Loading...
HomeMy WebLinkAbout07-26-2010 Planning and Zoning Commission PLANNING AND ZONING COMMISSION Monday, July 26, 2010 - 6:00 PM WORK SESSION Iowa City City Hall Lobby Conference Room 410 E. Washington Street AGENDA: A. Presentation: Presentation on City of Iowa City Flood Recovery Efforts B. Code Amendment Item: Discussion of amendments to Title 14: Zoning Code, Article J. Floodplain Management Standards to regulate the 100 and 500 year floodplain and associated changes located in 14-9F Definitions, 14-48- 2 Variances and 14-88-5 Administrative Approval Procedures (Floodplain Development Permit). ~.~ CITY OF IOWA CITY MEMO TO: Planning and Zoning Commission ~. ....- FROM: Julie Tallman, Development Regulations Specialis DATE: 14July2010 \. RE: Proposed Floodplain Ordinance Amendments Thank you for your careful attention to the proposed changes, and your thoughtful questions. The purpose of this memo is to return to the discussion we began in June, confirm that your requested changes have been made and clarify the administrative options available to us in permitting "substantial improvements" to existing structures in the floodplain - specifically, lateral additions to existing residential buildings. Corrections/ChanQes 1. Throughout the four related chapters (Variances; Administrative Procedures; Floodplain Management Standards; and Definitions), inconsistent references have been cleaned up, largely om itting the use of the phrase" 1 OO-year flood". 2. Definitions still include "1 OO-year flood event" and "500-year flood event", though I have conflicting notes from our June meeting. I have a note that the definition of the 500-year flood event should be added; another note that the definition of 1 OO-year flood event should be omitted; a note that the definition of the 1 OO-year flood event should be kept and the 500-year flood event is not necessary. . . During the work session Monday, we can reach a decision on how to make a clear transition from statistical references to the more overarching concept of "flood hazard area". 3. Administrative language within "Definitions" has been moved to the administrative section "Floodplain Management Standards". Answers to Specific Questions 1. What happens to flood insurance premiums when there are changes in a mapped floodplain? a. First of all, it's important to remember that Iowa City's ordinance amendments, if adopted, will not change the mandatory flood insurance requirement for structures in the 1 % flood hazard area. There will not be a subsequent flood insurance requirement for structures in the 0.2% flood hazard area. b. Let's use Parkview Terrace (Normandy Drive) as an example. A home is built in 2001 with its lowest floor one foot above the 1985 mapped flood elevation. Flood insurance premiums are based on the structure's compliance with minimum elevation requirements. After 2002, the flood elevation for the Iowa River goes up a foot and the home is no lonQer in compliance with the elevation requirement. Premiums for the home owner do not change until 1 ) the home is sold and a new insurance policy is issued; or 2) the homeowner decides to refinance or switches lenders. Essentially, the 2001 homeowner maintains the grandfathered premium as long as s/he owns the home and doesn't make changes to the terms of her/his loan. 2. What happens if a home is damaged to 50% or more by a non-flood event, and has to be elevated to one foot above the flood hazard elevation, as that elevation is defined by the City of Iowa City? a. Homeowners' insurance varies from carrier to carrier, obviously. Using State Farm as an example, there is an automatic coverage built in to homeowners' policies for "Building Ordinance and Law". For a $250,000 policy, 10% ($25,000) is available for costs associated with elevating a substantially-damaged home in order to comply with local ordinances. b. According to a Consumer Affairs staffer in the Iowa Insurance Division, there is not a state requirement that homeowner policies sold in Iowa include coverage for compliance with new ordinances and laws. 3. Do the proposed changes reflect the purpose of the ordinance as enumerated in 14-5J-1? a. 14-5J-1 states that the purposes of the floodplain article are 1) 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; 2) reserve sufficient floodplain area for the conveyance of flood flows so that flood heights and velocities will not be increased substantially; 3) 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; 4) require that uses vulnerable to floods, including public utilities that serve such uses, be protected against flood damage; and 5) maintain eligibility for property owners to purchase flood insurance through the national flood insurance program. b. The proposed amendments are an improvement over the existing language in that they extend protection to those structures in the 0.2% flood hazard area while preserving the rights of Iowa City residents who currently live in a flood hazard area to remain in their homes, under guidelines that are designed to increase the degree of flood protection when significant investment is made in existing structures. The purpose language goes so far as to allow the City to prohibit uses that pose dangers to health and safety in times of flood, and the amendments include prohibitions against locating vulnerable populations or uses that increase the risk to emergency personnel during a flood evacuation. Finally, the amendments not only preserve Iowa City's eligibility to offer flood insurance to its residents, inasmuch as they surpass minimum standards set by FEMA, they will be a key factor in securing discounted flood insurance premiums for structures in Iowa City. 4. What have other communities done? Is Iowa City the only Iowa community to propose regulating in the 0.2% floodplain? a. As noted during our meeting, Cedar Falls amended their zoning ordinance and adopted the new elevation standard of one foot above the 0.2% flood elevation. I thought you would be interested in some of the other changes in their ordinance: 1) Subdivision plats are disallowed in any portion of the 500-yr floodplain. This means that only "existing lots" (those in existence on Jan 1, 2010) can be built upon or rebuilt. 2) FEMA Letters of Map Revision (LOMR), typically involving fill or other land altering activities, are not allowed. A LOMR is a federally-issued instrument that certifies a portion of land is removed from the flood hazard area because it's been filled. Cedar Falls has chosen to not recognize LOMRs. Cedar Falls' decision doesn't make the LOMR invalid, it just makes it irrelevant in Cedar Falls. 3) Letters of Map Amendment (LOMA) are still permitted, which are simply map corrections. A LOMA is a federally-issued instrument that certifies a portion of land was never in the flood hazard area by virtue of its natural elevation. 4) Fill is limited to three feet in height at anyone site and no more than 1/3 of any single parcel can be filled. If more than three feet of fill is required to achieve required building elevation, the structure must be elevated upon piers or raised foundation. Fill is only allowed underneath the elevated structure, the driveway providing access, and must extend out 18' from the structure's foundation. Filling also requires mitigation by removing an equal volume of fill from a comparable elevation within the 0.2% flood hazard area. 5) Detached accessory structures larger than 576 sq ft (basically a two-stall garage) must be elevated. Smaller accessory structures may be exempt from the elevation requirement if fitted with openings. 6) Nonconforming structures that are damaged to less than 50% offair market value may be reconstructed to the same elevation as before the damage occurred, if work begins within six months of the damage. If six months elapses before work is begun, the structure must be elevated to one foot above the 500-year flood level, reqardless of the amount of damaqe sustained. 7) A nonconforming structure that is damaged to 50% or more must be elevated to one foot above the 500-year flood hazard elevation. 5. At Parkview Terrace and Idyllwild, if the homes had been constructed with the finished floor one foot above the 0.2% flood hazard elevation, how many homes would have been damaged? 2 a. The best answer to this question is a qualified one; first of all, there would still have been damage in garages and if we want to imagine the best possible outcome we have to assume that all mechanical and utility equipment was also elevated to one foot above the 0.2% flood elevation, all crawl spaces were fitted with flood openings, etc. Here is what we know about the flood elevations: at its crest, the flood in June 2008 reached 655.8 at Parkview Terrace, and 655.2 at Idyllwild. The 0.2% flood elevation at Parkview ranges from 655.5 to 656 and at Idyllwild it ranges from 655-655.25 (Source: Flood Profiles Iowa River). Again, assuming that garages would be built at-grade and utility and mechanical equipment elevated at the same height as the first finished floor, the water would not have gotten inside the finished floors of either subdivision. 6. Are there forecasted impacts of Coralville's levee plan? a. I spoke with Bill Cappuccio at IDNR. My assumption was that the levee would be constructed in the floodway, and subject to "no-rise certification" which requires a licensed engineer to certify that proposed construction will not create any increase, however small, in the flood elevation. Bill informed me that the levee is NOT in the floodway and therefore the "no-rise certification" is not required. b. The delineation of floodplains and floodways uses a formula that allows for no more than a one-foot increase in flood elevation, with development on both sides of the channel occurring along the length of the floodway. There is a built-in assumption, therefore, that there will be an increase of not more than one foot in the flood elevation once a floodplain is fully developed to the outside edge of the floodway. Substantial Improvements 1. Again, substantial improvements are repairs and improvements that either a) increase the original (1977) floor area by 25% or more; or b) have a value of 50% or more of the structure's assessed value. 2. Substantial improvements require that the "lowest floor" be elevated to one foot above the flood hazard elevation. Customary practice has been that the "lowest floor" subject to the elevation requirement is the floor ofthe substantially-improved portion of the structure. a. For substantial improvements that are vertical (for example, a second-story addition), the existing lowest floor is subject to the elevation requirement. i. For homes with a basement, then, a second-story addition will likely require that the basement be filled in. ii. For homes built slab-on-grade, if the lowest floor is not already one foot above the flood hazard elevation, the home will have to be elevated. b. For substantial improvements that are lateral (for example, an addition to the front, side, or rear of the house) only the lowest floor of the lateral addition is subject to the elevation requirement, assuming that no repairs or improvements are proposed to the existing structure AND the wall between the existing structure and the addition is maintained. There may be a doorway constructed between the addition and the existing structure. 3. The decision we face is whether to continue with customary practice or adopt a new practice of requiring that even with lateral additions, substantial improvements will require elevation of the existing lowest floor whenever the existing lowest floor is less than one foot above the flood hazard elevation. 4. In a review of floodplain development permits between 2000 and 2008, there were 20 applications for "substantial improvements" (total applications were 288). Most of the applications (14) were for post-flood damages after June 2008. The remaining six were applications for lateral additions to residential structures. I reviewed these six cases as if we have adopted the practice of requiring the existing floor to be elevated in all cases. a. Two of the six would have required existing basements to be filled to top of grade. i. Of these two, one (1326 College) abandoned the project. The other (703 Normandy) was demolished after the 2008 flood. b. Four of the six already had the lowest floor elevated so there would have been no change in application of the ordinance. c. Of these four, 451 Rundell was originally built over a crawl space; 821 Eastmoor was slab-on-grade and was demolished after the 2008 flood; 703_4th Ave. and 711_4th Ave. were built slab-on-grade. 3 OPBNlNGS !,FE o"Jj AUitlOIl' ... ;.. . Must Be Elnale4 Figure 12- 4 Lateral additions to a residential building in an A Zone. ...~H::Jnj~~~..~.'~1nl.~(Ti<<;.~tct~~~egF~ Figure 12- 3 Substantially rehabilitated building elevated above the 1 OO-year flood elevation. 14-48-2: 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 manaqement 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 J. Floodplain Management Standards 14-5J-l Purpose 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. 14-5J-2 Applicability and Interpretation A. Application of Provisions The regulations within this article apply to all lands ~nd uses thZlt h~'v'e significZlnt flood h~z~rds. The identified in the "Johnson County, Iowa, and Incorporated Areas Flood Insurance Rate Map", dated February 16, 2007.:, , sh~1I be used to identify such flood h~z~rd ~re~s. All ~re~s shown thereon loc~ted 'Nithin the boundaries of the 100 '{e~r flood event ~re considered to h~'Je signific~nt flood h~z~rds. Where uncert~inty exists \\'ith respect to the precise loc~tion of the 100 '{e~r flood boundiJry, the loc~tion will be determined on the bZlsis of the 100 'fe~r flood c1ev~tion ~t the p~rticul~r site in question. It sh~1I be the responsibility of the property owner to obt~in the ~ccur~te ground c1evZltion inform~tion for comp~rison with the 100 year flood c1ev~tion. 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. Where 100 'fe~r flood d~t~ h~s not been pro'Jided in the flood insur~nce study, the Iovy'u Dep~rtment of N~tur~1 Resources or its ~ssignee sh~1I be cont~cted to compute such d~t~, or the city engineer sh~1I compute such d~t~. 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. 14-5J-3 Le al Authority and Findin s 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 successor assiqnee. 14-5J-4 Compliance with Provisions; Nonconformin Situations 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. 14-5J-5 Enforcement 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 flood proofed. 2. Notify adjacent communities or counties and the Iowa Department of Natural Resources, or its successor 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. 14-5J-6 Floodplain Development Permit A. Permit Required A Floodplain Development Permit, issued by the Building Official, must be obtained prior to initiation of any development on a parcel of land within the 100 year Floodplain a flood hazard area according to the applicable review and approval procedures contained in Article 14-8B, Administrative Approval Procedures. 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. 14-5J-7 General Floodplain Mana ement Standards 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 durino occurrence of the 0.2% flood event. C. Residential Buildings 1. All new or substantially improved residential structures must have the lowest floor, including basement, elevated a minimum of one foot above the .we- yeaf 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 of J speciJI exception by the BOJrd of Adjustment by the Building Official. In such a case. a licensed professional shall certify that the methods used will be ade~uate to support the structure as well as withstand the various forces and hazards associated with f1oodino. In such J cJse, convincing evidence must be presented to the BOJrd of Adju5tment thJt the methods used will be JdequJte to support the structure JS 'Nell JS 'vvithstJnd the vJrious forces Jnd hJzZlrds JssociJted '-"lith flooding. D. Nonresidential Buildings 1. All new or substantially improved nonresidential buildings must have the first floor, including basement, elevated a minimum of one foot above the .we- yeaf flood hazard elevation or, together with attendant utility and sanitary systems, be flood proofed to such a level. 2. When f1oodproofing is utilized, a professional engineer registered in the State shall certify that the f1oodproofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 100 yeJr flood hazard evem, and that the structure below the 100 yeJr 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 f1oodproofed. A record of this certification will be retained in the office of the Building Official. E. All New and Substantially Improved Structures 1. Fully enclosed areas below the "lowest floor" that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of 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 openinos shall be located on exterior walls such that the 1% flood elevation. or shallow flood elevation. is above the bottom of the openino. and in all cases the bottom of all openinos shall be no hioher than one foot above grade. c. Openings shall mJ'f bc equippcd 'Nith scrcens, louvers, VJlvcs or othcr covcrings or dcviccs, providcd thc opcnings 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 f1oodoroofed to one foot above the flood hazard elevation. thJt Jrc dcsigncd ~.md 10CJtcd so JS to prcvcnt WJtcr from cntcring or JccumulJting '.vithin thc componcnts during conditions of flooding. 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 100 YCJr 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 must be designed to minimize or eliminate infiltration of floodwaters into the system. Water supply facilities must be provided with a level of protection equal to or greater than one foot above the 100 YCJr 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 100 YCJr 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% 100 't'CJr 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 succcssor assionee. J. Inhibiting Floodways and Drainage Facilities No use shall affect the capacity or conveyance of the channel or f100dway of any tributary to the main stream, drainage ditch or other drainage facility or system. K. Subdivisions 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. 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 100 ycar 1% flood event. L. Residential Accessory Structures The exemption of detached garages, sheds and similar structures from the.we- yeaf 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 100 YCJr 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 f1oodproofed to at least one foot above the .we- yeaf flood hazard elevation. 6. There shall be a minimum of 2 openinos havino a total net area of not less than one souare inch for every souare foot of enclosed area subiect to f1oodino. The openinos 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 hioher than one foot above orade. 8. Openinos shall permit the automatic entry and exit of floodwaters. 14-5J-8 Special Floodway Provisions In addition to the general Floodplain standards listed above, uses within the f100dway must meet the following applicable standards. A. No use is permitted in the f100dway that would increase the 100 )'e~r 1% flood hazard elevation, unless approved by the Iowa Department of Natural Resources or its successor assionee. B. All uses within the f100dway 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 f100dway 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 6f 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 f100dway 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 successor assignee. H. Any fill or stream bank erosion control projects allowed in the f100dway 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 meanderino or due to action of flood flows. Where f100dway data has been provided in the flood insurance study, such data shall be used to define the f100dway limits. J. Where no f100dway data has been provided, the Iowa Department of Natural Resources or its successor assionee shall be contacted to provide a f100dway delineation. Where floodway data is not available, it shall be the responsibility of the permittee to produce engineered data delineatino the f1oodway. 14-5J-9 Variances 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 during the occurrence of the 100 ye~r flood event, unless approved by the Iowa Department of Natural Resources or its successor assiqnee. 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 successor assiqnee. 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 emerqency personnel if it is necessarv to evacuate the use/structure during a flood event. 5. 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. 14-5J-10 Amendments 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 successor assignee. 14-5J-11 Warnin and Disclaimer of Liability 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, including flood h~z~rd m~ps, or th~t uses permitted within the regul~ted ~re~s will be free from flooding or flood damages. This Article does not imolv that uses oermitted within the regulated areas will be free from flooding or flood damaoes. 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. 14-88-5: 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. the 100 year floodploin. B. Submittal Requirements: Application for a floodplain dovelopment permit sRaU be made on forms supplied by the building official and shall include The buildinq 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 (Le., 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 100 year flood evont flood hazard event. 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 flood proofed. 6. For buildings being improved or rebuilt, the estimated cost of improvements and market value of the building prior to the improvements. 7. Certification by a registored enginoer of the offoct the proposed dovolopmont will have on the floodplain pursuant to tho requiremonts of chapter 5. article J, "Floodplain Management Standards", of this titlo. This cortification requiremont may be 'Naived by the city ongineer in those instances 'lIhoro the city enginoor can make an adoquate dotormination of the offoct of tho proposod devolopment. All stream bank erosion control moasures involving loss than fivo hundred (500) linear feot along the channel and not extending more than three foot (3') into tho stream channol are exempt from the cortification requirement. 8. 7. Such other information as the building official deems reasonably necessary for the purpose of determining compliance with the requirements of chapter 5. article ,4, "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. lOO-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. SOO-YEAR FLOOD EVENT: A flood. the maanitude of which has a two-tenths percent chance of being eaualed or exceeded in any given year or which. on the averaae. will be eaualed or exceeded at least once every 500 years. 1 % ANNUAL FLOOD EVENT: The predicted level of flooding with a one percent (1%) chance of beina eaualed or exceeded in any aiven year (formerly known as the 100-Year flood event). 0.20/0 ANNUAL FLOOD EVENT: The predicted level of flooding with a two-tenths (0.2%) chance of being eaualed or exceeded in any aiven 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 FACILmES: Facilities that must remain accessible during the 0.2% flood event because they are the base of operations for emeraency responders. are particularly difficult to evacuate durina 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. iails. nursing homes. and other residential uses for persons with limited mobility and/or dependency upon life-sustainina medical eauipment. CRITICAL FACILmES: 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 functionina during a flood event. thouah 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 durina a flood event althouah they may be temporarily inaccessible or accessible only by watercraft during a flood event. DEVELOPMENT: Any human made 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. FLOOD: A general and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of streams or rivers or from the unusual and rapid runoff of surface waters from any source. FLOOD CONTROL STRUCTURAL WORKS: Barriers or storaoe 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 we- 'Ie~r flood c1ev~tion is the ele'(~tion of f1oodvtl~ters related to the occurrence of ~ 100 year flood event. 1% flood elevation is the elevation of floodwaters with a 1% likelihood of occurrino in any oiven year. The 0.2% flood elevation is the elevation of floodwaters with a 0.2% likelihood of occurrino in any given year. In areas of shallow flooding. there is a 1% or oreater 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: The elevation of the 0.2% flood as profiled in the Flood Insurance Study for Johnson County. Iowa. In areas of shallow f1oodino. 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 inst~nce, the 100 ye~r Floodplain in the ~rea of I~nd susceptible to being inund~ted by ~ 100 ye~r flood event. For instance. the 1% floodplain is the area of land that. in any given year. has a 1 % likelihood of f1oodino. The 0.2% floodplain is the area of land that. in any given year. has a 0.2% likelihood of f1oodino. In areas of shallow flooding. there is a 1% or oreater annual chance of flooding to a specified elevation. but a clearly defined channel does not exist. and the path of f1oodino 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, f1oodproofing 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 f100dway area will not result in substantially higher flood elevation. FLOODWAY FRINGE: Those portions of the Floodplain, other than the f1oodway, 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-7D 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 100 '(c~r flood hazard elevation; and . The area 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 a 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 J~nu~ry 1, 1978. Mav 2, 1977. SHALLOW FLOOD HAZARD AREA: Areas of soecial flood hazards havinq shallow water deoths and/or unoredictable flow oaths 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: Damaqe of any oriqin sustained bva structure where the cost of restoring the structure to its ore-damaged condition would equal or exceed 50 oercent of the assessed or market value as established bv an aooraisal oaid for at the owner's exoense, whichever is qreater. 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 bv 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 June 5, 1985 May 2, 1977 shall be added to any proposed addition in determining whether the total increase in original floor space would exceed 25 percent.