Loading...
HomeMy Public PortalAboutOrdinances-2002-252 CITY OF TIFFIN ORDINANCE NO. 2002 - 252 AN ORDINANCE REPLACING,THE"FLOOD,PLAIN MANAGEMENT ORDINANCE", OF THE MUNICIPAL CODE OF TIFFIN, IOWA: BE IT ENACTED BY THE CITY COUNCIL OF TIFFIN, IOWA: Section 1. Purpose. The purpose of this ordinance is to replace the "Flood Plain Management Ordinance" adopted in 1993, of the Municipal Code of Tiffin, Iowa, by adopting the following: Section 2. Amendment. FLOODPLAIN MANAGEMENT ORDINANCE 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 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 uses vulnerable to flood damages which create hazardous conditions as a result of being inadequately elevated or otherwise protected 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 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 IB 1 of this Ordinance with provisions designed to: - 1 CITY OF TIFFIN ORDINANCE NO. 2002 -` 252 AN ORDINANCE REPLACING THE "FLOOD PLAIN MANAGEMENT ORDINANCE", OF THE MUNICIPAL CODE OF TIFFIN, IOWA: BE IT ENACTED BY THE CITY COUNCIL OF TIFFIN, IOWA: P r Section 1. Purpose. The purpose of this ordinance is to replace the "Flood Plain Management Ordinance" adopted in 1993, of the Municipal Code of Tiffin, Iowa, by. adopting the following: • Section 2. Amendment. FLOODPLAIN MANAGEMENT ORDINANCE 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 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 uses vulnerable to flood damages which create hazardous conditions as a result of being inadequately elevated or otherwise protected 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 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 1131 of this Ordinance with provisions designed to: - 1 • • - 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. 3. Protect individuals from buying lands that 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. SECTION II- General Provisions A. Lands to Which Ordinance Apply The provisions of this Ordinance shall apply to all lands and uses which have significant flood hazards. The Flood Boundary and Floodway Map and the Flood Insurance Rate Map (FIRM), dated July 31, 2000, and any future revisions thereto, which were prepared as part of the Tiffin Flood Insurance Study, shall be used to identify such flood hazard areas and all areas shown thereon to be withinihe boundaries of the 100-year flood shall be considered as having significant flood hazards. Where uncertainty exists with respect to the precise location of the 100-year flood boundary, the location shall be determined on the basis of the 100-year flood elevation at the particular site in question. The Tiffin Flood Insurance Study is hereby adopted by reference and is made a part of this ordinance for the purpose of administering flood plain management regulations. B. 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. C. Abrogation and Greater Restrictions It is not intended by this Ordinance to repeal, abrogate or impair piny 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 are hereby repealed to the extent of the inconsistency only. 2 Section 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Severability. If any section, provision, or part of this Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole, or any section, provision, or part thereof not adjudged invalid or unconstitutional. Section 5. Effective Date. This Ordinance shall be in effect after its final passage, approval, and posting as provided by law. On the 10th day of Apr i 1 2002, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Bartels introduced Ordinance No.2 002-2 5 land moved that it be given its first reading. The motion was seconded by Councilperson Di 1 s Ayes: Gericke, Bartels , Dils and Shafer. Nayes: None. Absent : Walls Four members of the council being present and having voted "Aye", Mayor Glen R. Potter declared the motion carried, and Ordinance No.2002-2 5?,as read the first time and discussed and placed on record. Thereupon, it was moved by Councilperson Gericke and seconded by Councilperson Bartels 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 be finally passed be suspended and dispensed with and that Ordinance No.2002-252 be placed on its last reading. Ayes: Bartels, Gericke, Dils and Shafer. None. Absent: Walls Nayes: Four members of the council being present and having voted "Aye", Mayor Glen R. Potter declared the motion carried, and Ordinance No. 2002-2 5'ias then placed on its last reading and was read the last time. Thereupon it was moved by Councilperson Bartels and seconded by Councilperson Dils that Ordinance No: 2002-252 be placed upon its final passage and adopted. r. Ayes: Gericke, Dils , Shafer, Bartels None. Absent : Walls Nayes: 18 Four members of the council being present and having voted,"Aye", Mayor Glen R. Potter declared the motion carried, and the ordinance Was passed and adopted. Whereupon the mayor declared that Ordinance No. 2002-252 be adopted and signified his approval of same by fixing his signature thereto. Passed by the council on the 10th day of April 2002 and approved by the mayor on the 10th day of April 2002. ADOPTED AND PASSED by the City Council of the City of Tiffin this 10th day of April , 2002. )21,ti-A.,Thi ' , GLEN R. POTTER, Mayor AT _ =" `> MARG' ' T :.C. REI • ', City Clerk a i I , Clerk of the City of Tiffin, Iowa, state that on Ordinance entitled replacing Ordinance #187 of the municipal code of Tiffin,Iowa regarding the "FLOOD PLAIN MANAGEMENT ORDINANCE" And 'known as No.2 0 0 2-2 5 2 was duly passed by the council on the 10th day of April 2002, and signed by the mayor on the 10th day of April 2002, and published on the 17 ti-day of April 2002, by posting copies thereof in three public places within the limits of the City of Tiffin, Iowa. That I posted copies of Ordinance No2 0 02-252 in the following places: Tiffm General Store, Morgan's Service Station, and the On the,Go inpco ( —91'MARGA/ , T B.C. REI H__ , City Clerk 19