Ordinance 2215 - 2012 ChangesU.S. Department of Homeland Security
500 C Street, SW
Washington, DC 20472
SEP 2 3 2011
FEMA
�tgND 51-,
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
The Honorable James Realph
Mayor, City of Blair
218 South Sixteenth Street
Blair, Nebraska 68008
Dear Mayor R.ealph :
I commend you for the efforts that have been put forth in implementing the floodplain management
measures for the City of Blair, Nebraska, to participate in the National Flood Insurance Program
(NFIP). As you implement these measures, I want to emphasize the following:
a Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) have been
completed for your community;
the FIS and FIRM will become effective on January 6, 2012; and
by the FIS and FIRM effective date, the Department of Homeland Security's Federal
Emergency Management Agency (FEMA) Regional Office is required to approve the
legally enforceable floodplain management measures your community adopts in
accordance with Title 44 Code of Federal Regulations Section 60.3(d).
As noted in FEMA's letter dated July 6, 2011, no significant changes have been made to the flood
hazard data on the Preliminary and /or revised Preliminary copies of the FIRM for
Washington County. Therefore, the City of Blair should use the Preliminary and /or revised
Preliminary copies of the FIRM as the basis for adopting the required floodplain management
measures. Final printed copies of the FIRM for the City of Blair will be sent to you within the next
few months.
If you encounter difficulties in enacting the measures, I recommend you contact the Nebraska
Department of Natural Resources. - You may contact Bill Jones, CFM, the NFIP State Coordinator,
by telephone at (402) 471 -3932, in writing at 301 Centennial Mall South, Lincoln, Nebraska
68509 -4676, or by electronic mail at bill.jones @nebraska.gov.
The FEMA Regional staff in Kansas City, Missouri, is also available to provide technical assistance
and guidance in the development of floodplain management measures. The adoption of compliant
floodplain management measures will provide protection for the City of Blair and will ensure its
participation in the NFIP. The Regional Office may be contacted by telephone at (816) 283 -7002 or
in writing. Please send your written inquiries to the Director, Federal Insurance and Mitigation
Division, FEMA Region VII, at 9221 Ward Parkway, Suite 300, Kansas City, Missouri 64114 -3372.
www.fema.gov
The Honorable James Realph
SEP 2 3 2011
Page 2
You may have already contacted the NFIP State Coordinator and /or the FEMA Regional Office, and
may be in the final adoption process or recently adopted the appropriate measures. However, in the
event your community has not adopted the appropriate measures, this letter is FEMA's official
notification that you only have until January 6, 2012, to adopt and /or submit a floodplain
management ordinance that meets or exceeds the minimum NFIP requirements, and request approval
from the FEMA Regional Office by the effective date. Your community's adopted measures will be
reviewed upon receipt and the FEMA Regional Office will notify you when the measures
are approved.
I appreciate your cooperation to ensure that your community's floodplain management measures are
approved by the FEMA Regional Office by January 6, 2012. Your compliance with these
mandatory program requirements will enable your community to avoid suspension from the NFIP.
Sincerely,
Sandra K. Knight, PhD, PE
Deputy Federal Insurance and
Mitigation Administrator, Mitigation
cc: Beth Freeman, Regional Administrator, FEMA Region VII
Bill Jones, CFM, NFIP State Coordinator, Nebraska Department of Natural Resources
Philip Green, Floodplain Administrator /Assistant City Administrator, City of Blair
U.S. Department of Homeland Security
500 C Street, SW
Washington, DC 20472
99 FEMA
�r 2 2 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
The Honorable James Realph
Mayor, City of Blair
218 South Sixteenth Street
Blair, Nebraska 68008
Dear Mayor Realph.
I am writing this letter as an official reminder that the City of Blair, Nebraska, has until
January 6, 2012, to adopt and have the Department of Homeland Security's Federal Emergency
Management Agency (FEMA) Regional Office approve floodplain management measures that
satisfy 44 Code of Federal Regulations (CFR) Section 60.3(d) of the National Flood Insurance
Program (NFIP) regulations.
The City of Blair must adopt floodplain management measures, such as a floodplain management
ordinance, that meet or exceed the minimum NFIP requirements (copy enclosed) by January 6, 2012,
to avoid suspension from the NFIP. If suspended, your community becomes ineligible for flood
insurance through the NFIP, new insurance policies cannot be sold, and existing policies cannot be
renewed.
Under the Flood Disaster Protection Act of 1973, as amended, flood insurance must be purchased by
property owners seeking any Federal financial assistance for construction or acquisition of buildings
in SFHAs. This financial assistance includes certain federally guaranteed mortgages and direct
loans, federal disaster relief loans and grants, as well as other similarly described assistance from
FEMA and other agencies.
In addiiio -n, all loans individuals obtain from Federally regulated, supervised, or in-flured lending
institutions that are secured by improved real estate located in SFHAs are also contingent upon the
borrower obtaining flood insurance coverage on the building. However, purchasing and maintaining
flood insurance coverage on a voluntary basis is frequently recommended for properties located
outside SFHAs.
Your NFIP State Coordinator and FEMA would like to assist the City of Blair to ensure it remains in
good standing with the NFIP and avoids suspension from the Program. If your community is
suspended, it may regain its.eligibility in the NFIP by enacting the floodplain management measures
established in 44 CFR Section 60.3 of the NFIP regulations. As stated in my previous
correspondence, I recommend you contact your NFIP State Coordinator or the FEMA Regional
Office if the City of Blair is encountering difficulties in enacting its measures.
www.fema.gov
The Honorable James Realph
MOV 222011
Page 2
I recognize that your community may be in the final adoption process or may have recently adopted
the appropriate floodplain management measures. Please submit these measures to the Floodplain
Management Program at the Nebraska Department of Natural Resources. Bill Jones, CFM, the
NFIP State Coordinator, is accessible by telephone at (402) 471 -3932, in writing at
301 Centennial Mall South, Lincoln, Nebraska 68509, or by electronic mail at
billjones@nebraska.gov.
The FEMA Regional staff in Kansas City, Missouri, is also available to assist you with your
floodplain management measures. The FEMA Regional Office may be contacted by telephone at
(816) 283 -7002 or in writing. Please send your written inquiries to the Director, Federal Insurance
and Mitigation Division, FEMA Region VII, at 9221 Ward Parkway, Suite 300,
Kansas City, Missouri 64114 -3372.
In the event your community does not adopt and /or submit the necessary floodplain management
measures that meet or exceed the minimum NFIP requirements, I must take the necessary steps to
suspend your community from the NFIP. This letter is FEMA's final notification before your
community is suspended from the Program.
Sincerely,
Sandra K. Knight, PhD, PE
Deputy Associate Administrator for Mitigation
cc: Beth Freeman, Regional Administrator, FEMA Region VII
Bill Jones, CFM, NFIP State Coordinator, Nebraska Department of Natural Resources
Philip Floodplain Administrator /Assistant City Administrator, City of Blair
44 Code of Federal Regulations
§ 603 Flood plain management criteria for flood -prone areas.
The Federal Insurance Administrator will provide the data upon which flood plain management regulations shall be
based
if the Federal Insurance Administrator has not provided sufficient data to fiunish a basis for these regulations in a
particular community, the community shall obtain, review and reasonabt - y u�'Ti ize dada avaiYable from other Federal,
State or other sources pending receipt of data from the Federal Insurance Administrator. However, when special flood
hazard area designations and water surface elevations have been furnished by the Federal Insurance Administrator, they
shall apply. The symbols defining such special flood hazard designations are set forth in §64.3 of this subchapter. In all
cases the minimum requirements governing the adequacy of the flood plain management regulations for flood -prone
areas adopted by a particular community depend on the amount of technical data formally provided to the community
by the Federal Insurance Administrator. Minimum standards for communities are as follows:
(a) When the Federal Insurance Administrator has not defined the special flood hazard areas within a community, has
not provided water surface elevation data, and has not provided sufficient data to identify the floodway or coastal high
hazard area, b ui uic i.Giiuiiui►ity ilaS Liu I Cated t presen ^c of such hazar by submitting an application to participate in
the Program, the community shall:
(1) R2gi p emits for all pro p os es oo nstr ct ion or other development in the community, including the placement of
manufactured homes, so that it may determine whether such construction or other development is proposed within
flood -prone areas;
(2) Review proposed development to assure that all necessary permits have been received from those governmental
agencies from which approval is required by Federal or State law, including section 404 of the Federal Water
Pollution Control Act Amendments of 1972, 33 U.S.C. 1334;
(3) Review all permit applications to determine whether proposed building sites will be reasonably safe from
flooding. If a proposed building site is in a flood-'prone area, all new construction and substantial improvements shall
(i) 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, (ii) be constructed
with materials resistant to flood damage, (iii) be constructed by methods and practices that mi nimi= flood damages,
and (iv) 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.
(4) Review subdivision proposals and other proposed new development, including manufactured home parks or
subdivisions, to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or
other proposed new development is in a flood -prone area, any such proposals shall be reviewed to assure that (i) all
such proposals are consistent with the need to minimize flood damage within the flood -prone area, (ii) all public
utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or
eliminate flood damage, and (iii) adequate drainage is provided to reduce exposure to flood hazards;
(5) Require within flood -prone areas new and replacement water supply systems to be designed to minimize or
eliminate infiltration of flood waters into the systems; and
(6) Require within flood -prone areas (i) new and replacement sanitary sewage systems to be designed to minimize or
eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and (ii)
onsite waste disposal systems to be located to avoid impairment to them or contaminatiod from them during flooding.
(b) When the Federal Insurance Administrator has designated areas of special flood hazards (A zones) by the
publication of a community's FHBM or FIRM, but has neither produced water surface elevation data nor identified a
floodway or coastal high hazard area, the community shall:
(1) Require permits for all proposed construction and other developments including the placement of manufactured
homes, within Zone A on the community's FHBM or FIRM;
(2) Require the application of the standards in paragraphs (a) (2), (3), (4), (5) and (6) of this section to development
within Zone A on the community's FHBM or FIRM;
[41 FR 46975, Oct. 26, 19761 http: / /ecfr.eooaccess.vov Accessed July 20, 2009.
44 Code of Federal Regulations
(3) Require that all new subdivision proposals and other proposed developments (including proposals for
manufactured home parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, include within
such proposals base flood elevation data;
(4) Obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State,
or other source, including data developed pursuant to paragraph (b)(3) of this section, as criteria for requiring that
new construction, substantial improvements, or other development in Zone A on the community's FHBM or FIRM
meet the standards in paragraphs (c)(2), (c)(3), (c)(5), (c)(6), (c)(12), (c)(14), (d)(2) and (d)(3) of this section;
(5) Where base flood elevation data are utilized; within Zone A on the community's FHBM or FIRM:
(i) Obtain the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and
substantially improved structures, and
(ii) Obtain, if the structure has been floodproofed in accordance with paragraph (c)(3)(ii) of this section, the elevation
(in relation to mean sea level) to which the structure was floodproofed, and
(iii) Maintain a record of all such information with the official designated by the community under §59.22 (a)(9)(iii);
(6) Notify, in riverine situations, adjacent. communities and the State Coordinating Office prior to. any alteration or
relocation of a watercourse, and submit copies of such'hotifications to the Pederal' Insurance Administrator;
(7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained;
(8) Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be
installed using methods and practices which minimize flood damage. For the purposes of this requirement,
manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of
anchoring may include, but are not to be limited to, use of over -the -top or frame ties to ground anchors. This
requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.
(c) When the Federal Insurance Administrator has provided a notice of final flood elevations for one or more special
flood hazard areas on the community's FIRM and, if appropriate, has designated other special flood hazard areas
without base flood elevations on the community's FIRM, but has not identified a regulatory floodway or coastal high
hazard area, the community shall:
(1) Require the standards of paragraph (b) of this section within all Al 30 zones, AE zones, A zones, AH zones, and 1. AO zones, on the community "s � IRM;
(2) Require that all new construction and substantial improvements of residential structures within Zones Al 30, AB
and AH zones on the community's FIRM have the lowest floor (including basement) elevated to or above the base
flood level, unless the community is granted an exception by the Federal Insurance Administrator for the allowance-of
basements in accordance with §60.6 (b) or (c);
(3) Require that all new construction and substantial improvements ofnon- residential structures within Zones Al 30,
AE and AH zones on the community's firm (i) have the lowest floor (including basement) elevated to or above the
base flood level or, (ii) together with attendant utility and sanitary facilities, be designed so that below the base flood
level the structure is watertight with walls substantially irnper-ueable to the passage of water and with structural
components having the capability of resisting hydrostatic and'hydrodynamic loads and eriecis of buoyancy;
(4) Provide that where a non - residential structure is intended to be made watertight below the base flood level (i) a
registered professional engineer or architect shall develop and/or review structural design, specifications, and plans
for the construction, and shall certify that the design and methods of construction are in accordance with accepted
standards of practice for meeting the applicable provisions of paragraph (c)(3)(H) or (c)(8)(ii) of this section, and (ii) a
record of such certificates which includes the specific elevation (in-relation to mean sea level) to which such -
structures are floodproofed shall be maintained with the official designated by the community under §59.22(a)(9)(iii);
(5) Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor
that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which
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 architect or meet or exceed the following minimum criteria: 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
[41 FR 46975, Oct. 26, 1976] htty: / /ecfr.unoaccess.Qov Accessed July. 20, 2009.
9dr
44 Code of Federal Regulations
flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may
be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
(6) Require that manufactured homes that are placed or substantially improved within Zones Al -30, AH, and AE on
the community's FIRM on sites
(i) Outside of a manufactured home park or subdivision,
(ii) In a new manufactured home park or subdivision,
(iii) In an expansion to an existing manufactured home park or subdivision, or
(iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial
damage" as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately
anchored foundation system to resist floatation collapse and lateral movement.
(7) Require within any AO zone on the community's FIRM that all new construction and substantial improvements of
residential structures have the lowest floor (including basement) elevated above the highest adiacent grade at least as
high as the depth I1 U n?ber sre(;i_fi_' in fit nn-the- miri�riitii'g RTR M (at FPact two fit if nn riP r_iimh'nr ig
specified);
(8) Require within any AO zone on the community's FIRM that all new construction and substantial improvements of
nonresidential structures (i) have the lowest floor (including basement) elevated above the highest adjacent grade at
least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is
specified), or (ii) together with attendant utility and sanitary facilities be completely floodproofed to that level to meet
the floodproofing standard specified in §60.3(c)(3)(ii);
(9) Require within any A99 zones on a community's FIRM the standards of paragraphs (a)(1) through (a)(4)(i) and
(b)(5) through (b)(9) of this section;
(10) Require until a regulatory floodway is designated, that no new construction, substantial improvements, or other
development (including fill) shall be permitted within Zones Al -30 and AE on the community's FIRM, unless it is
demonstrated that the cumulative effect of the proposed development, when combined with all other existing and
anticipated development, will not increase the water surface elevation of the base flood more than one foot at any
point within the community.
(11) Require within Zones AH and AO, adequate drainage paths around structures on slopes, to guide floodwaters
around and away from proposed structures.
(12) Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured
home park or subdivision within Zones A-1-30, AH, and AE on the community's FIRM that are not subject to the
provisions of paragraph (c)(6) of this section be elevated so that either
(i) The lowest floor of the manufactured home is at or above the base flood elevation, or
(ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least
equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately
anchored foundation system to resist floatation, collapse, and lateral movement.
(1.3) Notwithstanding any other provisions of §60.3, a community may approve certain development in Zones Al - 3'0,
AE, and AH, on the community's FIRM which increase the water surface elevation of the base flood by more than.
one foot, provided that the community first applies for a conditional FIRM revision, fulfills the requirements for such
a revision as established under the provisions of §65.12, and receives the approval of the Federal Insurance
Administrator.
(14) Require that recreational vehicles placed on sites within Zones Al -30, AH, and AE on the community's FIRM
either
(i) Be on the site for fewer than 180 consecutive days,
(ii) Be fully licensed and ready for highway use, or
[41 FR 46975, Oct. 26, 1976] httD: / /ecfr.gvoaccess.aov Accessed July 20, 2009.
3
44 Code of Federal Regulations
(iii) Meet the permit requirements of paragraph (b)(1) of this section and the elevation and anchoring requirements for
"manufactured homes" in paragraph (c)(6) of this section.
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by
quick disconnect type utilities and security devices, and bas no permanently attached additions.
(d) When the Federal Insurance Administrator has provided a notice of final base flood elevations within Zones Al -30
and/or AE on the community's FIRM and, if appropriate, has designated AO zones, AH zones, A99 zones, and A zones
on the community's FIRM, and has provided data from which the community shall designate its regulatory floodway,
the community shall:
(1) Meet the requirements of paragraphs (c) (1) through (14) of this section;
(2) Select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway
must be designed to carry the waters of the base flood, without increasing the water surface elevation of that flood
more than one foot at any point;
(3) Prohibit encroachments, including fill, new construction, substantial improvements, and other development within
the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that the proposed encroachment would not result'in any
increase in flood levels within the community during the occurrence.of the base flood discharge;
(4) Notwithstanding any other provisions of §60.3, a community may permit encroachments within the adopted
regulatory floodway that would result in an increase in base flood elevations, provided that the community first
applies for a conditional FIRM and floodway revision, fulfills the requirements for such revisions as established
under the provisions of §65.12, and receives the approval of the Federal Insurance Administrator.
(e) When the Federal Insurance Administrator has provided a notice of final base flood elevations within Zones A1-3 0
and/or AE on the community's FIRM and, if appropriate, has designated AH zones, AO zones, A99 zones, and A zones
on the community's FIRM, and has identified on the community's FIRM coastal high hazard areas by designating Zones
VI-30, VE, and/or V, the community shall:
(1) Meet the requirements of paragraphs (c)(1) through (14) of this section;
(2) Within Zones V 1-30, VE, and V on a community's FIRM, (i ) obtain the elevation (in relation to mean sea level)
of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and
substantially improved structures, and whether or not such structures contain a basement, and (ii) maintain a record of
all such information with the official desigliatud by the con uwdty under §59.22(a)(9)(iii);
(3) Provide that all new construction within Zones VI-30, VE, and V on the community's FIRM is located landward
of the reach of mean high tide;
(4) Provide that all new construction and substantial improvements in Zones V 1 -30 and VE, and also Zone V if base
flood elevation data is available, on the community's FIRM, are elevated on pilings and columns so that (i) the bottom
of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or
above the base flood level; and (ii) the pile or column foundation and structure attached thereto is anchored to resist
flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all
building components. Water loading values used shall be those associated with the base flood. Wind - loading values
used shall be those required by applicable State or local building standards. A registered professional engineer or .
architect shall develop or review the structural design,. specifications and plans for the construction, and shall certify
that the design and methods of construction to be used are in accordance with accepted standards of practice for
meeting the provisions of paragraphs (e)(4) (i) and (ii) of this section.
(5) Provide that all new construction and substantial improvements within Zones V 1 -30, VE, and V on the
community's FIRM have the space below the lowest floor either free of obstruction or constructed with non-
supporting breakaway walls, open wood lattice -work, or insect screening intended to collapse under wind and water
loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or
supporting foundation system. For the purposes of this section, a breakway wall shall have a design safe loading
resistance of not less than 10 and no more than 20 pounds per square foot. Use of.breakway, walls which exceed a
design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or State
[41 FR 46975, Oct. 26, 1976] httn: / /ecfr.anoaccess.uov Accessed July 20, 2009.
M
n
44 Code of Federal Regulations
codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet
the following conditions:
(i) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood;
and,
(ii) The elevated portion of the building and supporting foundation system shall not be subject to collapse,
displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all
building components (structural and non - structural). Water loading values used shall be those associated with the base
flood. Wind loading values used shall be those required by applicable State or local building standards.
Such enclosed space shall be useable solely for parking of vehicles, building access, or storage.
(6) Prohibit the use of fill for structural support of buildings within Zones VI-30, VE, and V on the community's
FIRM;
(7) Prohibit man -made alteration of sand dunes and mangrove stands within Zones V1 -30, VE, and V on the
Cowin niw's FIRM which _,. - increase potential flood dniiiagc.
(8) Require that manufactured homes placed or substantially improved within Zones V1_ -30 V, and VE on the
rnrmmnnifu'c FIR V nn sites
(i) Outside of a manufactured home park or subdivision,
(ii) In a new manufactured home park or subdivision,
(iii) In an expansion to an existing manufactured home park or subdivision, or
(iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial
damage" as the result of a flood, meet the standards of paragraphs (e)(2) through (7) of this section and that
manufactured homes placed or substantially improved on other sites in an existing manufactured home park or
subdivision within Zones VI -30, V, and VE on the community's FIRM meet the requirements of paragraph (c)(12) of
this section.
(9) Require that recreational vehicles placed on sites within Zones V1-30, V, and VE on the community's FIRM
either
(i) Be on the site for fewer than 180 consecutive days,
(ii) Be fully licensed and ready for highway use, or
(iii) Meet the requirements in paragraphs (b)(1) and (e) (2) through (7). of this section.
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by
quick disconnect type utilities and security devices, and has no permanently attached additions.
(f) When the Federal Insurance Administrator has provided a notice of final base flood elevations within Zones Al -30
or AE on the community's FIRM, and, if appropriate, has designated AH zones, AO zones, A99 zones, and A zones on
the community's FIRM, and has identified flood protection restoration areas by designating Zones AR, AR/A1 -30,
AR/AE; AR/AH, AR/AO, or AR/A, the community shall: ..
(1) Meet the requirements of paragraphs (c)(1) through (14) and (d)(1) through (4) of this section.
(2) Adopt the official map or legal description of those areas within Zones AR, AR/A1 -30, AR/AE, AR/AH, AR/A,
or AR/AO that are designated developed areas as defined in §59.1 in accordance with the eligibility procedures under
§65.14.
(3) For all new construction of structures in areas within Zone AR that are designated as developed areas and in other
areas within Zone AR where the AR flood depth is 5 feet or less:
(i) Determine the lower of either the AR base flood elevation or the elevation that is 3 feet above highest adjacent
grade; and
(ii) Using this elevation, require the standards of paragraphs (c)(1) through (14) of this section.
[41 FR 46975, Oct. 26, 1976] http: / /ecfr.gDoaccess.gov Accessed July 20, 2009.
5
44 Code of Federal Regulations
(4) For all new construction of structureg in those areas within Zone AR that are not designated as developed areas
vk , here the AR flood depth is greater than 5. feet:
(i) Determine the AR base flood elevation; and
(ii) Using that elevation require the standards of paragraphs (c)(1) through (14) of this section.
(5) For all new construction of structures in areas. within Zone AR/Al-30, AR/AE, AR/AH, AR/AO, and AR/A:
(i) Determine the applicable elevation for Zone AR from paragraphs (a)(3) and (4) of this section;
(ii) Determine the base flood elevation or flood depth for the underlying Al -30, AE, AH, AO and A Zone; and
(iii) Using the higher elevation from paragraphs (a)(5)(i) and (ii) of this section require the standards of paragraphs
(c)(1) through (14) of this section.
(6) For all substantial improvements to existing construction within Zones AR/Al -30, AR/AE, AR/AH, AR/AO, and
AR/A:
(i) Determine the A 1 -30 or AE, AH, AO, or A Zone base flood elevation; and
(ii) Using this elevation apply the requirements of paragraphs (c)(1) through (14) of this section.
(7) Notify the permit applicant that the area has been designated as an AR, AR/A1 -30, AR/AE, AR/AH, AR/AO, or
ARIA Zone and whether the structure will be elevated or protected to or above the AR base flood elevation.
[41 FR 46975, Oct. 26, 1976] httD: / /ecf7.gDoaccess.uov Accessed July 20, 2009.
44 Code of Federal Regulations
§ 60.3 Flood plain management criteria for flood -prone areas.
The Federal Insurance Administrator will provide the data upon which flood plain management regulations shall be
based. If the Federal Insurance Administrator has not provided sufficient data to furnish a basis for these regulations in a
particular community, the community shall obtain, review and reasonably utilize data available from other Federal,
State or other sources pending receipt of data from the Federal Insurance Administrator. However, when special flood
hazard area designations and water surface elevations have been furnished by the Federal Insurance Administrator, they
shall apply. The symbols defining such special flood hazard designations are set forth in §64.3 of this subchapter. In all
cases the minimum requirements governing the adequacy of the flood plain management regulations for flood -prone
areas adopted by a particular community depend on the amount of technical data formally provided to the community
by the Federal Insurance Administrator. Minimum standards for communities are as follows:
(a) When the Federal Insurance Administrator has not defined the special flood hazard areas within a community, has
not provided water surface elevation data, and has not provided sufficient data to identify the floodway or coastal high
hazard area, but the community has indicated the presence of such hazards by submitting an application to participate in
the Program, the community shall:
(1) Require permits for all proposed construction or other development in the community, including the placement of
manufactured homes, so that it may determine whether such construction or other development is proposed within
flood -prone areas;
(2) Review proposed development to assure that all necessary permits have been received from those governmental
agencies from which approval is required by Federal or State law, including section 404 of the Federal Water
Pollution Control Act Amendments of 1972, 33 U.S.C. 1334;
(3) Review all permit applications to determine whether proposed building sites will be reasonably safe from
flooding. If a proposed building site is in a flood -prone area, all new construction and substantial improvements shall
(i) 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, (ii) be constructed
with materials resistant to flood damage, (iii) be constructed by methods and practices that minimize flood damages,
and (iv) 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.
(4) Review subdivision proposals and other proposed new development, including manufactured home parks or
subdivisions, to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or
other proposed new development is in a flood -prone area, any such proposals shall be reviewed to assure that (i) all
such proposals are consistent with the need to minimize flood damage within the flood -prone area, (ii) all public
utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or
eliminate flood damage, and (iii) adequate drainage is provided to reduce exposure to flood hazards;
(5) Require within flood -prone areas new and replacement water supply systems to be designed to minimize or
eliminate infiltration of flood waters into the systems; and
(6) Require within flood -prone areas (i) new and replacement sanitary sewage systems to be designed to minimize or
eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and (ii)
onsite waste disposal systems to be located to avoid impairment to them or contamination from them during flooding.
(b) When the Federal Insurance Administrator has designated areas of special flood hazards (A zones) by the
publication of a community's FHBM or FIRM, but has neither produced water surface elevation data nor identified a
floodway or coastal high hazard area, the community shall:
(1) Require permits for all proposed construction and other developments including the placement of manufactured
homes, within Zone A on the community's FHBM or FIRM;
(2) Require the application of the standards in paragraphs (a) (2), (3), (4), (5) and (6) of this section to development
within Zone A on the community's FHBM or FIRM;
[41 FR 46975, Oct. 26, 1976] httu:Hecfr.P_poaccess.2ov Accessed July 20, 2009.
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(3) Require that all new subdivision proposals and other proposed developments (including proposals for
manufactured home parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, include within
such proposals base flood elevation data;
(4) Obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State,
or other source, including data developed pursuant to paragraph (b)(3) of this section, as criteria for requiring that
new construction, substantial improvements, or other development in Zone A on the community's FHBM or FIRM
meet the standards in paragraphs (c)(2), (c)(3), (c)(5), (c)(6), (c)(12), (c)(14), (d)(2) and (d)(3) of this section;
(5) Where base flood elevation data are utilized, within Zone A on the community's FHBM or FIRM:
(i) Obtain the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and
substantially improved structures, and
(ii) Obtain, if the structure has been floodproofed in accordance with paragraph (c)(3)(ii) of this section, the elevation
(in relation to mean sea level) to which the structure was floodproofed, and
(iii) Maintain a record of all such information with the official designated by the community under §59.22 (a)(9)(iii);
(6) Notify, in riverine situations, adjacent communities and the State Coordinating Office prior to any alteration or
relocation of a watercourse, and submit copies of such notifications to the Federal Insurance Administrator;
(7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained;
(8) Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be
installed using methods and practices which minimize flood damage. For the purposes of this requirement,
manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of
anchoring may include, but are not to be limited to, use of over - the -top or frame ties to ground anchors. This
requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.
(c) When the Federal Insurance Administrator has provided a notice of final flood elevations for one or more special
flood hazard areas on the community's FIRM and, if appropriate, has designated other special flood hazard areas
without base flood elevations on the community's FIRM, but has not identified a regulatory floodway or coastal high
hazard area, the community shall:
(1) Require the standards of paragraph (b) of this section within all Al -30 zones, AE zones, A zones, AH zones, and
AO zones, on the community's FIRM;
(2) Require that all new construction and substantial improvements of residential structures within Zones Al -30, AE
and AH zones on the community's FIRM have the lowest floor (including basement) elevated to or above the base
flood level, unless the community is granted an exception by the Federal Insurance Administrator for the allowance of
basements in accordance with §60.6 (b) or (c);
(3) Require that all new construction and substantial improvements of non - residential structures within Zones Al -30,
AE and AH zones on the community's firm (i) have the lowest floor (including basement) elevated to or above the
base flood level or, (ii) together with attendant utility and sanitary facilities, be designed so that below the base flood
level the structure is watertight with walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
(4) Provide that where a non - residential structure is intended to be made watertight below the base flood level, (i) a
registered professional engineer or architect shall develop and/or review structural design, specifications, and plans
for the construction, and shall certify that the design and methods of construction are in accordance with accepted
standards of practice for meeting the applicable provisions of paragraph (c)(3)(ii) or (c)(8)(ii) of this section, and (ii) a
record of such certificates which includes the specific elevation (in relation to mean sea level) to which such
structures are floodproofed shall be maintained with the official designated by the community under §59.22(a)(9)(iii);
(5) Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor
that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which
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 architect or meet or exceed the following minimum criteria: 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
[41 FR 46975, Oct. 26, 1976] httv://ecfr. moaccess. 2ov Accessed July 20, 2009.
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44 Code of Federal Regulations
flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may
be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
(6) Require that manufactured homes that are placed or substantially improved within Zones Al -30, AH, and AE on
the community's FIRM on sites
(i) Outside of a manufactured home park or subdivision,
(ii) In a new manufactured home park or subdivision,
(iii) In an expansion to an existing manufactured home park or subdivision, or
(iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial
damage" as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately
anchored foundation system to resist floatation collapse and lateral movement.
(7) Require within any AO zone on the community's FIRM that all new construction and substantial improvements of
residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as
high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is
specified);
(8) Require within any AO zone on the community's FIRM that all new construction and substantial improvements of
nonresidential structures (i) have the lowest floor (including basement) elevated above the highest adjacent grade at
least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is
specified), or (ii) together with attendant utility and sanitary facilities be completely f floodproofed to that level to meet
the floodproofing standard specified in §60.3(c)(3)(ii);
(9) Require within any A99 zones on a community's FIRM the standards of paragraphs (a)(1) through (a)(4)(i) and
(b)(5) through (b)(9) of this section;
(10) Require until a regulatory floodway is designated, that no new construction, substantial improvements, or other
development (including fill) shall be permitted within Zones Al -30 and AE on the community's FIRM, unless it is
demonstrated that the cumulative effect of the proposed development, when combined with all other existing and
anticipated development, will not increase the water surface elevation of the base flood more than one foot at any
point within the community.
(11) Require within Zones AH and AO, adequate drainage paths around structures on slopes, to guide floodwaters
around and away from proposed structures.
(12) Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured
home park or subdivision within Zones A -1 -30, AH, and AE on the community's FIRM that are not subject to the
provisions of paragraph (c)(6) of this section be elevated so that either
(i) The lowest floor of the manufactured home is at or above the base flood elevation, or
(ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least
equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately
anchored foundation system to resist floatation, collapse, and lateral movement.
(13) Notwithstanding any other provisions of §60.3, a community may approve certain development in Zones Al -30,
AE, and AH, on the community's FIRM which increase the water surface elevation of the base flood by more than
one foot, provided that the community first applies for a conditional FIRM revision, fulfills the requirements for such
a revision as established under the provisions of §65.12, and receives the approval of the Federal Insurance
Administrator.
(14) Require that recreational vehicles placed on sites within Zones Al -30, AH, and AE on the community's FIRM
either
(i) Be on the site for fewer than 180 consecutive days,
(ii) Be fully licensed and ready for highway use, or
[41 FR 46975, Oct. 26, 1976] httD:Hecfr.2noaccess.2ov Accessed July 20, 2009.
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44 Code of Federal Regulations
(iii) Meet the permit requirements of paragraph (b)(1) of this section and the elevation and anchoring requirements for
"manufactured homes" in paragraph (c)(6) of this section.
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by
quick disconnect type utilities and security devices, and has no permanently attached additions.
(d) When the Federal Insurance Administrator has provided a notice of final base flood elevations within Zones Al -30
and/or AE on the community's FIRM and, if appropriate, has designated AO zones, AH zones, A99 zones, and A zones
on the community's FIRM, and has provided data from which the community shall designate its regulatory floodway,
the community shall:
(1) Meet the requirements of paragraphs (c) (1) through (14) of this section;
(2) Select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway
must be designed to carry the waters of the base flood, without increasing the water surface elevation of that flood
more than one foot at any point;
(3) Prohibit encroachments, including fill, new construction, substantial improvements, and other development within
the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that the proposed encroachment would not result in any
increase in flood levels within the community during the occurrence of the base flood discharge;
(4) Notwithstanding any other provisions of §60.3, a community may permit encroachments within the adopted
regulatory floodway that would result in an increase in base flood elevations, provided that the community first
applies for a conditional FIRM and floodway revision, fulfills the requirements for such revisions as established
under the provisions of §65.12, and receives the approval of the Federal Insurance Administrator.
(e) When the Federal Insurance Administrator has provided a notice of final base flood elevations within Zones Al -30
and,'or AE on the community's FIRM and, if appropriate, has designated AH zones, AO zones, A99 zones, and A zones
on the community's FIRM, and has identified on the community's FIRM coastal high hazard areas by designating Zones
V 1 -30, VE, and/or V, the community shall:
(1) Meet the requirements of paragraphs (c)(1) through (14) of this section;
(2) Within Zones V 1 -30, VE, and V on a community's FIRM, (i ) obtain the elevation (in relation to mean sea level)
of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and
substantially improved structures, and whether or not such structures contain a basement, and (ii) maintain a record of
all such information with the official designated by the community under §59.22(a)(9)(iii);
(3) Provide that all new construction within Zones V1 -30, VE, and V on the community's FIRM is located landward
of the reach of mean high tide;
(4) Provide that all new construction and substantial improvements in Zones V1-30 and VE, and also Zone V if base
flood elevation data is available, on the community's FIRM, are elevated on pilings and columns so that (i) the bottom
of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or
ab. ve the base flood level; and (ii) the pile or column foundation and structure attached thereto is anchored to resist
flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all
building components. Water loading values used shall be those associated with the base flood. Wind loading values
used shall be those required by applicable State or local building standards. A registered professional engineer or
architect shall develop or review the structural design, specifications and plans for the construction, and shall certify
that the design and methods of construction to be used are in accordance with accepted standards of practice for
meeting the provisions of paragraphs (e)(4) (i) and (ii) of this section.
(5) Provide that all new construction and substantial improvements within Zones V1 -30, VE, and V on the
community's FIRM have the space below the lowest floor either free of obstruction or constructed with non -
supporting breakaway walls, open wood lattice -work, or insect screening intended to collapse under wind and water
loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or
supporting foundation system. For the purposes of this section, a breakway wall shall have a design safe loading
resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakway walls which exceed a
design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or State
[41 FR 46975, Oct. 26, 1976] htta: / /ecfr. , 2boaccess.aov Accessed July 20, 2009.
`t
44 Code of Federal Regulations
codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet
the following conditions:
(i) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood;
and,
(ii) The elevated portion of the building and supporting foundation system shall not be subject to collapse,
displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all
building components (structural and non - structural). Water loading values used shall be those associated with the base
flood. Wind loading values used shall be those required by applicable State or local building standards.
Such enclosed space shall be useable solely for parking of vehicles, building access, or storage.
(6) Prohibit the use of fill for structural support of buildings within Zones VI-30, VE, and V on the community's
FIRM;
(7) Prohibit man -made alteration of sand dunes and mangrove stands within Zones V1 -30, VE, and V on the
community's FIRM which would increase potential flood damage.
(8) Require that manufactured homes placed or substantially improved within Zones V1 -30, V, and VE on the
corn- munity's FIRRM on sites
(i) Outside of a manufactured home park or subdivision,
(ii) In a new manufactured home park or subdivision,
(iii) In an expansion to an existing manufactured home park or subdivision, or
(iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial
damage" as the result of a flood, meet the standards of paragraphs (e)(2) through (7) of this section and that
manufactured homes placed or substantially improved on other sites in an existing manufactured home park or
subdivision within Zones VI -30, V, and VE on the community's FIRM meet the requirements of paragraph (c)(12) of
this section.
(9) Require that recreational vehicles placed on sites within Zones V1 -30, V, and VE on the community's FIRM
either
(i) Be on the site for fewer than 180 consecutive days,
(ii) Be fully licensed and ready for highway use, or
(iii) Meet the requirements in paragraphs (b)(1) and (e) (2) through (7) of this section.
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by
quick disconnect type utilities and security devices, and has no permanently attached additions.
(f) When the Federal Insurance Administrator has provided a notice of final base flood elevations within Zones Al -30
or AE on the community's FIRM, and, if appropriate, has designated AH zones, AO zones, A99 zones, and A zones on
the community's FIRM, and has identified flood protection restoration areas by designating Zones AR, AR/A1 -30,
AR/AE, AR/AH, AR/AO, or AR/A, the community shall:
(1) Meet the requirements of paragraphs (c) (1) through (14) and (d)(1) through (4) of this section.
(2) Adopt the official map or legal description of those areas within Zones AR, AR/A1 -30, AR/AE, AR/AH, AR/A,
or AR/AO that are designated developed areas as defined in §59.1 in accordance with the eligibility procedures under
§65.14.
(3) For all new construction of structures in areas within Zone AR that are designated as developed areas and in other
areas within Zone AR where the AR flood depth is 5 feet or less:
(i) Determine the lower of either the AR base flood elevation or the elevation that is 3 feet above highest adjacent
grade; and
(ii) Using this elevation, require the standards of paragraphs (c)(1) through (14) of this section.
[41 FR 46975, Oct. 26, 1976] htta://ecfr.2Doaccess. gov Accessed July 20, 2009.
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44 Code of Federal Regulations
(4) For all new construction of structures in those areas within Zone AR that are not designated as developed areas
where the AR flood depth is greater than 5 feet:
(i) Determine the AR base flood elevation; and
(ii) Using that elevation require the standards of paragraphs (c)(1) through (14) of this section.
(5) For all new construction of structures in areas within Zone AR/A1 -30, AR/AE, AR/AH, AR/AO, and AR/A:
(i) Determine the applicable elevation for Zone AR from paragraphs (a)(3) and (4) of this section;
(ii) Determine the base flood elevation or flood depth for the underlying Al -30, AE, AH, AO and A Zone; and
(iii) Using the higher elevation from paragraphs (a)(5)(i) and (ii) of this section require the standards of paragraphs
(c)(1) through (14) of this section.
(6) For all substantial improvements to existing construction within Zones AR/A1 -30, AR/AE, AR/AH, AR/AO, and
AR/A:
(i) Determine the Al -30 or AE, AH, AO, or A Zone base flood elevation; and
(ii) Using this elevation apply the requirements of paragraphs (c)(1) through (14) of this section.
(7) Notify the permit applicant that the area has been designated as an AR, AR/A1 -30, AR/AE, AR/AH, AR/AO, or
AR/A Zone and whether the structure will be elevated or protected to or above the AR base flood elevation.
[41 FR 46975, Oct. 26, 1976] httD ://ecfr.2Doaccess.2ov.,Accessed July 20, 2009.
P"I'M
ORDINANCE NO. 2215
COUNCIL MEMBER RYAN INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AMENDING SECTION 1002 SFP FLOODPLAIN DISTRICT
PERTAINING TO DEFINITIONS AND REGULATIONS IN THE FLOODWAY OVERLAY
DISTRICT AND FLOOD FRINGE OVERLAY DISTRICT; ADOPTING THE FLOOD
INSURANCE STUDY (FIS) AND FLOOD INSURANCE RATE MAP (FIRM) PREPARED BY
THE DEPARTMENT OF HOMELAND SECURITY'S FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA) EFFECTIVE JANUARY 6, 2012; PROVIDING FOR ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO BE
REPEALED AND PROVIDING THAT SAID ORDINANCE SHALL BE IN FULL FORCE
AND EFFECT FOLLOWING PASSAGE AND PUBLICATION AS REQUIRED BY LAW AND
ORDERING THE ORDINANCE PUBLISHED IN PAMPHLET FORM.
WHEREAS, the US Department of Homeland Security's Federal Emergency Management
Agency (FEMA) Regional Office has prepared a new Flood Insurance Study and Flood Insurance
Rate Maps (FIRM) effective January 6, 2012, and
WHEREAS, the US Department of Homeland Security's Federal Emergency Management
Agency (FEMA) Regional Office has requested the City of Blair approve floodplain management
measures that satisfy 44 Code of Federal Regulations (CFR) Section 60.3 of the National Flood
Insurance Program (NFIP) regulations, and
WHEREAS, the City of Blair has previously adopted floodplain management measures
that meet or exceed the minimum NFIP requirements by Zoning Ordinance Section 1002 SFP
Flood Plain District, and
WHEREAS, the City of Blair has reviewed the 44 Code of Federal Regulations (CFR) to
confirm the City's Zoning Ordinance Section 1002 SFP Flood Plain District meets or exceeds the
minimum NFIP requirements,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA:
SECTION 1. That attached hereto, marked Exhibit "A" and incorporated by this reference
herein, is a copy of the City of Blair's Zoning Ordinance Section 1002 SFP Flood Plain District,
which meets or exceeds the minimum NFIP requirements, and
SECTION 2. That the City of Blair hereby adopts the Flood Insurance Study (FIS) and
Flood Insurance Rate Map (FIRM) as prepared by FEMA to be effective January 6, 2012, and
SECTION 3. That the City of Blair's Zoning Ordinance Section 1002 SFP Flood Plan
District shall be submitted to the Floodplain Management Program at the Nebraska Department of
Natural Resources as confirmation the City of Blair will continue in the NFIP as required by
FEMA.
SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 5. This ordinance shall be in full force and effect from and after its passage,
approval and publication as provided by law and ordering the ordinance published in pamphlet
form.
PASSED AND APPROVED this 13TH day of December, 2011.
CITY OF BLAIR, NEBRASKA
%M E. !LPH MAYO
ATTEST:
"00", / /?
- --L: x
BKENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
COUNTY OF WASHINGTON )
BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified, and acting City
Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was duly passed
and approved at a regular meeting of the Mayor and City Council of said City held on the 13th day
of December, 2011.
BRENDA R. WHEELER, CITY CLERK
SECTION 1002 SFP - FLOOD PLAIN DISTRICT
1002.01 INTENT: The Legislature of the State of Nebraska has delegated the responsibility to local
governmental units to adopt zoning regulations designed to protect the public health, safety and
general welfare. The Legislature, in Sections 31 -1001 to 31 -1022, R.R.S. 1943 (as amended), has
further assigned the responsibility to adopt, administer, and enforce floodplain management
regulations to the county, city or village with zoning jurisdiction over the flood -prone area.
Therefore, these regulations are intended to minimize the extent of floods and reduce the height and
violence thereof; to minimize the hazard of loss of lives and property caused by floods; and to secure
safety from floods through the confinement of floods through reasonable limits by regulating and
restricting areas of development along or in natural watercourses and drainways. This district is
created to be appended to any district which is subject to periodic flooding.
1002.02 PERMITTED PRINCIPAL USES AND STRUCTURES: Any permitted principal use and
structure in the Parent District to which this district is made a part, provided, that such uses and
structures meet the minimum requirements of this Section.
1002.03 PERMITTED ACCESSORY USES AND STRUCTURES: Any permitted accessory use
and structure in the Parent District to which this district is made a part, provided, that such uses and
structures meet the minimum requirements of this Section.
1002.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been
fulfilled, the City Council may permit all conditional uses permitted as exceptions in the Parent
District of which this district is made a part, provided, that such uses and structures meet the
minimum requirements of this Section.
1002.05 GENERAL CONDITIONS AND CONDITIONS FOR GRANTING EXCEPTIONS:
Notwithstanding the requirements of Article 14 of this Ordinance, the regulations in this Section
shall supplement any General Conditions and /or Conditions for Granting Exceptions which are
provided in the Parent District of which this district is made a part. These regulations shall
supersede those of the Parent District where there is a conflict among regulations.
1002.06 PROHIBITED USES AND STRUCTURES: All uses prohibited in the Parent District of
which this district is made a part shall be prohibited.
1002.07 MINIMUM LOT REQUIREMENTS: The lot requirements of the Parent District of which
this district is made a part shall be the minimum lot requirements subj ect to additional requirements
as prescribed by the City Council.
1002.08 MINIMUM YARD REQUIREMENTS: The yard requirements of the Parent District of
which this district is made a part shall be the minimum yard requirements subject to additional
requirements as prescribed by the City Council.
1002.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKS /WATER COURSES: The
additional setback requirements of the Parent District of which this district is made a part shall be the
City of Blair Zoning Regulations Article 10, Section 1002, page 1
additional setback requirements.
1002.09 MAXIMUM LOT COVERAGE: The lot coverage requirements of the Parent District of
which this district is made a part shall be the maximum lot coverage requirements subject to
additional requirements as prescribed by the City Council.
1002.10 MAXIMUM HEIGHT: The height requirements of the Parent District of which this district
is made a part shall be the maximum height requirements subject to additional requirements as
prescribed by the City Council.
1002.11 SIGN REGULATIONS: The sign regulations of the Parent District of which this district is
made a part shall be the minimum requirements for sign regulations subject to additional
requirements as prescribed by the City Council.
1002.12 OFF - STREET PARKING: The off - street parking requirements of the Parent District of
which this district is made a part shall be applicable.
1002.13 DEFINITIONS: Unless specifically defined below, words or phrases used in this Section
shall be interpreted so as to give them the same meaning as they have in common usage and so as to
give this Section its most reasonable application.
APPEAL - a request for a review of the City Administrator and /or his designee's
interpretation of any provision of this ordinance or a request for a variance.
AREA OF SHALLOW FLOODING - a designated AO or AH zone or a community's Flood
Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an
average depth of one to three feet where a clearly defined channel is unpredictable and where
velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD - the land in the floodplain within a community
subject to one percent or greater chance of flooding in any given year.
BASE FLOOD — the flood having one percent chance of being equaled or exceeded in any
given year.
BASE FLOOD ELEVATION - elevation indicated in the official flood plain study as the
elevation of the 100 -year flood.
BASE FLOOD PROTECTION ELEVATION - an elevation one foot higher than the water
surface elevation of the base flood.
BASEMENT - any area of the building having its floor subgrade (below ground level) on all
sides.
City of Blair Zoning Regulations Article 10, Section 1002, page 2
CHANNEL - a natural or artificial watercourse of perceptible extent, with a definite bed and
banks to confine and conduct continuously or periodically flowing water. Channel flow,
thus, is that water which is flowing within the limits of a defined channel.
COMMUNITY - any state or area or political subdivision thereof which has authority to
adopt and enforce plain management regulations for the areas within its jurisdiction.
DEVELOPMENT - any man -made 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 or storage of equipment or materials.
EXISTING CONSTRUCTION - (for the purposes of determining rates) structures for which
the "start of construction" commenced before the effective date of the FIRM or before
January 1, 1975, for FIRM's effective before that date. "Existing Construction" may also be
referred to as "existing structures ".
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION — a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on which the
manufactured 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
complete before the effective date of the floodplain management regulations adopted by a
community.
EXPANSION TO AN EXISTING MANUFACTORED HOME PARK OR SUBDIVISION —
the preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
FLOOD or FLOODING - a general and temporary condition of partial or complete
inundation of normally dry land areas from:
1) the overflow of inland or tidal waters; or
2) the unusual and rapid accumulation of run -off of surface waters from any
source.
FLOOD FRINGE (FF) - that area of the floodplain, outside of the floodway, that on an
average is likely to be flooded once every 100 years (i.e., that has a one percent chance of
flood occurrence in any one year).
FLOOD INSURANCE RATE MAP (FIRM) - an official map of a community, on which the
Flood Insurance Study has delineated the Flood Hazard Boundaries and the zones
establishing insurance rates applicable to the community.
FLOOD INSURANCE STUDY - the official report provided by the Federal Emergency
City of Blair Zoning Regulations Article 10, Section 1002, page 3
Management Agency. The report contains flood profiles, as well as the Flood Boundary
Floodway Map and the water surface elevation of the base flood.
FLOODPLAIN - any land area susceptible to being inundated by water from any source (see
definition of "FLOOD or FLOODING ").
FLOODPLAIN MANAGEMENT - the operation of an overall program of corrective and
preventive measures for reducing flood damage, including but not limited to emergency
preparedness plan, flood control works, and floodplain management regulations.
FLOOD PROTECTION SYSTEM - those physical structural works constructed specifically
to modify flooding in order to reduce the extent of the area within a community subject to a
"special flood hazard." Such a system typically includes levees or dikes. These specialized
modifying works are those constructed in conformance with sound engineering standards.
FLOOD PROOFING - any combination of structural and non - structural additions, changes or
adjustments to structures, including utility and sanitary facilities, which would preclude the
entry of water. Structural components shall have the capability of resisting hydrostatic and
hydrodynamic loads and the effect of buoyancy.
FLOODWAY (FW) or REGULATORY FLOODWAY - the channel of a river or other
watercourse and the adjacent portion of the floodplain that must be reserved in order to
discharge the 100 -year flood without cumulatively increasing the water surface elevation
more than one foot at any point, assuming equal conveyance reduction outside the channel
from the two sides of the floodplain.
FREEBOARD - a factor of safety usually expressed in feet above a flood level for purposes
of floodplain management. "Freeboard" tends to compensate for the many unknown factors
that could contribute to flood heights greater than the height calculated for a selected size
flood and floodway conditions, such as wave action, clogged bridge openings, and the
hydrological effect of urbanization of the watershed.
HIGHEST ADJACENT GRADE - the highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure. .
HISTORIC STRUCTURE - any structure that is (a) listed individually on the National
Register of Historic Places (a list maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements for individual listing
on the National Register; (b) certified or preliminarily determined by the Secretary of the
Interior as contributing to the historic significance of a registered historic district or a district
preliminarily determined by the Secretary to qualify as a registered historic district; or (c)
individually listed on a state inventory of historic places.
LOWEST FLOOR - the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access
City of Blair Zoning Regulations Article 10, Section 1002, page 4
or storage, in an area other than a basement area, is not considered a building's lowest floor,
provided that such enclosure is not built so as to tender the structure in violation of the
applicable non - elevation design requirements of this ordinance.
MANUFACTURED HOME - a structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent foundation
when connected to the required utilities. The term "manufactured home" does not include a
"recreational vehicle ".
MANUFACTURED HOME PARK OR SUBDIVISION - a parcel (or contiguous parcels) of
land divided into two or more manufacture home lots for rent or sale.
NEW CONSTRUCTION - structures for which the start of construction or substantial
improvement is commenced on or after the effective date of the floodplain management
regulations adopted by a community and includes any subsequent improvements to such
structures.
NEW MANUFACTORED HOME PARK OR SUBDIVISION — a manufactured home park
or subdivision for which the construction of facilities for servicing the lots on which the
manufactured 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
complete before the effective date of the floodplain management regulations adopted by a
community..
OVERLAY DISTRICT - a district in which additional requirements act in conjunction with
the underlying zoning district(s). The original zoning district designation does not change.
PRINCIPALLY ABOVE GROUND - at least 51 percent of the actual cash value of the
structure is above ground.
RECREATIONAL VEHICLE - a vehicle which is (a) built on a single chassis; (b) 400
square feet or less when measured at the largest horizontal projections; (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.
SPECIAL FLOOD HAZARD AREA - the land in the floodplain within a community subject
to one percent or greater chance of flooding in any given year.
START OF CONSTRUCTION - (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (Pub. L. 97 -348) includes substantial
improvement, and means the date the building 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 or other improvement was within
180 days of the permit date. The actual start means the first placement of permanent
City of Blair Zoning Regulations Article 10, Section 1002, page 5
construction of a structure on a site, such as the pouring of a slab or footings, the installation
of piles, the construction of columns, or any work beyond the state of excavation; or the
placement of a manufactured 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 a building, whether or not the alteration affects the external dimensions of the
building.
STRUCTURE - a walled and roofed building that is principally above ground, as well as a
manufactured home, and a gas or liquid storage tank that is principally above ground.
SUBSTANTIAL DAMAGE - damage of any origin sustained by a structure whereby the cost
of restoring the structure to its before - damaged condition would equal or exceed 50 percent
of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT - any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market
value of the structure before "start of construction" of the improvement. This includes
structures which have incurred "substantial damage," regardless of the actual repair work
performed. The term does not, however, include either (1) any project for improvement of a
structure to correct existing violations of state or local health, sanitary, or safety code
specifications which have been identified by the local code enforcement official and which
are the minimum necessary to assure safe living conditions, or (2) any alteration of a
"historic structure," provided that the alteration will not preclude the structure's continued
designation as a "historic structure."
VARIANCE - a grant of relief to a person from the requirements of this ordinance which
permits construction in a manner otherwise prohibited by this ordinance where specific
enforcement would result in unnecessary hardship.
VIOLATION - a failure of a structure or other development to be fully compliant with the
community's floodplain management regulations.
1002.14 FINDINGS OF FACT
1) FLOOD LOSSES RESULTING FROM PERIODIC INUNDATION: The flood
hazard areas of Blair, Nebraska, are subject to inundation which results 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.
City of Blair Zoning Regulations Article 10, Section 1002, page 6
2) GENERAL CAUSES OF THESE FLOOD LOSSES: These flood losses are caused
by: (1) The cumulative effect of obstruction in floodways causing increases in flood
heights and velocities, (2) The occupancy of flood hazard areas by uses vulnerable to
floods or hazardous to others, which are inadequately or otherwise protected from
flood damages.
3) METHODS USED TO ANALYZE FLOOD HAZARDS: This Section uses a
reasonable method of analyzing flood hazards which consists of a series of
interrelated steps.
A) Selection of a base flood which is based upon engineering calculations which
permit a consideration of such flood factors as its expected frequency of
occurrence, the area inundated, and the depth of inundation. The base flood
selected for this ordinance is representative of large floods which are
reasonably characteristic of what can be expected to occur on the particular
streams subject to this ordinance. It is in the general order of a flood which
could be expected to have a one percent (1%) chance of occurrence in any
one year, as delineated on the Flood Insurance Study, and illustrative
materials, dated January 6, 2012, as amended.
B) Calculation of water surface profiles based upon a hydraulic engineering
analysis of the capacity of the stream channel and overbank areas to convey
the base flood.
C) Computation of the floodway required to convey this flood without
increasing flood heights more than 1 foot at any point.
D) Delineation of floodway encroachment lines within which no obstruction is
permitted which would cause any water surface increase along the floodway
profile.
E) Delineation of floodway fringe, i.e., that area outside the floodway
encroachment lines, but which still is subject to inundation by the base flood.
1002.15 STATEMENT OF PURPOSE: It is the purpose of this Section to promote the public
health, safety, and general welfare and to minimize those losses described in Section 1002.14 by
applying the provisions of this Section to:
1) Restrict or prohibit uses which are dangerous to health, safety, or property in times of
flooding or cause undue increases in flood heights or velocities.
2) Require that uses vulnerable to floods, including public facilities which serve such
uses, be provided with flood protection at the time of initial construction.
3) Protect individuals from buying lands which are unsuited for intended purposes
City of Blair Zoning Regulations Article 10, Section 1002, page 7
because of flood hazard.
4) Assure that eligibility is maintained for property owners in the community to
purchase flood insurance in the National Flood Insurance Program.
1002.16 JURISDICTION: This Section shall apply to all lands within the jurisdiction of the City of
Blair identified on the Flood Insurance Rate Map (FIRM) dated January 6, 2012, as amended, as A
Zones (including AE, AH, AO, AR or A99 Zones) and /or within the Zoning Districts FW and FF
established in Section 1002.21 of this Section. In all areas covered by this Section no development
shall be permitted except upon the issuance of a floodplain development permit, granted by the City
Council or its duly designated representative, under such safeguards and restriction as they may
reasonably impose for the promotion and maintenance of the general welfare, health of the
inhabitants of the community and where specifically noted in Sections 1002.22 through 1002.26.
1002.17 ENFORCEMENT OFFICER: The City Administrator and /or his designee is hereby
designated as the City Council's duly designated Enforcement Officer under this Section.
1002.18 INTERPRETATION OF DISTRICT BOUNDARIES AND MISCELLANEOUS
PROVISIONS: The boundaries of the floodway and flood fringe overlay districts shall be
determined by scaling distances on the official zoning map or on the Flood Insurance Rate Map
(FIRM) or Floodway Map. Where interpretation is needed to the exact location of the boundaries of
the districts as shown on the official zoning map, as for example where there appears to be a conflict
between a mapped boundary and actual field conditions, the Enforcement Officer shall make the
necessary interpretation. In such cases where the interpretation is contested, the Board of Adjustment
will resolve the dispute. The base flood elevation for the point in question shall be the governing
factor in locating the district boundary on the land. The person contesting the location of the district
boundary shall be given a reasonable opportunity to present his case to the Board of Adjustment and
to submit his own technical evidence, if he so desires.
1) Compliance. Within identified special flood hazard areas of this community, no
development shall be located, extended, converted or structurally altered without full
compliance with the terms of this Section and other applicable regulations.
2) Abrogation and Greater Restrictions,. It is not intended by this Section to repeal,
abrogate or impair any existing easements, covenants, or deed restrictions. However,
where this Section imposes greater restrictions, the provision of this Section shall
prevail. All other Sections inconsistent with this Section are hereby repealed to the
extent of the inconsistency only.
3) Interpretation. In their interpretation and application, the provisions of this Section
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.
4) Warning and Disclaimer of Liabilitv. The degree of flood protection required by this
City of Blair Zoning Regulations Article 10, Section 1002, page 8
Section is considered reasonable for regulatory purposes and is based on engineering
and scientific methods of study. Larger floods may occur on rare occasions or the
flood height may be increased by man -made or natural causes, such as ice jams and
bridge openings restricted by debris. This Section does not imply that areas outside
floodway and flood fringe district boundaries or land uses permitted within such
districts will be free from flooding or flood damages. This Section shall not create
liability on the part of the City of Blair or any officer or employee thereof for any
flood damages that may result from reliance on this Section or any administrative
decision lawfully made thereunder.
5) Severability. If any section, clause, provision or portion of this Section is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this
Section shall not be affected thereby.
6) Application for Appeal. Where a request for a permit to develop or a variance is
denied by the City Administrator and /or his designee, the applicant may apply for
such permit or variance directly to the Board of Adjustment. The Board of
Adjustment may grant to deny such request by appropriate resolution adopted within
thirty (30) days after such application to the Board of Adjustment.
1002.19 FLOODPLAIN DEVELOPMENT PERMIT PROCEDURE: No person, firm or
corporation shall initiate any floodplain development or substantial improvement as defined in
Section 1002.13, or cause the same to be done, without first obtaining a separate permit for
development as described in Section 1002.20.
The City Administrator and /or his designee is hereby appointed to administer and implement the
provisions of this Section. Duties of the City Administrator and/or his designee shall include, but not
be limited to:
1) Review of all development permit applications to assure that sites are reasonably safe
from flooding and that the permit requirements of this Section have been satisfied.
2) Review applications for proposed development to assure that all necessary permits
have been obtained from those Federal, State or local governmental agencies from
which prior approval is required by Federal or State law, including Section 404 of the
Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
3) Review all subdivision proposals and other proposed new development, including
manufactured home parks or subdivisions, to determine whether such proposals will
be reasonably safe from flooding. Such proposals must meet the requirements of
Sections 1002.22 through 1002.26.
4) Notify adjacent communities and the Nebraska Department of Natural Resources
prior to any alteration or relocation of a water course, and submit evidence of such
notification to the Federal Emergency Management Agency.
City of Blair Zoning Regulations Article 10, Section 1002, page 9
5) Assure that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood carrying capacity is not diminished.
6) Verify, record and maintain record of the actual elevation (in relation to mean sea
level) of the lowest floor (including basement) of all new or substantially improved
structures in special flood hazard areas.
7) Verify, record and maintain record of the actual elevation (in relation to mean sea
level) to which new or substantially improved structures have been floodproofed.
8) When floodproofing is utilized for a particular structure the City
Administrator and /or his designee shall be presented certification from a registered
professional engineer or architect.
1002.20 APPLICATION FOR PERMIT: To obtain a floodplain development permit, the applicant
shall first file an application in writing on a form furnished for that purpose. Every such application
shall:
1) Identify and describe the development to be covered by the floodplain development
permit.
2) Described the land on which the proposed development is to be done by lot, block,
tract, house and street address, or similar description that will readily identify and
definitely locate the proposed building or development.
3) Indicate the use or occupancy for which the proposed development is intended.
4) Be accompanied by plans and specifications for the proposed development.
5) Be signed by the permitee or his or her authorized agent who may be required
to submit evidence to indicate such authority.
6) Give such other information as reasonably may be required by the City
Administrator and /or his designee.
1002.21 ESTABLISHMENT OF ZONING DISTRICTS: The mapped floodplain areas within the
jurisdiction of the City of Blair are hereby divided into the two following districts: a Floodway
Overlay District (FW) and a Flood Fringe Overlay District (FF), as identified in the Flood Insurance
Study and accompanying maps. Within these districts all uses not meeting the standards of this
Section and those standards of the underlying zoning district shall be prohibited. These zones shall
be consistent with the A Zones (including AE, AH, AO, AR or A99 Zones) as identified on the
Flood Insurance Rate Map (FIRM) dated January 6, 2012, as amended.
1002.22 BASIC STANDARDS FOR FLOODPLAIN DEVELOPMENT: No permit for
development shall be granted for new construction, substantial improvements and other
City of Blair Zoning Regulations Article 10, Section 1002, page 10
development(s), including the placement of manufactured homes within the identified floodplain,
unless the conditions of this Section are satisfied.
1) All areas identified as A Zones on the FIRM (excluding AE, AH or AO Zones) are
subject to inundation of the base flood; however, the water surface elevation has not
been provided on the FIRM. These A Zones shall be subject to all development
provisions of Section 1002.24. The community shall utilize any base flood elevation
or floodway data currently available through Federal, State or other sources,
including any data developed pursuant to Section 1002.22 (6), in meeting with the
standards of this Section.
2) New construction, subdivision proposals, substantial improvements, prefabricated
buildings, placement of manufactured homes and other developments shall meet the
following:
A) Designed (or modified) and anchored to prevent flotation, collapse or lateral
movement of the structure resulting from hydrodynamic and hydrostatic loads
including the effects of buoyancy.
B) New or replacement water supply systems and /or sanitary sewage systems
shall be designed to minimize or eliminate infiltration of flood waters into the
systems and discharges from the systems into flood waters, and on -site waste
disposal systems shall be located so as to avoid impairment or contamination.
C) Construction shall be done with materials resistant to flood damage, utilizing
methods and practices that minimize flood damages. Electrical, heating,
ventilation, plumbing, and air conditioning equipment and other service
facilities shall be designed and located to prevent water from entering or
accumulating within the components during conditions of flooding.
D) All utility and sanitary facilities shall be elevated and floodproofed up to one
foot above the regulatory flood protection elevation.
3) If a floodway has not been designated in an A Zone, no development or substantial
improvement shall be permitted within the special flood hazard areas unless the
applicant for the land use has demonstrated that the proposed development or
substantial improvement, when combined with all other existing and reasonably
anticipated developments or substantial improvements, will not increase the water
surface elevation of the base flood more than one (1) foot at any location as shown on
the Flood Insurance Study.
4) Storage of Material and Equipment
A) The storage or processing of materials which are, in times of flooding,
buoyant, flammable, explosive, or could be injurious to human, animal or
City of Blair Zoning Regulations Article 10, Section 1002, page 11
plant life, are prohibited.
B) Storage of other material or equipment is allowed if not subject to major
damage by floods and firmly anchored to prevent flotation, or if readily
removable from the area within the limited time available after a flood
warning.
5) Subdivision proposals and other proposed new development, including manufactured
home parks or subdivisions, are required to assure that:
A) All such proposals are consistent with the need to minimize flood damage;
B) All public utilities and facilities, such as sewer, gas, electrical, and water
systems, shall be located, elevated and constructed to minimize or eliminate
flood damage;
C) Adequate drainage shall be provided so as to reduce exposure to flood
hazards.
6) All new subdivision proposals and other proposed developments, including proposals
for manufactured home parks, of greater than five (5) acres or fifty (50) lots,
whichever is the lesser, shall include within such proposals the base flood elevation
data.
1002.23 FLOOD FRINGE OVERLAY DISTRICT (FF); PERMITTED USES. Any use permitted
in Section 1002.25 shall be permitted in the Flood Fringe Overlay District (FF). No use shall be
permitted in the district unless the standards of Section 1002.22 are met.
1002.24 STANDARDS FOR THE FLOOD FRINGE OVERLAY DISTRICT
1) New construction and substantial improvements of residential structures shall have
the lowest floor, including basement, elevated one (1) foot above the base flood
elevation.
2) New construction and substantial improvements of non - residential structures shall
have the lowest floor, including basement, elevated one (1) foot above the base flood
elevation or, together with attendant utility and sanitary facilities, to be floodproofed
so that below such a level the structure is watertight with walls substantially
impermeable to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A
registered professional engineer or architect shall develop and /or review the structural
design, specifications, and plans for the construction, and shall certify that the design
and methods of construction are in accordance with accepted standards of practice for
meeting the applicable provisions of this Section. Such certification shall be provided
to the City Administrator and /or his designee, as set forth in Section 1002.19 (7).
City of Blair Zoning Regulations Article 10, Section 1002, page 12
3) All new construction and substantial improvements that fully enclose areas below the
lowest floor 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 architect or meet or exceed the following
minimum criteria: 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. The bottom of all openings shall be no higher than one foot above grade.
Openings may be equipped with screens, louvers, valves, or other coverings or
devices provided that they permit the automatic entry and exit of flood waters.
4) Within AH Zones, adequate drainage paths around structures on slopes are required
in order to guide flood waters around and away from proposed structures.
5) Manufactured Homes:
A) Manufactured homes shall be anchored to resist flotation, collapse, or lateral
movement. Manufactured homes must be anchored in accordance with local
building codes or 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:
i) Over - the -top ties shall be provided at each of the four corners of the
manufactured home with two additional ties per side at intermediate
locations. Manufactured homes less than 50 feet long require only one
additional tie per side.
Frame ties shall be provided at each corner of the home with five
additional ties per side at intermediate points. Manufactured homes
less than 50 feet long require only four additional ties per side at
intermediate points.
iii) All components of the anchoring system shall be capable of carrying
a force of 4,800 pounds.
iv) Any additions to manufactured homes shall be similarly anchored.
B) Manufactured homes, which are placed or substantially improved in the
following locations, shall be elevated on a permanent foundation such that the
lowest floor of the manufactured home is at least one (1) foot above the base
flood elevation; and shall be securely anchored to an adequately anchored
foundation system pursuant to the provisions of Section 1002.24 (5)(A)
above:
i) Outside of a manufactured home park or subdivision;
City of Blair Zoning Regulations Article 10, Section 1002, page 13
In a new manufactured home park or subdivision;
In an expansion to an existing manufactured home park or
subdivisions; or
iv) In an existing manufactured home park or subdivision within which
ggy manufactured home has incurred "substantial damage" as the
result of a flood;
C) Manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision, which are not subject to the
provisions of Section 1002.24 (5)(B) above, shall be securely anchored to an
adequately anchored foundation system in accordance with the provisions of
Section 1002.24 (5)(A) above, and shall be elevated so that either
i) The lowest floor of the manufactured home is at least one (1) foot
above the base flood elevation; or
ii) The manufactured home chassis is supported by reinforced piers or
other foundation elements of at least equivalent strength that are no
less than 36 inches in height above grade. In either situation,
manufactured homes.
6) Recreational vehicles placed on sites within the special flood hazard areas on the
community's official map shall either:
i) Be on the site for fewer than 180 consecutive days,
Be fully licensed and ready for highway use, or
Meet the permit requirements and the elevation and anchoring
requirements for "manufactured homes" of this Section.
A recreational vehicle is ready for highway use if it is on its wheels or jacking
system, is attached to the site only by quick - disconnect type utilities and security
devices, and has no permanently attached additions.
7) Located within the areas of special flood hazard may be areas designated as AO
Zones. These areas have special flood hazards associated with base flood depths of 1
to 3 feet where a clearly defined channel does not exist and where the path of
flooding is unpredictable and indeterminate; therefore, the following regulations
apply within AO Zones:
A) All new construction and substantial improvements of residential structures
shall have the lowest floor (including basement) elevated above the highest
adjacent grade at least as high as one foot above the depth number specified
City of Blair Zoning Regulations Article 10, Section 1002, page 14
in feet on the community's FIRM (at least two feet if no depth number is
specified).
B) All new construction and substantial improvements of nonresidential
structures shall:
i) Have the lowest floor (including basement) elevated above the
highest adjacent grade at least as high as one foot above the depth
number specified in feet on the community's FIRM (at least two feet
if no depth number is specified), or
Together with attendant utility and sanitary facilities be completely
floodproofed to or above that level so that any space below that level
is watertight with walls substantially impermeable to the passage of
water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
Such certification shall be provided to the City Administrator and /or
his designee, as set forth in Section 1002.19 (7).
C) Adequate drainage paths around structures on slopes shall be required in
order to guide flood waters around and away from proposed structures.
1002.25 FLOODWAY OVERLAY DISTRICT (FW); PERMITTED USES: Only uses having a
low flood - damage potential and not obstructing flood flows shall be permitted within the Floodway
Overlay District to the extent that they are not prohibited by any other Sections.
The following are recommended uses for the Floodway Overlay District:
1) Agricultural uses such as general farming, pasture, nurseries, forestry.
2) Residential uses such as lawns, gardens, parking and play areas.
3) Non - residential areas such as loading areas, parking and airport landing strips.
4) Public and private recreational uses such as golf courses, archery ranges, picnic
grounds, parks, wildlife and nature preserves.
1002.26 STANDARDS FOR THE FLOODWAY OVERLAY DISTRICT
New structures for human habitation are prohibited. All encroachments, including fill, new
construction, substantial improvements, and other developments are prohibited unless certification is
provided by a registered professional engineer or architect who demonstrates through hydrologic and
hydraulic analyses performed in accordance with standard engineering practice that the development
shall not result in any increase in water surface elevations along the floodway profile during
occurrence of the base flood discharge. The uses are subject to the standards of Sections 1102.22
City of Blair Zoning Regulations Article 10, Section 1002, page 15
through 1102.24.
1002.27 VARIANCE PROCEDURES
1) The Board of Adjustment as established by the City of Blair shall hear and decide
appeals and requests for variances from the requirements of this Section.
2) The Board of Adjustment shall hear and decide appeals when it is alleged that there is
an error in any requirement, decision, or determination made by the City
Administrator and /or his designee in the enforcement or administration of this
Section.
3) Any person aggrieved by the decision of the Board of Adjustment or any taxpayer
may appeal such decision to the District Court as provided in Section 19 -912, R.R.S.
1943 (as amended).
4) In passing upon such applications, the Board of Adjustment shall consider all
technical evaluation, all relevant factors, standards specified in other sections of this
Section; and:
A) The danger that materials may be swept onto other lands to the injury of
others;
B) The danger to life and property due to flooding or erosion damage;
C) The susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner;
D) The importance of the services provided by the proposed facility to the
community;
E) The necessity to the facility of a waterfront location, where applicable;
F) The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use;
G) The compatibility of the proposed use with existing and anticipated
development;
H) The relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
I) The safety of access to the property in times of flood for ordinance and
emergency vehicles;
i) The expected heights, velocity, duration, rate of rise and sediment
City of Blair Zoning Regulations Article 10, Section 1002, page 16
transport of the flood waters and the effects of wave action, if
applicable, expected at the site; and
ii) The costs of providing governmental services during and after flood
conditions including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water systems, and streets
and bridges.
5) Conditions for variances:
A) Generally, variances may be issued for new construction and substantial
improvements to be erected on a lot of one -half acre or less in size contiguous
to and surrounded by lots with existing structures constructed below the base
flood level, providing items 2 - 6 below have been fully considered. As the
lot size increases beyond the one -half acre, the technical justification required
for issuing the variance increases.
B) Variances may be issued for the repair or rehabilitation of historic structures
upon a determination that the proposed repair or rehabilitation will not
preclude the structure's continued designation as a historic structure and the
variance is the minimum necessary to preserve the historic character and
design of the structure.
C) Variances shall not be issued within any designated floodway if any increase
in flood levels along the floodway profile during the base flood discharge
would result.
D) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
E) Variances shall only be issued 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 a 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 laws or
ordinances.
F) The applicant shall be given a written notice over the signature of a city
official that:
City of Blair Zoning Regulations Article 10, Section 1002, page 17
i) The issuance of a variance to construct a structure below the base
flood level will result in increased premium rates for flood insurance
up to amounts as high as $25.00 for $100.00 of insurance coverage;
and
ii) Such construction below the base flood level increases risk to life and
property. Such notification shall be maintained with a record of all
variance actions as required by this Section.
1002.28 NONCONFORMING USE:
1) A structure or the use of a structure or premises which was lawful before the passage
or amendment of the Section, but which is not in conformity with the provisions of
this Section, may be continued subject to the following conditions:
A) No such use or substantial improvement of that use shall be expanded,
changed, enlarged, or altered in a way which increases its conformity.
B) If such use is discontinued for six consecutive months, any future use of the
building premises shall conform to this Section. The Utility Department shall
notify the City Administrator and /or his designee in writing of instances of
nonconforming uses where utility services have been discontinued for a
period of six months.
C) Uses or adjuncts thereof which are or become nuisances shall not be entitled
to continue as nonconforming uses.
D) 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, except if it is
reconstructed in conformity with the provisions of this Section. 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 or a State Inventory of Historic Places, provided that the alteration
shall not preclude its continued designation.
1002.29 PENALTIES FOR VIOLATION: Violation of the provisions of this Section or failure to
comply with any of its requirements (including violations of conditions and safeguards established in
connection with grants of variances or special exceptions) shall constitute a misdemeanor. Any
person who violates this Section or fails to comply with any of its requirements shall upon
conviction thereof be fined not more than $100.00, and in addition, shall pay all costs and expenses
involved in the case. Each day such violation continues shall be considered a separate offense.
Nothing herein contained shall prevent the City of Blair or other appropriate authority from taking
such other lawful action as is necessary to prevent or remedy any violation.
City of Blair Zoning Regulations Article 10, Section 1002, page 18
1002.30 AMENDMENTS: The regulations, restrictions, and boundaries set forth in this Section
may from time to time be amended, supplemented, changed, or appealed to reflect any and all
changes in the National Flood Disaster Protection Act of 1973, provided, however, that no such
action may be taken until after a public hearing in relation thereto, at which parties in interest and
citizens shall have an opportunity to be heard. At least 15 days notice of the time and place of such
hearing shall be published in newspaper of general circulation in the City of Blair. A copy of such
amendments shall be provided to the Federal Emergency Management Agency. The regulations of
this Section are in compliance with the National Flood Insurance Program Regulations as published
in Title 44 of the Code of Federal Regulations and the 1983 Nebraska Flood Plain Management Act.
City of Blair Zoning Regulations Article 10, Section 1002, page 19
City of Blair Zoning Regulations Article 10, Section 1002, page 20