Ordinance No. 2025-521 – An Ordinance to Amend the Municipal Code of Tiffin, Iowa, Chapter 160, Flood Plain Management

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 floodplain management program for the area. J. The safety of access to the property in times of flood for ordinary and emergency vehicles. K. The expected heights, velocity, duration, rate of rise and sediment transport of the flood water expected at the site. L. 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. M. Such other factors which are relevant to the purpose of this chapter. 3. Conditions Attached to 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 chapter. 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 chapter. E. Floodproofing measures shall be designed consistent with the flood protection elevation for the particular area, flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The Council shall require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. 160.07 NONCONFORMING USES. 1. A structure or the use of a structure or premises which was lawful before the passage or amendment of the ordinance codified in 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 consecutive months, any future 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 50 percent of the market value of the structure before the damage occurred, unless it is reconstructed in conformity 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