CHAPTER 145

 

DANGEROUS BUILDINGS

145.01  Enforcement Officer                                                  145.05  Conduct of Hearing

145.02  General Definition of Unsafe                                     145.06  Posting of Signs

145.03  Unsafe Building                                                          145.07  Right to Demolish

145.04  Notice to Owner                                                        145.08  Costs

145.01     ENFORCEMENT OFFICER.  Enforcement of this chapter, including but not limited to dangerous buildings and health issues, fire or structural damage, abandoned or unoccupied buildings will be inspected by the City Inspector. 

(Ord. 01-169 – Jan. 02 Supp.)

145.02     GENERAL DEFINITION OF UNSAFE.  All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment, are, for the purpose of this chapter, unsafe buildings.  All such unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in this chapter.

(Code of Iowa, Sec. 657A.1 & 364.12[3a])

145.03     UNSAFE BUILDING.  “Unsafe building” means any structure or mobile home meeting any or all of the following criteria:

1.       Various Inadequacies.  Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse.

2.       Manifestly Unsafe.  Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being use.

3.       Inadequate Maintenance.  Whenever a building or structure, used or intended to be used for dwelling purposes, because of dilapidation, decay, damage, faulty construction, or otherwise, is determined by any health officer to be unsanitary, unfit for human habitation or in such condition that it is likely to cause sickness or disease.

4.       Fire Hazard.  Whenever any building or structure, because of dilapidated condition, deterioration, damage, or other cause, is determined by the Fire Marshal or Fire Chief to be a fire hazard.

5.       Abandoned.  Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

145.04     NOTICE TO OWNER.  The enforcement officer shall examine or cause to be examined every building or structure or portion thereof reported as dangerous or damaged and, if such is found to be an unsafe building as defined in this chapter, the enforcement officer shall give to the owner of such building or structure written notice stating the defects thereof.  This notice may require the owner or person in charge of the building or premises, within forty-eight (48) hours or such reasonable time as the circumstances require, to commence either the required repairs or improvements or demolition and removal of the building or strucure or portions thereof, and all such work shall be completed within ninety (90) days from date of notice, unless otherwise stipulated by the enforcement officer.  If necessary, such notice shall also require the building, structure, or portion thereof to be vacated forthwith and not reoccupied until the required repairs and improvements are completed, inspected and approved by the enforcement officer.

(Code of Iowa, Sec. 264.12[3h])

1.      Notice Served.  Such notice shall be served by sending by certified mail to the owner of record, according to Section 364.12[3h] of the Code of Iowa, if the owner is found within the City limits.  If the owner is not found within the City limits such service may be made upon the owner by registered mail or certified mail.  The designated period within which said owner or person in charge is required to comply with the order of the enforcement officer shall begin as of the date the owner receives such notice.

2.      Hearing.  Such notice shall also advise the owner that he or she may request a hearing before the Council on the notice by filing a written request for hearing within the time provided in the notice.

145.05     CONDUCT OF HEARING.  If requested, the Council shall conduct a hearing in accordance with the following:

1.      Notice.  The owner shall be served with written notice specifying the date, time and place of hearing.

2.      Owner’s Rights.  At the hearing, the owner may appear and show cause why the alleged nuisance shall not be abated.

3.      Determination.  The Council shall make and record findings of fact and may issue such order as it deems appropriate.

145.06     POSTING OF SIGNS.  The enforcement officer shall cause to be posted as each entrance to such building a notice to read:  “DO NOT ENTER.  UNSAFE TO OCCUPY.  CITY OF SEYMOUR, IOWA.”  Such notice shall remain posted until the required repairs, demolition, or removal are completed.  Such notice shall not be removed without written permission of the enforcement officer and no person shall enter the building except for the purpose of making the required repairs or of demolishing the building. 

145.07     RIGHT TO DEMOLISH.  In case the owner fails, neglects, or refuses to comply with the notice to repair, rehabilitate, or to demolish and remove the building or structure or portion thereof, the Council may order the owner of the building prosecuted as a violator of the provisions of this chapter and may order the enforcement officer to proceed with the work specified in such notice.  A statement of the cost of such work shall be transmitted to the Council.

(Code of Iowa, Sec. 346.12[3h])

145.08     COSTS.  Costs incurred under Section 145.07 shall be paid out of the City treasury.  Such costs shall be charged to the owner of the premises involved and levied as a special assessment against the land on which the building or structure is located, and shall be certified to the county Treasurer for collection in the manner provided for other taxes.

(Code of Iowa, Sec. 364.12[3h])


CHAPTER 146

MOWING OF PROPERTIES

146.01     Mowing of Property                               146.03     Method of Service and Billing

146.02     Penalty

146.01 MOWING OF PROPERTIES.  Any property within the City of Seymour, whether vacated or nonvacated, is required to be mowed  any time the vegetation reaches a height of more than 12 inches in May, June, July, August, September and October of each year.

146.02 PENALTY.  Any property which is not mowed during the time period, may be mowed by the City or their agents, and a charge of $75.00 per hour for such mowing, plus a surcharge of $100.00, will be charged to the property owner. Any property owners who fail to mow their properties, thus allowing the same to be mowed by the City or their agents, and who do not provide payment for the mowing as required, will be assessed by the City for such costs, which will be collected in the same manner as general property tax.

146.03 METHOD OF BILLING AND SERVICE.  Annual publication of this ordinance will serve as notice to property owners. Any billings for mowing done by the City or their agents are to be sent by regular mail and are payable within 30 days of billing date. 

(Ord. 01-175 – July 09 Supp.)

(Ord.2015-220 – April 2015)


CHAPTER 151

MOBILE HOME REGULATIONS AND PERMITS

151.01  Purpose                                                                      151.05  Application for Special Permit

151.02  Definitions                                                                  151.06  Requirements for Mobile Homes

151.03  Location of Mobile Homes                                         151.07  Mobile Home Park Requirements

151.04  Special Permits                                                           151.08  Penalty

 151.01    PURPOSE.  The purpose of this chapter is to provide for municipal regulation of mobile homes in furtherance of the public health, safety, morals and welfare.

151.02    DEFINITIONS.  For use in this chapter the following terms are defined:

1.      A manufactured home is a factory-built structure built under authority of 42 USC Section 5403 and is required by Federal law to display a seal from the U. S. Department of Housing & Urban Development, with a manufactured date not exceeding 20 years from the present date.

2.       Mobile home is a vehicle without motive power used or so manufactured or constructed as to permit it being used as a conveyance upon the public streets and highways and so designed, constructed or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons; but shall also include any such vehicle with motive power not registered as a motor vehicle in Iowa.

3.      A modular home means a factory-built structure built on a permanent chassis which is manufactured to be used as a place of human habitation, and is constructed to comply with the Iowa State Building Code for Modular Factory-Built Structures and must display the seal issued by the State Building Code Commissioner.
(Code of Iowa, Section 435.1)

4.      Mobile home park shall mean any site, lot, field or tract of land under common ownership upon which two or more occupied mobile homes, manufactured homes, modular homes or a combination of the homes are harbored, whether free of charge or for revenue purposes.

151.03    LOCATION OF MOBILE HOMES.  It shall be unlawful for any person to park any mobile home on streets, alleys, any public land within the City, except as is provided by the State or this chapter.

1.      Not more than one mobile home shall be permitted to locate on the same premises outside a mobile home park.

2.      This section shall not apply to

A.    Dealer’s Stock.  Mobile homes parked upon private property as part of a dealer’s or a manufacturer’s stock.

B.     Existing Mobile Homes.  Mobile homes located within the City limits prior to the adoption of this chapter.

151.04    SPECIAL PERMITS.  The Council, upon application of a mobile home owner, may issue special permits for the location of mobile homes on private property or in mobile home parks.  The Council shall issue such special permits only when public health, safety and welfare interests will not be seriously affected by granting the permit.

151.05  APPLICATION FOR SPECIAL PERMIT.  From and after the date of enactment of the ordinance codified by this chapter all mobile homes to be located within the City limits of Seymour, Iowa, and all unoccupied mobile homes currently in Seymour, Iowa, shall apply for and obtain a permit and certificate of occupancy from the City of Seymour, Iowa.  The application for the permit and certificate for a mobile home shall be completed and filed on forms furnished by the City Clerk.  Application for a special permit shall be accompanied by a non-refundable inspection fee of ten (10) dollars.  The application shall contain:

1.      Description of Mobile Home.  A description of the applicant’s mobile home, manufacturer’s date of the home, and four pictures consisting of each side of the trailer.

2.      Property Description.  The legal description of the area and size of the lot involved and a showing of the areas immediately adjacent thereto.  A detailed, to-scale drawing will be included to show mobile home placement on the property.

3.      Intended Use.  Applicant must state the intended use of the mobile home.  Permits shall be approved only for human habitation.  Permits shall be revoked if mobile home is found to be used for anything other than human habitation.

4.      Property Owner.  If the applicant is not the owner, the name of the owner of the premises upon which the mobile home will be located together with the written approval from the owner of the premises where the mobile home will be located.

5.      Sanitation Facilities.  Information on sanitation facilities of the mobile home and those available at the place of location.  City water and sewer hookups must be accomplished in keeping with Chapter 90 Section 03 and Chapter 95 Section 5 of the Seymour Ordinances prior to placement of a mobile home on any property.

6.      Duration of Permit.  A statement of the desired duration of the special permit.

7.      Permanent Location.  A statement that the location of a mobile home, manufactured home, or modular home is to be permanent upon which the home will be located and that such mobile home, manufactured home, or modular home will be subject to taxation as real estate.

8.      Compliance With State Building Code.  Before being located, whether permanently or for a temporary period of time allowed by a temporary permit, all mobile homes located in the City limits shall have a certificate that shows the mobile home is in compliance with the current State Building Code as to mobile home construction.  A copy of this permit shall be filed with the application with the Clerk.

151.06 REQUIREMENTS FOR MOBILE HOMES.  All mobile homes shall comply with the following minimum standards:

1.      All mobile homes shall be habitable without substantial damage or any broken windows.

2.      All mobile homes shall be a minimum size of 60’ X 12’.

3.      Wheels must be removed and structure placed on a solid foundation.

4.      Tie down anchors shall be placed at least at each corner of the mobile home and each shall be able to sustain a minimum tensile strength of 2,800 pounds.

5.      Skirting shall be installed between the bottom of a mobile home floor and ground level.

6.      Adequate provisions shall be made to prevent freezing of service lines, valves and pipes.

151.07 MOBILE HOME PARK REQUIREMENTS.  Mobile home parks shall be designed and maintained in accordance with the following requirements:

1.      Minimum Requirements For Each Mobile Home Space:

A.    Area – fifty (50) feet by eighty (80) feet

B.     Size – four thousand (4,000) square feet

C.     Parking – at least one off street parking space for each “home” space

D.    Yard – a minimum of twenty (20) feet between any two (2) homes

E.     Concrete Slab – Each mobile home unit lot shall be equipped with a concrete slab of sufficient size to support the wheels and the front parking jack.

151.08     PENALTY.  Any person, firm or corporation violating any provision, section or paragraph of this chapter shall be guilty of a misdemeanor and upon conviction thereof be subject to a fine of not more than $100.00 or be imprisoned for not more than 30 days.  Each day a violation occurs shall constitute a separate offense.  In addition, upon at least ten (10) days notice of violation of any provisions herein, the City may cause the mobile home, appurtenance attachments or lot to be brought into compliance with the City Code or may cause the mobile home to be removed from the City.  All costs and expense incident to this procedure shall be assessed against the violator(s) in addition to the fine and/or imprisonment stated herein.

(Ch. 151.  Ord. 01-170 – Jan. 02 Supp.)


CHAPTER 160

FLOOD PLAIN REGULATIONS

160.01  Purpose                                                                      160.11  Flood Plain Development Permit Required

160.02  Definitions                                                                  160.12  Application for Permit

160.03  Lands to Which Chapter Applies                                               160.13  Action on Application

160.04  Rules for Interpretation of Flood Hazard Boundaries             160.14  Construction and Use to be as Provided in

160.05  Compliance                                                                                                Application and Plans

160.06  Abrogation and Greater Restrictions                       160.15  Variances

160.07  Interpretation                                                            160.16  Factors Upon Which the Decision to Grant Variances

160.08  Warning and Disclaimer of Liability                                         Shall be Based

160.09  Flood Plain Management Standards                         160.17  Conditions Attached to Variances

160.10  Administration                                                           160.18  nonconforming Uses

160.19 Amendments

160.01 PURPOSE.  It is the purpose of this chapter to protect and preserve the rights, privileges and property of the City and its residents and to preserve and improve the peace, safety, health, welfare and comfort and convenience of its residents by minimizing flood losses with provisions designed to:

1.      Restrict Use.  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.      Vulnerable Uses Protected.  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.      Unsuitable Land Purchases.  Protect individuals from buying lands which may not be suited for intended purposes because of flood hazard.

4.      Flood Insurance.  Assure that eligibility is maintained for property owners in the community to purchase flood insurance through the National Fllod Insurance Program.

160.02  DEFINITIONS.  Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to five them the meaning they have in common usage and to give this chapter its most reasonable application.

1.      “Base flood” means the flood having one (1) percent chance of being equaled or exceeded in any given year (See 100-year flood.)

2.      “Basement” means any enclosed area of a building which has its floor or lowest level below ground level (subgrade) on all sides.  Also see “lowest floor.”

3.      “Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving excavation or drilling operations.

4.      “Existing construction” means 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.”

5.      “Existing factory-built home park or subdivision” means 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) was completed before the effective date of these flood plain management regulations.

6.      “Expansion of existing factory-built home park or subdivision” means 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).

7.      “Factory-built home” means 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 chapter, 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.

8.      “Factory-built home park” means a parcel or contiguous parcels of land divided into two or more factory-built home lots for sale or lease.

9.      “Flood” means 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.

10.  “Flood elevation” means the elevation floodwaters would reach at a particular site during the occurrence of a specific flood.  For instance, the 100-year flood elevation is the elevation of floodwaters related to the occurrence of the 100-year flood.

11.  “Flood Insurance Rate Map (FIRM)” means 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.

12.  “Flood plain” means any land area susceptible to being inundated by water as a result of a flood.

13.  “Flood plain management” means 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, flood proofing and flood plain management regulations.

14.  “Flood proofing’ means 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. 

15.  “Floodway” means 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 waters or flood flows so that confinement of flood flows to the floodway area will not cumulatively increase the water surface elevation of the base flood by more than one (1) foot.

16.  “Floodway fringe” means those portions of the flood plain, other than the floodway, which can be filled, leveed, or otherwise obstructed without causing substantially higher flood levels or flow velocities.

17.  “Historic structure” means 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 in 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

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.

18.  “Lowest flood” means the floor or 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 160.99(4)(A); and

B.     The enclosed area is unfinished (not carpeted, dry-walled, 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.

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.

19.  “New construction” (new buildings, factory-built home parks) means those structures or development for which the start of construction commenced on or after the effective date of the Flood Insurance Rate Map.

20.  “New factory-built home park or subdivision” means 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 these flood plain management regulations.

21.  “100-Year Flood” means a flood, the magnitude of which has a one percent (1%) chance of being equaled or exceeded in any given year of which, on the average, will be equaled or exceeded at least once every one hundred (100) years.

22.    “Recreational vehicle” means a vehicle which is:

A.     Built on a single chassis;

B.     Four hundred (400) square feet or less when measured at the largest horizontal projection;

C.     Designed to be self-propelled or permanently towable by a light duty truck; and

D.     Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

23.  “Special flood hazard area” means the land within a community subject to the “100-year flood.”  This land is identified as Zone A on the Flood Insurance Rate Map.

24.  “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 of 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 or not that alteration affects the external dimensions of the building.

25.  “Structure” means anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, cabins, factory-built homes, storage tanks and other similar uses.

26.  “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to ists before damage condiditon would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

27.  “Substantial improvement’ means any improvement to a structure which satisfies either of the following criteria:

A.     Any repair, reconstruction, or improvement of a structure, the cost of which equals or 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.”

B.     Any addition which increases the original floor area of a building by twenty-five (25) percent or more.

All Additions constructed after the effective date of the Flood Insurance Rate Map shall be added to any proposed addition in determining whether the total increase in original floor space would exceed twenty-five percent.

28.  “Variance” means a grant of relief by a community from the terms of the flood plain management regulations.

29.  “Violation” means the failure of a structure or other development to be fully compliant with this chapter.

160.03 LANDS TO WHICH CHAPTER APPLIES.  The provisions of this chapter shall apply to all areas having special flood hazards within the jurisdiction of the City.  For the purpose of this chapter, the special flood hazard areas are those areas designated as Zone A on the Flood Insurance Rate Map for the City, dated July 1, 1987, as amended, which is hereby adopted and made a part of this chapter.

106.04     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 Clerk shall make the necessary interpretation.  The Council shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Clerk in the enforcement or administration of this chapter.

106.05     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 chapter and other applicable regulations which apply to uses within the jurisdiction of this chapter. 

106.06     ABROGATION AND GREATER RESTRICTIONS.  It is not intended by this chapter to repeal, abrogate or impair any existing easements, covenants, or deed restriction.  However, where this chapter imposes greater restrictions, the provision of this chapter shall prevail.  Any ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.

106.07     INTERPRETATION.  In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the Council and shall not be deemed a limitation or repeal of any other powers granted by State statutes.

106.08     WARNING AND DISCLAIMER OF LIABILITY.  The standards required by this chapter are considered reasonable for regulatory purposes.  This chapter does not imply that areas outside the designated special flood hazard areas will be free from flooding or flood damages.  This chapter shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

106.09     FLOOD PLAIN MANAGEMENT STANDARDS.  All uses must be consistent with the need to minimize flood damage and shall meet the following 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.

1.      All development within the special flood hazard areas shall:

a.       Be consistent with the need to minimize flood damage.

b.      Use construction methods and practices that will minimize flood damage.

c.       Use construction materials and utility equipment that are resistant to flood damage.

d.      Obtain all other necessary permits from Federal, State and local governmental agencies including approval when required from the Iowa Department of Natural Resources.

2.      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 and extend at such elevation at least 18 feet beyond the limits of any structure erected thereon.  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.

3.      Nonresidential buildings.  All new or substantially improved nonresidential 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 flood-proofed to such a level.  When flood proofing is utilized, a professional engineer registered in the State shall certify that the flood proofing 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 flood-proofed shall be maintained by the Administrator.

4.      All new and substantially improved structures:

A.     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 this requirement must either be certified by a registered professional engineer or meet or exceed the following minimum criteria: 

(1)      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.

(2)      The bottom of all openings shall be no higher than one foot above grade.

(3)      Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

B.     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.

C.     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.

5.      Factory-built homes:

A.    All factory-built homes including those placed in existing factory-built home parks or subdivisions shall be elevated on a permanent foundation such that the lowest floor of the structure is a minimum of one (1) foot above the 100-year flood level.

B.     All factory-built homes including those placed in existing factory-built home parks or subdivisions shall be anchored to resist flotation, collapse or lateral movement.  The following specific requirements (or their equivalent) shall be met:

(1)      Over-the-top ties shall be provided at each of the four corners of the factory-built home, with two (2) additional ties per side at intermediate locations and factory-built homes less than fifty (50) feet long requiring one (1) additional tie per side;

(2)      Frame ties shall be provided at each corner of the home with five (5) additional ties per side at intermediate points and factory-built homes less than fifty (50) feet long requiring four (4) additional ties per side;

(3)      All components of the anchoring system shall be capable of carrying a force of 4800 pounds.

(4)      Any additions to factory-built homes shall be similarly anchored.

6.      Utility and Sanitary Systems.

A.    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.

B.     All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system as well as the discharge of effluent into flood waters.  Wastewater treatment facilities (other than on-side systems) shall be provided with a level of flood protection equal to or greater than one (1) foot above the 100-year flood elevation.

C.     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-side systems shall be provided with a level of protection equal to or grater than one (1) foot above the 100-year flood elevation.

D.    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.

7.      Storage of materials and equipment that are flammable, explosive or injurious to human, animal or plant life is prohibited unless elevated to a minimum of one (1) foot above the 100-year flood level.  Other material land 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 tie available after flood warning.

8.      Flood control structural works such as levees, flood-walls, etc. shall provide, at a minimum, protection from a 100-year flood with a minimum of 3 feet of design freeboard and shall provide for adequate interior drainage.  In addition, structural flood control works shall be approved by the Department of Natural Resources.

9.      Watercourse alterations or relocations must be designed to maintain the flood within the altered or relocated portion.

10.  Subdivisions (including factory-built home parks and sudivisions) 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 public utilities) shall meet the applicable performance standards of this chapter.  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.

11.  Accessory Structures.

A.    Detached garages, sheds, and similar structures accessory to a residential use are exempt from the 100-year flood elevation requirements where the following criteria are satisfies:

(1)    The structure shall not be used for human habitation.

(2)    The structure shall be designed to have low flood damage potential.

(3)    The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters.

(4)    The structure shall be firmly anchored to prevent flotation which may result in damage to other structures.

(5)    The structure’s service facilities such as electrical and heating equipment shall be elevated or flood-proofed to at least one (1) foot above the 100-year flood level.

B.     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 contents.

12.  Recreational Vehicles.

A.    Recreational vehicles are exempt from the requirements of Section 160.09(5) of this chapter regarding anchoring and elevation of factory-built homes when the following criteria are satisfied.

(1)    The recreational vehicle shall be located on the site for less than 180 consecutive days, and,

(2)    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.

B.     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 160.09 (5) of this chapter regarding anchoring and elevation of factory-built homes.

13.  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.

160.10    ADMINISTRATION.  The Clerk shall implement and administer the provisions of this chapter and will herein be referred to as the Administrator.  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 assure that the provisions of this chapter will be satisfied.

2.       Review all flood plain development permit 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 construction.

3.       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.

4.       Record and maintain a record of the elevation (in relation to National Geodetic Vertical Datum) to which all new or substantially improved structures have been flood-proofed.

5.       Notify adjacent communities and/or 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.

6.       Keep a record of all permits, appeals and such other transactions and correspondence pertaining to the administration of this chapter.

160.11    FLOOD PLAIN DEVELOPMENT PERMIT REQUIRED.  A flood Plain Development Permit issued by the Administrator shall be secured prior to any flood plain development (any manmade change to improved 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.

160.12    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.      Work To Be Done.  Description of the work to be covered by the permit for which application is to be made.

2.      Location.  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.      Use or Occupancy.  Indication of the use or occupancy for which the proposed work is intended.

4.      Flood Elevation.  Elevation of the 100-year flood.

5.      Floor Elevation.  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.      Cost of Improvement.  For buildings being improved or rebuilt, the estimated cost of improvements and market value of the building prior to the improvements.

7.      Other.  Such other information as the Administrator deems reasonably necessary (e.g., drawings or a site plan) for the purpose of this chapter.

160.13    ACTION ON 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 chapter and shll 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 Council.

160.14    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.  The applicant shall be required to submit certification by a professional engineer or land surveyor, as appropriate, registered in the State, that the finished fill, building floor elevations, flood proofing, or other flood protection measures were accomplished in compliance with the provisions of this chapter, prior to the use or occupancy of any structure.

160.15    VARIANCES.  The Council 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.      Cause.  Variances shall 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 fold 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 ordinance.

2.      Prohibited.  Variances shall not be issued within any designated floodway if any increase in flood levels during the 100-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.

3.      Required To Afford Relief.  Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

4.      Notice to Applicant.  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 Administrator that (i) 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 (ii) such construction increases risks to life and property.

160.16    FACTORS UPON WHICH THE DECISION TO GRANT VARIANCES SHALL BE BASED.  In passing upon applications for variances, the Council shall consider all relevant factors specified in other sections of this chapter and:

1.      The danger to life and property due to increased flood heights or velocities caused by encroachments.

2.      The danger that materials may be swept on to other lands or downstream to the injury of others.

3.      The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.

4.      The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

5.      The importance of the services provided by the proposed facility to the community.

6.      The requirements of the facility for a flood plain location.

7.      The availability of alternative locations not subject to flooding for the proposed use.

8.      The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

9.      The relationship of the proposed use to the comprehensive plan and flood plain management program for the area.

10.  The safety of access to the property in times of flood for ordinary and emergency vehicles.

11.  The expected heights, velocity, duration, rate of rise and sediment tranport of the flood water expected at the site.

12.  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.

13.  Such other factors which are relevant to the purpose of this chapter.

160.17    CONDITIONS ATTACHED TO VARIANCES.  Upon consideration of the factors listed in Section 160.16, the Council may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter.  Such conditions may include, but not necessarily be limited to:

1.      Modification of waste disposal and water supply facilities.

2.      Limitation of periods of use and operation.

3.      Imposition of operational controls, sureties, and deed restrictions.

4.      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 purposes of this chapter.

5.      Flood proofing measures.

160.18    NONCONFORMING USES.

1.      A structure or the use of a structure or premises which was lawful before the passage or amendment of this chapter, but which is not in conformity with the provisions of this chapter, may be continued subject to the following conditions:

a.       If such use is discontinued for six (6) consecutive months, any further use of the building premises shall conform to this chapter.

b.      Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming uses.

2.      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 inconformity with the provisions of this chapter.  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.


160.19    AMENDMENTS.  The regulations and standards set forth in this chapter  may from time to time be amended, supplemented, changed, or repealed.  No amendment, supplement, change, or modification shall be undertaken without prior approval from the Department of Natural Resources.