Article 10-1002-SFP Flood PlanSECTION 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
, provided, that such uses and structures meet the
District of which this district is made a part
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 subject 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 or
City of Blair Zoning Regulations Article 10, Section 1002, page 4
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.
2) GENERAL CAUSES OF THESE FLOOD LOSSES: These flood losses are caused
City of Blair Zoning Regulations Article 10, Section 1002, page 6
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
because of flood hazard.
City of Blair Zoning Regulations Article 10, Section 1002, page 7
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
as amended,
Blair identified on the Flood Insurance Rate Map (FIRM) dated January 6, 2012, 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 Liability. The degree of flood protection required by this
Section is considered reasonable for regulatory purposes and is based on engineering
City of Blair Zoning Regulations Article 10, Section 1002, page 8
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.
5)Assure that maintenance is provided within the altered or relocated portion of said
City of Blair Zoning Regulations Article 10, Section 1002, page 9
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
development(s), including the placement of manufactured homes within the identified floodplain,
City of Blair Zoning Regulations Article 10, Section 1002, page
10
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 plant
life, are prohibited.
City of Blair Zoning Regulations Article 10, Section 1002, page
11
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).
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
City of Blair Zoning Regulations Article 10, Section 1002, page
12
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.
ii)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;
ii)In a new manufactured home park or subdivision;
City of Blair Zoning Regulations Article 10, Section 1002, page
13
iii)In an expansion to an existing manufactured home park or
subdivisions; or
iv)In an existing manufactured home park or subdivision within which
any 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,
ii)Be fully licensed and ready for highway use, or
iii)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 in
feet on the community’s FIRM (at least two feet if no depth number is
specified).
City of Blair Zoning Regulations Article 10, Section 1002, page
14
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
ii)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
through 1102.24.
City of Blair Zoning Regulations Article 10, Section 1002, page
15
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
transport of the flood waters and the effects of wave action, if
applicable, expected at the site; and
City of Blair Zoning Regulations Article 10, Section 1002, page
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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:
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;
City of Blair Zoning Regulations Article 10, Section 1002, page
17
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.
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
City of Blair Zoning Regulations Article 10, Section 1002, page
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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.
(END OF SECTION)
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