by: Tabatha Ries-Miller, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251
ORDINANCE NO. i n-r~4i 3-
AN ORDINANCE REZONING APPROXIMATELY 207 ACRES OF LAND LOCATED
EAST OF IOWA RIVER, SOUTH OF MCCOLLISTER BOULEVARD, AND WEST OF
SAND ROAD FROM COUNTY AGRICULTURAL RESIDENTIAL (AR) TO
NEIGHBORHOOD PUBLIC ZONE (P-1) (REZ10-00010)
WHEREAS, the applicant, the City of Iowa City, has requested a rezoning of approximately 207 acres of
property located east of Iowa River, south of McCollister Boulevard, and west of Sand Road from County
Agricultural Residential (AR) to Neighborhood Public Zone (P-1 ); and
WHEREAS, the Comprehensive Plan indicates that this property is appropriate for environmental
preservation and public open space; and
WHEREAS, the City has acquired the property for environmental preservation and public parkland; and
WHEREAS, Section 14-2F-1 B-1 of the Zoning Ordinance states that uses such as schools, parks, police
and fire stations, and other civic buildings owned or otherwise controlled by the County, the City, or the Iowa
City Community School District for such uses will be designated as P-1, Neighborhood Public Zones; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined
that it complies with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL.
1. Property described below is hereby reclassified from its current zoning designation of County
Agricultural Residential (AR) to Neighborhood Public Zone (P-1 ):
LEGAL DESCRIPTION
COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 79
NORTH, RANGE 6 WEST OF THE 5TH PRINCPAL MERIDIAN, JOHNSON COUNTY,
IOWA; THENCE N90°00'00"W, ALONG THE NORTH LINE OF THE NORTHEAST ONE-
QUARTER OF THE NORTHEAST ONE-QUARTER AND ALONG THE NORTH LINE OF
GOVERNMENT LOT 1 OF SAID SECTION 27, A DISTANCE OF 1474.73 FEET TO THE
CENTERLINE OF SAND ROAD NE AND THE POINT OF BEGINNING; THENCE
S24°04'57"E, ALONG SAID CENTERLINE, 124.61 FEET; THENCE S38°07'08"E,
ALONG SAID CENTERLINE, 20.62 FEET; THENCE S24°04'57"E, ALONG SAID
CENTERLINE, 1892.14 FEET; THENCE SOUTHEASTERLY, 1046.04 FEET ALONG
SAID CENTERLINE AND AN ARC OF A 7200.41 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY, WHOSE 1045.14 FOOT CHORD BEARS S19°55'14"E TO A
POINT ON THE NORTHEASTERLY EXTENSION OF THE SOUTHERLY LINE OF A
TRACT OF LAND SHOWN ON A PLAT OF SURVEY (RETRACEMENT) TO JOHNSON
COUNTY, IOWA AS RECORDED IN PLAT BOOK 52 AT PAGE 301 IN THE RECORDS
OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S75°16'20"W, ALONG
SAID. NORTHEASTERLY EXTENDED LINE AND ALONG SAID SOUTHERLY LINE,
960.95 FEET; THENCE N84°47'43"W, ALONG SAID SOUTHERLY LINE, 483.66 FEET;
THENCE S84°01'24"W, ALONG SAID SOUTHERLY LINE, 235.12 FEET; THENCE
S78°40'52"W ALONG SAID SOUTHERLY LINE, 542.38 FEET; THENCE N82°22'41 "W,
ALONG SAID SOUTHERLY LINE, 556.75 FEET; THENCE N86°17'58"W, ALONG SAID
SOUTHERLY LINE, 263.07 FEET TO THE SOUTHWEST CORNER OF SAID TRACT
OF LAND; THENCE N03°29'02"W, ALONG THE WESTERLY LINE OF SAID TRACT OF
LAND, 767.52 FEET TO THE SOUTHEAST CORNER OF AUDITOR'S PARCEL
2008003 AS RECORDED IN PLAT BOOK 53 AT PAGE 49 IN SAID RECORDER'S
RECORDS; THENCE S89°56'52"W, ALONG THE SOUTHERLY LINE OF SAID
AUDITOR'S PARCEL 2008003, A DISTANCE OF 474.3 FEET MORE OR LESS TO THE
Ordinance No. 1 g_4~~ ~
Page 2
EASTERLY (LEFT) TOP OF BANK (MEAN HIGH WATER MARK) OF THE IOWA
RIVER; THENCE NORTHWESTERLY, ALONG SAID TOP OF BANK, FOLLOWING AS
CLOSELY AS PRACTICABLE THE SINUOSITIES OF THE BANK, 1156 FEET, MORE
OR LESS TO THE NORTHWEST CORNER OF SAID AUDITOR'S PARCEL 2008003;
THENCE NORTHEASTERLY, ALONG SAID TOP OF BANK, FOLLOWING AS
CLOSELY AS PRACTICABLE THE SINUOSITIES OF THE BANK, 1732 FEET, MORE
OR LESS TO ITS INTERSECTION WITH THE NORTH LINE OF GOVERNMENT LOT 1
IN SAID SECTION 27; THENCE S90°00'00"E, ALONG THE NORTH LINE OF SAID
GOVERNMENT LOT 1, A DISTANCE OF 1693 FEET MORE OR LESS TO THE POINT
OF BEGINNING, CONTAINING 207 ACRES MORE OR LESS AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the City's expense, upon the final passage,
approval and publication of this ordinance, as provided bylaw.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided bylaw.
Passed and approved this 16 th day of November
1.~C~r~_
MAYOR
2010.
ATTEST:
CITY ERK
Approved by
i
City Attorney's Office iU/7y~~ ~
Ordinance No. 10-4413
Page 3
It was moved by Wilburn and seconded by Champion that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
x Champion
x Dickens
x Hayek
x Mims
x Wilburn
x Wright
First Consideration 10/26/2010
Vote for passage: AYES: Dickens, Hayek, Mims, Wright, Bailey, Champion.
NAYS: None. ABSENT: Wilburn.
Second Consideration ----------------
Vote for passage:
Date published 11/24/2010
red by Wilburn, seconded by Champion, that the rule requiring ordinances to be considered and
~ted on for passage at two Council meetings prior to the meeting at which it is to be finally
issed be suspended, the second consideration and vote be waived and the ordinance be voted upon
.or final passage at this time. AYES: Champion, Dickens, Hayek, Wilburn, Wright, Bailey.
BAYS: None. ABSENT: Mims.
~~ ~ ~:~
Prepared by: Julie Tallman, Development Regulations Specialist, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO. 10-4414
AN ORDINANCE AMENDING TITLE 14, CHAPTER 5, ARTICLE J: FLOODPLAIN MANAGEMENT
STANDARDS TO REGULATE THE 100 AND 500 YEAR FLOODPLAIN AND ASSOCIATED
CHANGES TO 14-9F "FLOODPLAIN MANAGEMENT DEFINITIONS," 14-4B-2 VARIANCES AND 14-
86-5: FLOODPLAIN DEVELOPMENT PERMIT.
WHEREAS, the City currently regulates development in the 100-year floodplain pursuant to the
floodplain management standards detailed in Title 14, Chapter 5, Article J of the City Code of Ordinances;
and
WHEREAS flood events of 1993 and 2008 caused catastrophic damage to private property and public
infrastructure in both the 100-year and 500-year floodplain; and
WHEREAS, such flood events caused a substantial risk to the public health, safety and welfare of the
community; and
WHEREAS, the City has been awarded, to date, approximately $15,000,000 in federal and state
grants to repair, replace or purchase flood-damaged public facilities and private homes within the 500-year
floodplain; and
WHEREAS, the 2007 Johnson County, Iowa and Incorporated Areas Flood Insurance Study
established reliable flood forecasting tools to use in predicting the reach of both the 100-year and the 500-
yearflood hazard levels; and
WHEREAS, the terms "100 year flood event" and "500 year flood event" mislead the public regarding
the actual, annual risk of investing in a flood hazard area and should therefore be redefined and
considered together as a "flood hazard area" to reflect the increased risk of flooding in these areas; and
WHEREAS, in order to mitigate the risks of future flood events, the City finds it in the public interest to
adopt floodplain regulations to regulate development within the flood hazard area; to require that certain
critical facilities, such as hospitals and jails, remain accessible during such a flood event; and to allow for a
variance from these standards in certain situations; and
WHEREAS, the Iowa Department of Natural Resources has reviewed and approved the amended
ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows:
A. By repealing 14-4B-2A(4) and substituting in lieu thereof as follows:
4. The owner's situation is unique or peculiar to the property in question, and the situation is
not shared with other landowners in the area nor due to general conditions in the
neighborhood, except when a variance from a floodplain management standard is requested
per 14-5J-9; and
B. By repealing 14-5J in its entirety and substituting in lieu thereof the attached Article 14-5J; and
C. By repealing 14-86-5 in its entirety and substituting in lieu thereof the attached Section 14-86-5;
and
D. By repealing 14-9F in its entirety and substituting in lieu thereof the attached Article 14-9F.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION IV. 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.
Ordinance No. 10-4414
Page 2
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication.
Passed and approved thisl6th day of November , 20 10
_ `?CI -_
MAYOR
ATTEST: ~ .~--1~~~`~
CITY C RK
Approved by
~~~~'~
City Attorney's Office `~ I Zv ~~ ~
Ordinance No. 10-4414
Page 3
It was moved by Wilburn and seconded by Wrieht that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
Dickens
x Hayek
x Mims
~- Wilburn
x Wright
First Consideration 10/26/2010
Vote forpaSSage: AYES: Hayek, Mims, Wright, Bailey, Champion, Dickens.
NAYS: None. ABSENT: Wilburn.
Second Consideration -----------------
Vote for passage:
Date published 11/24/2010
Moved by Wilburn, seconded by Bailey, 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: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens.
NAYS: None. ABSENT: None.
14-4B-2: VARIANCES:
The board of adjustment is empowered to grant variances from the provisions of
this title that will not be contrary to the public interest when, owing to unique
circumstances or conditions, a literal interpretation of this title would deprive the
applicant of rights commonly enjoyed by other properties in the zoning district
under the terms of this title and would impose unnecessary and undue hardship
on the applicant. 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 title shall
be granted by the board unless the applicant demonstrates that all of the
following approval criteria are met. The procedures for obtaining a variance are
set forth in chapter 8, article C, "Board Of Adjustment Approval Procedures", of
this title.
A. Approval Criteria:
1. The proposed variance will not threaten neighborhood integrity, nor have a
substantially adverse effect on the use or value of other properties in the area
adjacent to the property included in the variance; and
2. The proposed variance will be in harmony with the general purpose and intent of
this title and will not contravene the objectives of the comprehensive plan, as
amended; and
3. The property in question cannot yield a reasonable return if required to comply
with the requirements and standards specified in this title; and
4. The owner's situation is unique or peculiar to the property in question, and the
situation is not shared with other landowners in the area nor due to general
conditions in the neighborhood, except when a variance from a floodplain
management standard is requested per 14-5J-9; and
5. The hardship is not of the landowner's or applicant's own making or that of a
predecessor in title.
B. Use Variance Prohibited: Under no circumstance may the board grant a
variance that would allow a land use, other than those specifically allowed in
the zoning district in which the subject property is located.
C. Burden Of Proof: The applicant bears the burden of proof and must support
each of the approval criteria by a preponderance of the evidence.
D. Precedents: The granting of a variance is not grounds for granting other
variances for the same or differing properties. (Ord. 05-4186, 12-15-2005)
Article ). Floodplain Management Standards
~~
The purpose of this Article 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 Article 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. Application of Provisions
The regulations within this article apply to all lands identified in the "Johnson
County, Iowa, and Incorporated Areas Flood Insurance Rate Map", dated February
16, 2007. The Johnson County, Iowa and Incorporated Areas Flood Insurance
Study", as amended, is hereby adopted by reference and is made a part of this
article for the purpose of administering floodplain management regulations.
B. Minimum Requirements
The provisions of this Article are considered minimum requirements and will be
liberally construed in favor of the governing body and will not be deemed a
limitation or repeal of any other powers granted by State statutes.
C. Abrogation and Greater Restrictions
It is not intended by this Article to repeal, abrogate or impair any existing
easements, covenants or deed restrictions. However, where this Article imposes
greater restrictions, the provisions of this Article shall prevail. Where more specific
provisions herein conflict with other provisions of this Title, this Article shall prevail.
14-57-3 Legal Authority and Findings of Fact
A. Legal Authority
Chapter 455B, Code 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 Article relies upon engineering methodology for analyzing flood hazards,
which is consistent with the standards established by the Iowa Department of
Natural Resources or its assignee.
A. Except as provided in subsection B, below, 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 Article.
B. If a structure that is not in compliance with the provisions of this Article 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 Article, provided such improvements do not constitute a
substantial improvement as defined in Article 14-9F, of this Title, Floodplain
Management Definitions. However, structures, uses, or development that are
nonconforming with regard to other provisions of this Title must comply with the
applicable regulations contained in Article 14-4E, Nonconforming Situations.
A. Enforcement Official Designated
The Building Official shall administer and enforce the provisions of this Article.
B. Duties and Responsibilities
Duties and responsibilities of the Building Official include, but are not necessarily
limited to the following:
1. Record and maintain a record of the elevation (in relation to National Geodetic
Vertical Datum) of the lowest floor of all new or substantially improved
buildings or the elevation to which new or substantially improved structures
have been floodproofed.
2. Notify adjacent communities or counties and the Iowa Department of Natural
Resources, or its assignee, prior to any proposed alteration or relocation of a
watercourse.
3. Keep a record of all permits, appeals, variances and other such transactions
and correspondence pertaining to the administration of this Article.
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 Article 14-
86, Administrative Approval Procedures. 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
Department of Natural Resources.
B. Compliance
Floodplain Development Permits based on approved plans and applications
authorize only the use, arrangement, and construction set forth in such approved
plans and applications. Prior to use or occupancy of any structure, the applicant
will be required to submit certification by a professional engineer or land surveyor,
registered in the State, that the finished fill, building floor elevations, floodproofing
or other flood protection measures were accomplished in compliance with the
provisions of this Article. Any use, arrangement or construction not in compliance
with the uses authorized will be deemed a violation of this Article.
All properties subject to the regulations of this Article must comply with the following
applicable performance standards.
A. General Construction Requirements
All structures shall be:
1. 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.
B. Class I Critical Facilities
1. Class I Critical Facilities may not be located within a flood hazard area.
2. Class I Critical Facilities must be located with a means of vehicular access that
will remain passable during occurrence of the 0.2% flood event.
C. Residential Buildings
1. All new or substantially improved residential structures must have the lowest
floor of the original structure and any lateral addition elevated a minimum of
one foot above the flood hazard elevation.
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.
D. Nonresidential Buildings
1. All new or substantially improved nonresidential buildings must have the
lowest floor of the original structure and any lateral addition elevated a
minimum of one foot above the flood hazard elevation or, together with
attendant utility and sanitary systems, be floodproofed to such a level.
2. When floodproofing is utilized, a professional engineer registered in the State
shall certify that the floodproofing methods used are adequate to withstand
the flood depths, pressures, velocities, impact and uplift forces and other
factors associated with the flood hazard, and that the structure below the
flood hazard elevation is watertight with walls substantially impermeable to
the passage of water. Such certification must also indicate the specific
elevation, in relation to National Geodetic Vertical Datum, to which any
structures are floodproofed. A record of this certification will be retained in
the office of the Building Official.
E. All New and Substantially Improved Structures
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 flood waters. 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 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 above grade.
c. Openings shall permit the automatic entry and exit of floodwaters.
2. New and substantially improved structures must be designed or modified and
adequately anchored to prevent flotation, collapse or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including the
effects of buoyancy.
3. New and substantially improved structures must be constructed with
electrical, heating, ventilation, plumbing and air-conditioning equipment and
other service facilities elevated or floodproofed to one foot above the flood
hazard elevation.
F. Manufactured Housing
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.
2. Elevated on a permanent foundation such that the lowest floor of the
structure is a minimum of one foot above the flood hazard elevation.
G. Utility and Sanitary Systems
1. All new or replacement on-site 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 must be provided
with a level of protection equal to or greater than one foot 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.
H. 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
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 flood waters or;
2. be readily removable from the area within the time available after flood
warning.
I. 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 3 feet of design freeboard and must provide for adequate interior drainage. In
addition, flood control structural works must be approved by the Iowa Department
of Natural Resources or its assignee.
J. Inhibiting Floodways and Drainage Facilities
No use shall affect the capacity or conveyance of the channel or floodway of any
tributary to the main stream, drainage ditch or other drainage facility or system.
K. Subdivisions
1. Subdivisions and Planned Developments, including manufactured housing
parks, 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 City Engineer.
Development associated with subdivision proposals (including the installation
of public utilities) shall meet the applicable performance standards of this
Ordinance. 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 1%
flood event.
2. Proposals for subdivisions shall include the flood hazard elevation data for
those areas located within flood hazard areas.
L. Residential Accessory Structures
The exemption of detached garages, sheds and similar structures from the flood
elevation requirements 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 flood elevation
requirements when all of the following conditions exist:
1. The structure is not used for human habitation.
2. The structure is designed so as to have low flood damage potential.
3. The structure is constructed and placed on the building site so as to offer
minimum resistance to the flow of flood waters.
4. The structure is firmly anchored to prevent flotation, which may result in
damage to other structures.
5. The service facilities for the structure, such as electrical and heating
equipment, are elevated or floodproofed to at least one foot above the flood
hazard elevation.
6. There shall be a minimum of 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.
7. 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 above
grade.
8. Openings shall permit the automatic entry and exit of floodwaters.
M. Recreational Vehicles
1. Recreational Vehicles are exempt from the requirements of Section 14-5J-7(f)
of this Article 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 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 180
consecutive days or are not ready for highway use. must satisfy requirements
of 14-5J-7(F) of this Article regarding anchoring and elevation of manufactured
homes.
~ - ~ ~ i ~ ~
In addition to the general floodplain standards listed above, uses within the floodway
must meet the following applicable standards.
A. No use is permitted in the floodway that would increase the 1% flood hazard
elevation, unless approved by the Iowa Department of Natural Resources or its
assignee.
B. All uses 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 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 and sanitary and utility systems, if permitted, must meet the
applicable general Floodplain management standards and must be constructed and
aligned to present the minimum possible resistance to flood flows.
E. Buildings, 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 Department of Natural 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 no floodway data has been provided, the Iowa Department of Natural
Resources or its assignee shall be contacted to provide a floodway delineation.
Where floodway data is not available, it shall be the responsibility of the permittee
to produce engineered data delineating the floodway.
•
The Board of Adjustment may authorize, upon request, in specific cases, such variances
from the terms of this Article that will not be contrary to the public interest where,
owing to special conditions, a literal enforcement of the provisions of this Article will
result in unnecessary and undue hardship. To ensure that the spirit of the ordinance is
observed and substantial justice done, no variance to the strict application of any
provision of this Article 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 Article 14-4B,
Minor Modifications, Variances, Special Exceptions, and Provisional Uses, except 14-4B-
2a4.
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
Department of Natural 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 cases 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
Department of Natural Resources or its assignee.
B. Factors for Consideration
When considering applications for variances, the Board of Adjustment will consider
all relevant factors specified in other sections of this Article 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 Article.
C. Conditions of Approval
Upon consideration of the factors and approval criteria listed above, the Board of
Adjustment 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 Article.
The regulations and standards set forth in this Article 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 Department of
Natural Resources or its assignee.
~ ~ ~ ~ ~
The degree of flood protection required by this Article 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 human-made or
natural causes, such as ice jams and bridge openings restricted by debris. This Article
does not imply that areas outside the regulated areas will be free from flooding or flood
damages. This Article does not imply that uses permitted within the regulated areas will
be free from flooding or flood damages. This Article 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 Article or any administrative decision lawfully made hereunder.
14-8B-5: FLOODPLAIN DEVELOPMENT PERMIT:
A. Permit Required: A floodplain development permit issued by the building
official shall be secured prior to initiation of any development on a tract of land
within a flood hazard area.
B. Submittal Requirements: The building official may require the following
information:
1. Description of the work to be covered by the permit.
2. Description of the land on which the proposed work is to be done (i.e., lot, block,
tract, street address or similar description) that will readily identify and locate the
work to be done.
3. Indication of the use or occupancy for which the proposed work is intended.
4. Elevation of the flood hazard event. Where flood elevation data is not provided
in the Flood Insurance Study, the applicant shall contact the Iowa Department of
Natural Resources to obtain such data.
5. Elevation in relation to national geodetic vertical datum of the lowest floor,
including basement, of buildings or of the level to which a building is to be
floodproofed.
6. For buildings being improved or rebuilt, the estimated cost of improvements and
market value of the building prior to the improvements.
7. Such other information as the building official deems reasonably necessary for
the purpose of determining compliance with the requirements of chapter 5, article
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, article 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 board of
adjustment according to the approval criteria for such variances set forth in
chapter 5, article J of this title. (Ord. 05-4186, 12-15-2005)
Article F. Floodplain Management Definitions
As used in Article 14-5J, Floodplain Management Standards, the following definitions
shall apply. The General Definitions contained in Article A of this Chapter shall apply to
all terms used in Article 14-5J that are not defined below.
100-YEAR FLOOD EVENT: A flood, the magnitude of which has a one percent
chance of being equaled or exceeded in any given year or which, on the
average, will be equaled or exceeded at least once every 100 years.
500-YEAR FLOOD EVENT: A flood, the magnitude of which has atwo-tenths
percent chance of being equaled or exceeded in any given year or which, on
the average, will be equaled or exceeded at least once every 500 years.
1% ANNUAL 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 FLOOD EVENT: The predicted level of flooding with atwo-tenths
(0.2%) chance of being equaled or exceeded in any given year (formerly
known as the 500-year flood event).
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).
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
insfrastructure 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, filling, grading, paving, excavation or drilling operations.
Development is considered to commence with either the first placement or
permanent construction of a structure on a site, such as pouring of a slab or
footings, the installation of pile, the construction of columns, or any work
beyond the stage of excavation; or the placement of a factory-built home on a
foundation.
FLOOD: A general and temporary condition of partial or complete inundation of
normally dry land areas resulting from the overtlow 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 re-direct 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 1% likelihood of
occurring in any given year. The 0.2% flood elevation is the elevation of
floodwaters with a 0.2% likelihood of occurring in any given year. In areas of
shallow flooding, there is a 1% or greater annual chance of flooding to an
elevation specified on the Flood Insurance Rate Map.
FLOOD HAZARD AREA: Land that is shaded and identified as "AE", "X" or "AH"
on the Flood Insurance Rate Map.
FLOOD HAZARD ELEVATION: In AE zones, the elevation of the 0.2% flood as
profiled in the Flood Insurance Study for Johnson County, Iowa. In areas of
shallow flooding, the elevation of the flood as illustrated on the Flood
Insurance Rate Map.
FLOOD INSURANCE RATE MAP: 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: A study initiated, funded and published by the
federal insurance administration for the purpose of evaluating, in detail, the
existence and severity of flood hazards, providing the city with the necessary
information for adopting a floodplain management program and establishing
actuarial flood insurance rates.
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 1% likelihood of flooding. The 0.2%
floodplain is the area of land that, in any given year, has a 0.2% likelihood of
flooding. In areas of shallow flooding, there is a 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 so that confinement of floodwaters to the floodway
area will not result in substantially higher flood elevation.
FLOODWAY FRINGE: Those portions of the floodplain, other than the floodway,
which can be filled, leveed or otherwise obstructed without causing
substantially higher flood elevations.
LOWEST FLOOR: The floor of the lowest enclosed area in a building, including a
basement, except when all the following criteria are met:
• the enclosed area is designed to flood to equalize hydrostatic pressure
during floods with walls or openings that satisfy the provisions of 14-5J-7E
of this Title; and
• 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
• machinery and service facilities (e.g. hot water heater, furnace, electrical
service) contained in the enclosed area are located at least one foot above
the flood hazard elevation; and
• the floor is not below grade on all sides.
MANUFACTURED HOUSING: Any structure designed for residential use which is
wholly or in substantial part, made, fabricated, formed or assembled in
manufacturing facilities for installation or assembly and installation on fi
building site. For the purposes of Article 14-5J, Floodplain Management,
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 180
consecutive days.
MANUFACTURED HOUSING PARK: A parcel or contiguous parcels of land
divided into two or more manufactured housing lots for rent or sale.
NEW CONSTRUCTION OF NEW BUILDINGS, MANUFACTURED HOUSING
PARKS: Those structures or development that began construction after May
2, 1977.
RECREATIONAL VEHICLE: A vehicle which is:
• built on a single chassis;
• four hundred (400) square feet or less when measured at the largest
horizontal projection;
• designed to be self-propelled or permanently towable by a light duty
truck; and
• 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 (1) and three (3)
feet, and with water surface elevations determined.
STRUCTURE: Anything constructed or installed on the ground or attached to the
ground, including, but not limited to buildings, factories, sheds, cabins,
manufactured housing, storage tanks and similar.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure where
the cost of restoring the structure to its pre-damaged condition would equal
or exceed 50 percent of the assessed or market value as established by an
appraisal paid for at the owner's expense, whichever is greater.
SUBSTANTIAL IMPROVEMENT: Any improvement to a structure that satisfies
either of the following criteria:
• Any repair, reconstruction or improvement of a structure, the cost of
which equals or exceeds fifty percent 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 state or local health, sanitary or safety
code specifications which are solely necessary to assure safe conditions for
the existing use.
• Any addition which increases the original floor area of a building by 25
percent 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 25 percent.
Prepared by: Marian Karr, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5041
ORDINANCE NO. ______-
ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS,"
CHAPTER 2, ENTITLED "TAXICABS"~ NGE DRIVER AUTHORIZAT ONSDTO BE VALID
AUTHORIZATION; RENEWALS TO CHA
FOR ONE YEAR AND PLACE RESPON AND THE OXICABI BTUSINNESSA VALID IOWA
CHAUFFEUR'S LICENSE ON THE DRIVER
WHEREAS, City Code section 5-21 OBbplresent ygprovides thatt he dr ver author zat on is valid for one
WHEREAS, City
year or the remaining period of the license if less than one year, and
WHEREAS, the State of Iowa recently implemented a new procedure for issuance and/pr reNel hathe
drivers license providing a 30 da Cit apsecond time w t hthe f nal I ssued Ilicenserland to a ply
temporary license and return to the y rovision that allows for dnver
WHEREAS, because all licenses are now valid for only 30 days, the p
authorization to be vathe resu ons bility of Ithe d everda d the tax cabhbusn ess toeensuaedthat each driver
WHEREAS, it is p
does have and maintain a valid Iowa chauffeur's license at all times.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OCh Iptef ID entitled
SECTION I. AMENDMENTS. Title 5, entitled Business and License Regulations,
Taxicabs, Section 10, "Terms of Decals and Authorization; Renewals," is hereby amended by deleting it
in its entirety and adding a new 5-2-10 as follows:
5-2-10: TERMS OF DECALS AND AUTHORIZATION; RENEWALS:
A. Taxicab business licenseon t ell last daydo~Feb uary r' They shall commence on March 1 or the date
of issuance, and shall expire
B. Driver authorization shall be valid for a period of one year from date of issuance.
C. Decals shall be valid for one year. They shall commence on March 1 or the date of issuance and
shall expire on the last day of February.
D. Renewals shall follow the same procedure as set for initial issuance.
E. Fees for licenses and decals shall be set by resolution of the City Council.
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 not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect upon publication.
2010.
Passed and approved this day of
MAYOR ATTEST:-
. CITY CLERK
Approve~~~~ ffi (et` - ~ ~ CG
Ordinance No.
Page
It was moved by and seconded by
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
that the Ordinance
First Consideration 11 / 16 // o~
Vote forpaSSage:AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims.
NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published