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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