Chapter 25.86 FLOOD PLAIN MANAGEMENT AND OVERLAY ZONES


Section 25.86.150 Administration.

    1. Appointment, Duties and Responsibilities of Zoning Administrator:
        a. A Zoning Administrator designated by the Director of Community Development shall administer and enforce this chapter and will herein be referred to as the Administrator.
        b. Duties and responsibilities of the Administrator shall include, but not necessarily be limited to, the following:
            (1) Review all flood plain development permit applications to insure that the provisions of this ordinance will be satisfied.
            (2) Review all flood plain development permit applications to assure that all necessary permits have been obtained from federal, state or local governmental agencies including approval when required from the Department of Natural Resources for flood plain construction.
            (3) Record and maintain a record of
                (A) the elevation (in relation to National Geodetic Vertical Datum) of the lowest floor of all new or substantially improved buildings or
                (B) the elevation to which new or substantially improved structures have been floodproofed.
            (4) Notify adjacent communities and/or counties and the Iowa Department of Natural Resources prior to any proposed alteration or relocation of a watercourse and submit evidence of such notifications to the Federal Emergency Management Agency.
            (5) Keep a record of all permits, appeals, variances and such other transactions and correspondence pertaining to the administration of this chapter.
            (6) Submit to the Federal Insurance Administrator an annual report concerning the community's participation, utilizing the annual report form supplied by the Federal Insurance Administrator.
            (7) Notify the Federal Insurance Administration of any annexations or modifications to the community's boundaries.
            (8) Review subdivision proposal to insure such proposals are consistent with the purpose of this chapter and advise the City Council of potential conflicts.
    2. Flood Plain Development Permit.
        a. Permit Required. A Flood Plain Development Permit issued by the Administrator shall be secured prior to initiation of any flood plain development (any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, filling, grading, paving, excavation or drilling operations) including the placement of factory-built homes.
        b. Application for Permit. Application for a Flood Plain Development Permit shall be made on forms supplied by the Administrator and shall include the following information:
            (1) Description of the work to be covered by the permit for which application is to be made.
            (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 100-year flood.
            (5) Elevation (in relation to National Geodetic Vertical Datum) of the lowest flood (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 Administrator deems reasonably necessary for the purpose of this ordinance.
        c. Action for Permit Application. The Administrator shall, within a reasonable time, make a determination as to whether the proposed flood plain development meets the applicable provisions and standards of this ordinance and shall approve or disapprove the application. For disapprovals, the applicant shall be informed, in writing, of the specific reasons therefore. The Administrator shall not issue permits for Conditional Uses or Variances except as directed by the Board of Adjustment.
        d. Construction and Use to be as Provided in Application and Plans. Flood Plain Development Permits issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter and shall be punishable as provided in Section 25.86.170. The applicant shall be required to submit certification by a professional engineer or land surveyor, as appropriate, registered in the State of Iowa, that the finished fill, building floor elevations, floodproofing, or other flood protection measures were accomplished in compliance with the provisions of this chapter, prior to the use or occupancy of any structure.
    3. Conditional Uses, Appeals, and Variances.
        a. Duties of Board of Adjustment. The Board of Adjustment shall hear and decide
            (1) Applications for conditional uses upon which the Board is authorized to pass under this chapter;
            (2) Appeals; and
            (3) Requests for variances to the provisions of this chapter; and shall take any other action which is required of the Board.
        b. Conditional Uses. Requests for conditional uses for land located within the General Flood Plain shall be submitted to the Administrator, who shall forward such to the Board of Adjustment for consideration. Such requests shall include information ordinarily submitted with applications as well as any additional information deemed necessary to the Board of Adjustment.
        c. Appeals. Where it is alleged there is any error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter, the aggrieved party may appeal such action. The notice of appeal shall be filed with the Board of Adjustment and with the official from which the appeal is taken and shall set forth the specific reason for the appeal. The official from whom the appeal is taken shall transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.
        d. Variances. The Board of Adjustment may authorize upon request in specific cases such variances from the terms of this chapter that will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship. Variances granted must meet the following applicable standards:
            (1) No variance shall be granted for any development within the Floodway District which would result in any increase in the 100-year level. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands.
            (2) Variances shall only be granted upon
                (A) A showing of good and sufficient cause,
                (B) A determination that failure to grant the variance would result in exceptional hardship to the applicant, and
                (C) A determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense; create nuisances, or cause fraud on or victimization of the public or conflict with existing local codes or ordinances.
            (3) Variance 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 chapter, the applicant shall be notified in writing over the signature of the Zoning Administrator that
                (A) The issuance of a variance will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and
                (B) Such construction increases risks to life and property.
            (5) All variances granted shall have the concurrence or approval of the Department of Natural Resources.
        e. Hearings and Decisions of the Board of Adjustment.
            (1) Hearings. Upon the filing with the Board of Adjustment of an appeal, an application for a Conditional Use or a request for a variance, the Board shall hold a public hearing. The Board shall fix a reasonable time for the hearing and give public notice thereof, as well as notice to parties in interest. At the hearing, any party may appear in person or by agent or attorney and present written or oral evidence. The Board may require the appellant or applicant to provide such information as is reasonably deemed necessary and may request the technical assistance and/or evaluation of a professional engineer or other expert person or agency, including the Department of Natural Resources.
            (2) Decisions. The Board shall arrive at a decision on an appeal, conditional use or variance within a reasonable time. In passing  upon an appeal, the Board may, so long as such action is in conformity with the provisions of this chapter, reverse, or affirm, wholly or in part, or modify the order, requirement, decision, or determination appealed from, and it shall make its decision, in writing, setting forth the findings of fact and the reasons for its decision. In granting a conditional use or variance, the Board shall consider such factors as contained in this section and all other relevant sections of this ordinance and may prescribe such conditions as contained in Section 25.86.150-3.e.(2)(B).
                (A) Factors Upon Which the Decision of the Board Shall be Based. In passing upon applications for conditional uses or requests for variances, the Board shall consider all relevant factors specified in other sections of this chapter and:
                    (i) The danger to life and property due to increased flood heights or velocities caused by encroachments.
                    (ii) The danger that materials may be swept on to other lands or downstream to the injury of others.
                    (iii) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.
                    (iv) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
                    (v) The importance of the services provided by the proposed facility to the community.
                    (vi) The requirements of the facility for a flood plain location.
                    (vii) The availability of alternative locations not subject to flooding for the proposed use.
                    (viii) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
                    (ix) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area.
                    (x) The safety of access to the property in times of flood for ordinary and emergency vehicles.
                    (xi) The expected heights, velocity, duration, rate of rise and sediment transport of the flood water expected at the site.
                    (xii) The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities (sewer, gas, electrical and water systems), facilities, streets and bridges.
                    (xiii) Such other factors which are relevant to the purpose of this chapter.
                (B) Conditions attached to conditional uses or variances. Upon consideration of the factors listed above, the Board may attach such conditions to the granting of conditional uses or variances as it deems necessary to further the purpose of this chapter. Such conditions may include, but not necessarily be limited to:
                    (i) Modification of waste disposal and water supply facilities.
                    (ii) Limitation on periods of use and operation.
                    (iii) Imposition of operational controls, sureties, and deed restrictions.
                    (iv) Requirements for construction of channel and modification, dikes, levees, and other protective measures, provided such are approved by the Iowa Department of Natural Resources and are deemed the only practical alternative to achieving the purposes of this ordinance.
                    (v) Floodproofing measures. Floodproofing measures shall be designed consistent with the flood protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The Board of Adjustment shall require that the applicant submit a plan for document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. Such floodproofing measures may include, but are not necessarily limited to the following:
                        (a) Anchorage to resist flotation and lateral movement.
                        (b) Installation of watertight doors, bulkheads, and shutters, or similar methods of construction.
                        (c) Reinforcement of walls to resist water pressures.
                        (d) Use of paints, membranes, or mortars to reduce seepage of water through walls.
                        (e) Addition of mass or weight structures to resist flotation.
                        (f) Installation of pumps to lower water levels in structures.
                        (g) Construction of water supply and waste treatment systems so as to prevent the entrance of flood waters.
                        (h) Pumping facilities or comparable practices for subsurface drainage systems for building to relieve external foundation wall and basement flood pressures.
                        (i) Construction to resist rupture or collapse caused by water pressure or floating debris.
                        (j) Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and stormwaters into the buildings or structures.
                        (k) Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to flooding. (Ord. 2001-0415; 89/T-7348)