HomeMy Public PortalAboutOrdinances-1994-185 •
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CITY OF TIFFIN, IOWA
FLOOD PLAIN MANAUMENT ORDINANCE (�
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SECTION I - Statutory Authority, Findings of Fact and Purpose
A. The Legislature of the State of Iowa. has in Chapter 364, Code of Iowa, as amended,
delegated the power to cities to exercise any power and perform any function it deems
appropriate to protect and preserve the rights, privileges and property of the city or of its
residents, and to preserve and improve the peace, safety, health, welfare, comfort,and
convenience of its residents.
B. Findings of Fact
1. The flood hazard areas of TIFFIN.,IN., IOWA 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
public health, safety and general welfare of the community.
2. These flood losses; hazards, and related adverse effects are caused by: (i)' The
occupancy of flood hazard areas by used vulnerable to flood damages which create
hazardous conditions as a result of being inadequately elevated or otherwise protecte'
from flooding and (ii) the cumulative effect of•obstructions on the flood plain causing
increases in flood heights and velocities.
. C. Statement of Purpose
° It is the purpose of this Ordinance-to protect and preserve the rights, privileges and property
of TIFFIN, IOWA and its residents and to preserve and improve the peace, safety, health,
welfare, and comfort and convenience of its residents by minimizing those flood losses
described in Section IBl of this Ordinance with provisions designed to:
1. Restrict or prohibit uses which are dangerous to health, safety or property in times of
flood or which cause excessive increases in flood heights or velocities.
2. Require that uses vulnerable to floods, including public facilities which serve such uses,
be protected against flood 'damage at the time of initial construction or substantial
improvement.
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3. Protect individuals from buying lands which may not be suited for intended purposes •
because of flood hazard.
4. Assure that eligibility is maintained for property owners in the community to purchasE,
�.: flood insurance through the National Flood Insurance Program.
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SECTION II - General Provisions OvA nanee Nc.ISS
A. Lands to Which Ordinance Apply
The provisions of this Ordinance shall apply to all areas having special flood hazards within
the jurisdiction of TIFFIN, JOWA . For the purpose of this Ordinance, the special flood
hazard areas are those areas designated as Zone A on the Flood Insurance Rate Map for the
City of TIFFIN, IOWA , as amended, which is hereby adopted and made a part of
this Ordinance.
B. Rules for Interpretation of Flood Hazard Boundaries
The boundaries of the Special Flood Hazard areas shall be determined by scaling distances on
the official Flood Insurance Rate Map. When an interpretation is needed as to the exact
location of a boundary, the (, CITY ENGINEER ) shall make the necessary
interpretation. The ( CITY COUNCIL__ ) shall hear and decide appeals
when it is alleged that there is an error in any requirement, decision, or determination made by
the CITY ENGINEER -
( E-- -- --_--- ) in the enforcement or administration of this
Ordinance.
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::. C. Compliance
No structure or land shall hereafter be used and no structure shall be located, extended,
converted or structurally altered without full compliance with the terms of this Ordinance and
other applicable regulations which apply to uses within the jurisdiction of this Ordinance.
D. Abrogation and Greater Restrictions
It is not intended by this Ordinance to repeal, abrogate'or impair any existing easements,
covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions,
the provision of this Ordinance shall prevail. All other ordinances inconsistent with this
Ordinance arc hereby repealed to the extent of the inconsistency only.
E. Interpretation
In their interpretation and application, the provisions, of this Ordinance shall be held to be
minimum requirements and shall be liberally construed in favor of the governing body and
shall not be deemed a limitation or repeal of any other powers granted by State statutes.
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/� • F. Warning and Disclaimer of Liability Ord1 t�iv,ce No ISg
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• The,standards required by this Ordinance are considered reasonable for regulatory purposes.
This Ordinance.does not imply that areas outside the designated special flood hazard areas will
be free from flooding or flood damages. This Ordinance shall not create liability on the part
of CITY 'OF;TIFFIN or any officer or employee thereof for any flood damages that from
reliance on this Ordinance or any administrative decision lawfully made thereunder.
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G. Severability . ,
If any section, clause, provision or portion of this Ordinance is adjudged unconstitutional or
invalid by, a court of competent jurisdiction, the remainder of this Ordinance shall not be
affected thereby.
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1 SECTION III - Flood Plain Management Standards .
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All uses must be consistent with the need to minimize flood damage and meet the following
i applicable performance standards. Where 100-year flood data has not been provided in the
Flood Insurance Rate Map, the Department of Natural Resources shall be contacted to compute
such data.
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A. All development within the special flood hazard areas shall:
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1. Be consistent-with the need to minimize flood damage.
2. Use construction methods and practices that will minimize flood damage.
3. Use construction materials and utility equipment that are resistant to flood damage.
4. Obtain all other necessary permits from federal, state and local governmental agencies
including approval when required from the Iowa Department of Natural Resources.
B. Residential buildings - All new or substantially improved residential structures shall have
' the lowest floor, including basement, elevated a minimum of one (1) foot above the 100-
year flood level. Construction shall be upon compacted fill which shall, at all points, be
no lower than 1.0 ft. above the 100-year flood level and extend at such elevation at least 18
feet beyond the limits of any structure erected thereon. r Alternate methods of elevating
(such as piers) may be allowed subject to favorable consideration by the City Council,
where existing topography, street grades, or other factors preclude elevating by fill. In
such cases, the methods used must be adequate to support the structure as well as withstand
the various forces and hazards associated with flooding.
All new residential structures shall be provided with��a:means of access which will be
Passable by wheeled vehicles during the 100-year flood.
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C. Non-residential_ buildings - All new or substantially improved non-residential buildings
shall have the lowest floor (including basement) elevated a minimum of one (1) foot above
the 100-year flood level, or together with attendant utility and sanitary systems, be
floodproofed to such a level. When floodproofing is utilized, a professional engineer
registered in the State of Iowa 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 100-year flood; and that the structure, below the 100-year
flood level is watertight with walls substantially impermeable to the passage of water. A
record of the certification indicating the specific elevation (in relation to National Geodetic
Vertical Datum) to which any structures are floodproofed shall be maintained by the
Administrator.
D. All new and substantially improved structures:
1. Fully enclosed areas below the "lowest floor" (not including basements):.that are subject
to flooding shall be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting
q this ,requirement must either be certified by a registered.professional engineer or meet
or exceed the following minimum criteria:
a. A minimum of two openings having a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding shall be provided.
b. The bottom of all openings shall be no higher than one foot above grade.
c. Openings may be equipped with screens, louvers, valves, or other coverings or
devices provided they 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 that
are designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
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.E. { Factory-built homes:
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1. Assure that all factory-built homes shall be anchored to resist floatation, collapse, or lateral
movement. Factory-built homes must be anchored in accordance with State laws, local building
codes and FEMA guidelines. In the event that over-the-top frame ties to ground anchors are used,
the following specific requirements (or their equivalent) shall be met:
(a) Over-the-top ties be provided at each of the four corners of the factory-built
d home with two additional ties per side at the intermediate locations and factory-built
homes less than 50 feet long requiring one additional tie per side.
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(b) Frame ties be provided at each corner of the home with five additional ties per
side at intermediate points and factory-built homes less than 50 feet long requiring
four additional ties per side.
(c) All components of the anchoring system be capable of carrying a force of 4,800
pounds.
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(d) Any additions to factory-built homes be similarly anchored.
2. Assure that all factory-built homes that are placed or substantially improved within Zone(s) A of
the community's FIRM on sites:
(a) Outside of a factory-built home park or subdivision,
b In a new facto built home park or subdivision,
( ) factory-built P
(c) In an expansion to an existing factory-built home park or subdivision, or
i (d) In an existing factory-built home park or subdivision on which a factory-built
home has incurred "substantial damage" as the result of a flood, be elevated on a
permanent foundation such that the lowest floor of the factory-built home is
elevated one foot above the base flood elevation and be securely anchored to an
adequate anchored foundation system in accordance with the provisions of Section
III.E.1.
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3. Assure that factory-built homes to be placed or substantially improved on sites in an existing
factory-built home park or subdivision with Zone A on the community's FIRM that are not subject
to the provisions of Section III.E.2 be elevated:so that either:
(a) The lowest floor of the factory-built home is one foot above the base flood
elevation, or
(b) The factory-built home chassis is supported be reinforced piers or other
"foundation elements of at least equal strength that are no less than 36 inches in
l I height above grade and be securely anchored to an adequately anchored
foundation system in accordance with the provisions of Section !ILEA.
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F. Utility and Sanitary System:
:1. On-site waste disposal and water supply systems shall be located or designed to avoid
impairment;to the system or contamination from the system during flooding.
2. All new and replacement sanitary sewage systems shall be designed to minimize and
eliminate infiltration of flood waters into the system as well as the discharge of effluent
into flood waters. Wastewater treatment facilities (other than on-site systems) shall be
provided with a level of flood protection equal to or greater than one (1) foot above the
100-year flood elevation.
3. New or replacement water supply'systems shall be designed to minimize or eliminate
infiltration of flood waters into the system. Water supply treatment facilities (other
than' on-site systems) shall be provided with a level of protection equal to or greater
than one (1) foot above the 100-year flood elevation.
4. Utilities'such as gas or electrical systems shall be located and constructed to minimize
or eliminate flood damage to the system and the 'risk associated with such flood
damaged or impaired systems.
G. 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 (1) foot above the 100-
year flood level. Other material and equipment must either be similarly elevated or (i) not
be subject to major flood' damage and be anchored to prevent movement due to flood
waters or (ii) be readily removable from the area within the time available after flood
warning.
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H. Flood contnl structural works such as levees,, flood walls, etc. shall provide,
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Minimum, protection from a 100-year flood with a minimtim of 3 ft. of design freebo
4 and shall provide for adequate interior drainage. In addition, structural flood control
works shall be approved by the Department of Natural Resources.
I. Watercourse alterations or relocations must be designed to maintain the flood within the
altered or relocated portion.
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J. Subdivisions (including factory-built home parks and subdivisions) shall be consistent with
the need to minimize flood damages and shall have adequate drainage provided to reduce
exposure to flood damage. Development associated with subdivision proposals (including
the installation of pubic utilities) shall meet the applicable'performance standards of this
Ordinance. Subdivision proposals intended for residential use shall provide all lots with a
means of access which will be passable by wheeled vehicles during the 100-year flood.
Proposals for subdivisions greater than five (5) acres or fifty (50) lots (whichever is less)
shall include 100-year flood elevation data for those areas located within the Special Flood
Hazard Area.
K. Accessory Structure)
1. Detached garages, sheds, and similar structures accessory•to a residential use are
exempt from the 100-year flood elevation requirements where the following crit
I are satisfied.
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{ a. The structure shall'not be used for human habitation.
b. The structure shall be designed to have low flood damage potential.
c. The structure shall be constructed and placed on the building site so as to offer
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minimum resistance to the flow of floodwaters.
i d. The structure shall be firmly anchored to prevent .flotation which may result in
damage to other structures.
e. The structure's service facilities such as electrical and heating equipment shall be
f elevated or floodproofed to at least one foot above the 100-year flood level.
2. Exemption from the 100-year flood elevation requirements for such a structure may
result in increased premium rates for flood insurance coverage of the structure and its
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L. Recreational Vehicles ►�(o. 85
1. Recreational vehicles area exempt from the requirements of Section III E of this
Ordinance regarding anchoring and elevation of factory-built 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
and are not ready for highway. use must satisfy requirements of Section III E of this
Ordinance regarding anchoring and elevation of factory-built homes.
M. Pipeline river and stream crossings shall be buried in the streambed and banks,. or
otherwise sufficiently protected to prevent rupture due to channel degradation and
meandering.
SECTION IV —Administration
A. Appointment, Duties and Responsibilities of Flood Plain Administrator
1. The MAYS is hereby appointed to,implement and administer the
provisions of this Ordinance and will herein be referred to as the Administrator.
2. Duties of the Administrator shall include, but not necessarily be limited to the
following:
a. Review all flood plain development permit applications to assure that the provisions
of this Ordinance will be satisfied.
b. Review flood plain development applications to assure that all necessary permits
have been obtained from federal, state and local governmental agencies including
• approval when required from the Department of Natural Resources for flood plain
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c. Record and maintain a record of the elevation (in relation to National Geodetic
Vertical Datum) of the lowest floor (including basement) of all new or substantially
improved structures in the special flood hazard area.
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d. Record and maintain a record of the elevation (in relation to National Geo
__Vertical datum) to which all new or substantially improved structures have LIF
floodproofed.
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e. Notify adjacent communities/counties and the 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.
f. Keep a record of all permits, appeals and tsuch other transactions and
,. correspondence pertaining to the administration of this Ordinance.
B. Flood Plain Development Permit
1. Permit Required - A Flood Plain Development Permit issued by the Administrator shall
be secured prior to any flood plain development (any man-made change to improve:
and 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.
2. Application for Permit - Application shall be made on forms furnished by the
Administrator and shall include the following:
a. Description of the work to be covered by the permit for which application is to
made.
b. Description of the land on which the proposed work is to be done (i.e., lot, block,
track, street address or similar 'description) that will readily identify and locate the
work to be done.
c. Indication of the use or occupancy for which the proposed work is intended.
d. Elevation of the 100-year flood.
e. 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.
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f. For buildings being improved or rebuilt, the estimated cost of improvements and
'market value of the building prior to the improvements.
g. Such other information as the Administrator deems.reasonably necessary (e.g.,
drawings or a site plan) for the purpose of this Ordinance.
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-3. Action on Permit Application - The Administrator shall, within a reasonable time,
make-a determination,as,,to whether the,proposed flood plain development meets the
• applicable 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 variances except as directed by.
the City Council.
4. Construction and Use to be as Provided in Application and Plans - Flood Plain
Development Permits based 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
Ordinance. 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 Ordinance, prior
to the use or occupancy of any structure.
C. Variance
1. The City Council may authorize upon request in specific cases such variances from the
terms of this Ordinance that will not be contrary to the public interest where, owing to
special conditions, a literal enforcement of the provisions of this Ordinance will result
in unnecessary hardship. Variances granted must meet the following applicable
standards.
a. Variances shall only be granted upon: (i) a showing of good and sufficient cause,
(ii) a determination that failure to grant the variance would result in exceptional
hardship to the applicant, and (iii) a determination that the granting of the variance
will not result in increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or victimization of
the public or conflict with existing local codes or ordinances..
b. Variances shall not be issued within any designated floodway if any increase in
flood,levels during thee100-year flood would result. 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.
c. Variances shall only be granted upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief. •
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d. In cases where the variance involves a lower level of flood protection for build'
- -than what is ordinarily required by this Ordinance, the applicant shall be nocifie_
writing over the signature of the Administrator that: (i) the issuance of a variance
will result in increased premium rates for flood insurance up to `amounts as high as
$�S for $100 of insurance coverage and (ii) such construction increases risks to life
and property.
2 f Factors Upon Which the Decision of the Council Shall be Based - In passing upon
applications for Variances, the Board shall consider all relevant factors specified in
other sections of this Ordinance and:
a. The danger to life and property due to increased flood heights or velocities caused
'by encroachments.
b. The danger that materials may be swept on to other land or downstream to the
injury of others.
c. The proposed water supply and sanitation systems and the ability of these systems
to prevent disease, contamination and unsanitary conditions.
d. The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner.
I e. The importance of the services provided by the proposed facility to the City.
f. The requirements of the facility for a flood plain location.
g. 'The availability of alternative locations not subject to flooding for the proposed use.
h. The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future.
i. The relationship of the proposed use to the comprehensive plan and flood plain
management program for the area.
Ij. The safety of access to the property in times of flood for ordinary and emergency
vehicles.
ik. The expected heights, velocity; duration, rate of rise'and sediment transport of the
flood water expected at the site. •
1. The cost of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities (sewer, gas, electrical and wa
systems), facilities, streets and bridges.
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• m. Such other factors which are relevant to the purpose of this Ordinance.
3. Conditions Attached td'Variances - Upon consideration of the factors listed above, the
Council-may attach such conditions to the granting of variances as it deems necessary
to further the purpose of this Ordinance. Such conditions may include, but not
necessarily be limited to:
a. Modification of waste disposal and water supply facilities.
b. Limitation of periods of use and operation.
c. Imposition of operational controls, sureties, and deed restrictions.
d. Requirements for construction of channel modifications, dikes, levees. and,other
protective measures, provided such are approved by the Department of Natural
Resources and are deemed the only practical alternative to achieving the purpose of
this Ordinance.
e. Floodproofing measures.
;a SECTION V - Nonconforming Uses
A. A structure or the use of a structure or premises which was lawful before the passage or
amendment of this Ordinance, but which is not in conformity with the provisions of this
Ordinance, may be continued subject to the following conditions:
1. If such use is discontinued for six (6) consecutive months, any future use of the
building premises shall conform to this Ordinance.
2. Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue
as nonconforming uses.
B. If any nonconforming use or structure is destroyed by any means, including flood, it shall
not be reconstructed if the cost is more than fifty (50) percent of the market value of the
structure before the damage occurred, except unless it is reconstructed in conformity with
the provisions of this Ordinance. This limitation does not include the cost of any alteration
to comply with existing state or local health, sanitary, building or safety codes or
regulations or the cost of any alteration of a structure listed on the National Register of
Historic Places, provided that the alteration shall not preclude its continued designation.
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SECTION W - Penalties for Violation •
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Violations of the provisions of this Ordinance or failure to comply with any of the
requirements-shall constitute a misdemeanor. Any.person who violates this Ordinance or fails:
to comply with any of its requirements shall upon conviction thereof be fined not more than
S ( % ..,v or imprisoned for not more than -j days. Nothing herein
contained prevent the city of TIF'F•IN, IOWA from taking such other lawful action as
is necessary to prevent or remedy violation.
SECTION VII - Amendments
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The regulations and standards set forth in this Ordinance may from time to,time be amended,
supplemented, changed, or repealed. No arricndment, supplement, change, or modification
shall be undertaken without prior approval of the Department of Natural Resources.
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SECTION VIII - Definitions
. Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted
so as to give them the meaning they have in common usage and to give this Ordinance its most
reasonable application.
BASE FLOOD - The flood having one (1) percent chance of being equaled or exceeded in any
given year. (See 100-year flood).
BASEMENT - Any enclosed area of a building which has its floor or lowest level below
ground level (subgrade) on all sides. Also see "lowest floor."
DEVELOPMENT - Any man-made change to improved or unimproved real estate, including
but not limited to building or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations. •-•
EXISTING CONSTRUCTION - Any structure for which the "start of construction"
commenced before the effective date of the community's Flood Insurance Rate Map. May
also be referred to as "existing structure".
EXISTING FACTORY-BUILT HOME PARK OR SUBDIVISION - A factory-built home
park or subdivision for which the construction of facilities for servicing the lots on which the
factory-built homes are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is
completed before the effective date of the effective date of flood plain management regulations
adopted by the community.
EXPANSION OF EXISTING FACTORY-BUILT HOME PARK OR SUBDIVISION - The
preparation of additional sites by the construction of facilities-for servicing the lots on which
the factory-built homes are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete pads).
FACTORY-BULL.T HOME - 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 purpose of this Ordinance
factory-built homes include mobile homes, manufactured homes and modular homes and also
includes'"recreational vehicles" which are placed on a site for greater than 180 consecutive
days and not fully licensed for and ready for highway use.
FACTORY-BUILT HOME PARK - A parcel or contiguous parcels of land divided into two or •
more factory-built home lots for sale or lease.
FLOOD - A general and temporary condition of partial or complete inundation of normally
dry land areas resulting froth the overflow of streams or rivers or from the unusual and rapid
runoff of surface waters from any source.
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FLOOD Fi .F.VATION - The elevation floodwaters would reach at a particular site during ..,e
occurrence of a specific flood. For instance, the 100-year flood elevation is the elevation of
flood waters-related to the occurrence of the 100-year flood.
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FLOOD. INSURANCE RATE MAP (FIRM) - The official map prepared as part of (but
published separately from) the Flood Insurance Study which delineates both the flood halard
areas and the risk premium zones applicable to the community:
FLOOD PLAIN - Any land area susceptible to being inundated by water as a result of a flood.
FLOOD PLAIN MANAGEMENT - An overall program of corrective and preventive
measures for reducing flood damages and promoting the wise use of flood plains, including but
not limited to emergency preparedness plans, flood control works, floodproofing and flood
plain 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 flood plains
adjoining the channel, which are reasonably required to carry and discharge flood wate r
flood flows so that confinement of flood flows to the floodway area will not cumulauv,,v
increase the water surface elevation of the base flood by more than one (1) foot.
FLOODWAY FRINGE - Those portions of the flood plain; other than the floodway, which
can t be filled, leveed, or otherwise obstructed without causing substantially higher flood levels
or flow velocities.
HISTORIC STRUCTURE - Any structure that is:
'a. Listed individually in the National Register of Historic Places, maintained by the
Department of Interior, or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing of the National Register;
b. Certified or preliminarily determined by the Secretary of the Interior as contributing to
the historical significance of a registered historic district or a district preliminarily
' determined by the Secretary to qualify as a registered historic district;
c. Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior; or,
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d. Individually listed on a local inventory of historic places in communities with historic
preservation programs'that"have been certified by either i) an approved state program as
determined by the Secretary of the'Interior or ii) directly by the Secretary of the
Interior-in states without approved programs.
LOWEST FLOOR - The floor of the lowest enclosed area-in a building including a basement
except when all the following criteria are met:
a. The enclosed area is designed,to flood to equalize hydrostatic pressure during floods
with walls or openings,that satisfy the provisions of Section IIID 1 of'this Ordinance
and
b. The enclosed area is unfinished (not carpeted, drywalled,'etc.) and used solely for low
damage potential uses such as building access, parking or storage, and
c. Machinery and service facilities (e.g., hot water heater, furnace, electrical service)
contained in the enclosed area are located at least one (1) foot above the 100-year flood
level, and
d. The enclosed area is not a "basement" as defined in this section.
r In cases where the lowest enclosed area satisfies criteria a,b,c, and d above, the lowest floor is
the floor of the next highest enclosed area that does not satisfy the criteria above.
NEW CONSTRUUUON - (new buildings, factory-built home parks) - Those structures or
development for which the'start of construction commenced on or after the effective date of
JULY 1, 1991.
NEW FACTORY-BUILT HOME PARK OR SUBDIVISION - A factory-built home park or
subdivision for which the construction of facilities for servicing the lots on which the factory-
built homes are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is
completed on or after the effective date of the effective date of flood plain management
regulations adopted by the community.
-E HUNDRED (100) YEAR FLOOD - A flood, the magnitude of which has a one (1)
• chance of being equaled or exceeded in any given year-or which, on the average, will
i or exceeded a least once every one hundred (100) years.
,1. •kL VEHICLE -A vehicle which is:
'e chassis;
(00) square feet or less when measured at the largest horizontal
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Orc;inci�ce �( (2,c
c. Designed to be self-propelled or permanently towable by a light duty truck; and
1 I
d. Designed primarily not for use as a permanent dwelling but as a temporary living
quarters for recreational, camping, travel, or seasonal use.
SPECIAL FLOOD HAZARD AREA - The land within a community subject to the "100-year
flood". This land is identified as Zone A on the community's Flood Insurance Rate Map.
START OF CONSTRUCTION - Includes substantial improvement, and means the date the
development permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement, was within 180 days
of the permit date. The actual start means either the first placement or permanent construction
of a structure on a site, such as pouring 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. Permanent construction does not include land preparation,
such as }clearing, grading and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings, piers, or foundations or the
erection of temporary forms; nor does it include the installation on the property' of accessory
buildings such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual start of construction means the first
alteration of any wall, ceiling, floor, or other structural part of the building, whether o
that alteration affects the external dimensions of the building.
STRUCTURE - Anything constructed or erected on the ground or attached to the ground,
including, but not limited to, buildings, factories, sheds, cabins, factor-built homes, storage
tanks, and other similar uses.
SUBSTANTIAL DAMAGE - Damage of any origin sustained by a structure whereby the cost
of restoring the structure to its before damage condition would equal or exceed fifty (50)
percent,of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT - Any improvement to a structure which satisfies either of
the following criteria:
1. Any repair, reconstruction, or improvement of a structure, the cost of which equals or
i exceeds fifty (50) percent of the market value of the structure either (i) before the "start
of construction" of the improvement , or (ii) if the structure has been "substantially
damaged" and is being restored, before the damage occurred. 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. The term also does not include any
alteration of an "historic structure", provided the alteration will not preclude
( structure's designation as an "historic structure".
cty_hi_b.doc - 16 -
Ord;v-)a � �o. 1
2. Any addition which .increases the original floor area of a building by 25 percent or
more-.. All addition?constructed after JULY 1, 1991 shall be added to any
proposed addition in determining whether the total increase in original floor space
would exceed 25 percent.
VARIANCE - A grant of relief by a community from the terms of the flood plain management
regulations.
VIOLATION - The failure of a structure or other development to be fully compliant with the
community's flood plain management regulations.
•
• 'ADOPTED AND PASSED by the City Council of the City of TIFFIN, IOWA
this //1- day of /1qn c/ , 199'/.
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Mayor
Seal of City .
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• Attest:
✓
;
i(") City Clerk
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Note: All Ordinances must be properly certified.
cry_hr_b.doc - 17 -
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—_____-
FLOOD HAZARD BOUNDARY MAP I
a \| | I| L/~ CITY OF ,
— ' //_
1 IOWA
JOHNSON COUNTY
::::•:.:ii.-:.:::::*:::.:*:....:..'....:::.:.:::::7:
ONLY PANEL PRINTED
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EFFECTIVE DATE:
, „V. , 1983
. — 18~ ��"/c"°m^",,m,"mr�"'Agency
. dm�'/ ^/
i On the / - day of ��ail/ , 1994 at a regular Orcf■hcker-e r40. (BS
. meetingiof the Tiffin City Co ncil , Tiffin, Iowa, Councilperson
,
SfyC1km introduced Ordinance No. /99{ /8q , dnd moved
7 that it be given its first reading . The motion was seconded by
,Councilperson +vls r�
Ayes : Rcr]ls� Pyovih, �Sfirc� (Ian, 1t1lovCctki . *YV)
Nayes : ��n�
F/Ue, members of the council being present and having voted
"Aye" , ,Mayor Glenn R.Potter declared Motion carried, and Ordinance
No -/W-/R4 was read the first time and discussed and placed on
record . °
Thereupon, it was moved by Councilperson E6-n
• and seconded by Councilperson IVlovo th
that the laws and rules providing that ordinances" be considered
and voted on for passage at two council meetings prior to the
meeting at which it is to by finally passed be suspended and
dispensed with and that Ordinance No.Itf-/$'F be placed on its last
reading . �I T
Ayes : tV)OYC)c1�), SfrC ttdo, 13-ouuv1, o Kkk KeV)--,
Nays : NQA. .
Aver members of the council being present and having voted
"Aye" , Mayor Glenn R. Potter thereupon declared the motion to ;be
carried, and Ordinance No.(9`II?'-J was then placed upon its last
reading and was read the last time.
Thereupon , it was moved by Councilperson ��
jvh
'.and seconded by Councilperson Mar5a)\
"that Ordinance No. ft-IAq be placed- upon its final passage and ,
g «padopted. •
°v"Ayes : -CIY] �K II o , r,
Yotin , 3 leis, (1 or clr�
/
Mays : hne.. •
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a
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•
,r�"�
ik
ys O'Cli(natnCp +Uo lQS
rive- members of the Council being present and having voted
"Aye' , Mayor Glenn R. Potter declared the motion carried, and •
the Ordinance passed and adopted .
whereupon the Mayor declared that Ordinance No. 19%-g4f be
adopted. and signified his approval of the same by fixing his
signature thereto. - I !' n
Passed by the Council on the ! M
ay of a
1994 and approved by the Mayor on the 1 ) day of/ May
1994.
AfL,„,5aa6,-,
/
MAYOR, Glenn R. Potter
£TTEST:
C T 1ERK, '•Margar-t B. Reihman
I , Clerk off the City . of Tiffin, Iowa, state that an
9 dinance entitled A-I\1 Oa f V11-(VC f}�ffifrjotAl&-
T-loo.n C' 171 N6-NCC
and known as tly4-/Z f was duly passed by the Council on the 31t6
day of 4,'�cLy , 1994 and signed by the Mayor on the
I �tk day oft a / , 1994 and published on the /O
day of zthe , 1994 by posting copies thereof in three •
public places within the limits of the City of Tiffin Iowa .
That I posted copies of Ordinance No. lM- cgs in the
following places : , p
IQs}- O i I c
/11019,;(11 's 9--c i c(a rci c e
�=fa 6c,4 cJ's -I-1-Cc v-cl,N•re..
Marg. e ' B. Reihman,\ITY CLERK
a �J
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