Ordinance No. 1895ORDINANCENO. 1895
AN ORDINANCEREPEALING ARTICLE 1. FLOOD PLAIN DISTRICT FROM CHAPTER 13
OF THE MUNICIPAL CODE OF THE CITY OF BLAIR AND AMENDING SECTION 1002 SFP
FLOOD.-PLAIN DISTRICT OF THE ZONING REGULATIONS OF THE CITY OF BLAIR
(ORDINANCE 1798) PERTAINING TO DEFINITIONS AND REGULATIONS IN THE FLOOD
PLAIN DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE
AND EFFECT; AND PROVIDING THAT THOS ORDINANCE BE PUBLISHED IN PAMPHLET
FORM.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLA.IR,
NEBRASKA, AS FOLLOWS:
SECTION 1. Article 1 of Chapter 13 of the Municipal Code of the City of Blair, Nebraska,
pertaining to Flood Plain Districts and the regulations thereof is hereby repealed in its entirety.
SECTION 2. Section 1002 SFP Flood Plain District of the Zoning Regulations of the City
of Blair, Nebraska (Ordinance 1798) is. hereby amended in its entirety, as follows:
SECTION 1002 SFP FLOOD PLAIN DISTRICT
1002.01- INTENT: This district is intended for application inthose areas which have
been defined by the NebraskaNatural Resources Commission as being Commission
Floodways or which by reason of historical documentation and other data have been
defined by the Planning Commission as being flood hazard areas. The regulations
are intended to minimiz the extent of. floods and reduce the height and violence
thereof; to minimiz 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 suchuses and structures iao eetthe minimum requirements of SECTION
1002.05 of this Ordinance.
1002.03 PERMITTED ACCESSORYUSES AND STRUCTURES: Anypermitted
accessory use and structure in the Parent District to which this district is made a part,
provided, that suchuses and structures meet the minimum requirements of SECTION
1002.05 of this Ordinance.
(b) Foundations of all structures shall be designed and
constructed to withstand flood conditions at the proposed
construction site.
(c) Basements, lower floors, or appurtenances located below the
elevation of the 100 year flood shall be designed and
constructed to prevent passage of water into the building or
structure and to withstand flood conditions, including
hydrostatic pressures of elevated water tables and the
momentum offload flows. Materials for construction shall be
of alype not deteriorated appreciably by water. Windows,
doorways, and other openings into the building or structure
that are located belowthe elevation ofthe 100 year flood shall
be designed and constructed incorporating adequate flood
proofing.
(d) All electrical equipment, circuits, and installed electric
appliances shall be located so as to not be subject to flooding
or shall*be flood proofed to prevent damage resulting from
inundation from the 100 year flood.
(e) Sanitary and storm sewer drains shall be equipped with valves
capable ofbeing closed, manually or automatically, to prevent
backup of sewage and storm waters into the building or
structure. Gravity draining of basements may be eliminated
by mechanical devices.
(f) Any chemical storage, explosive, buoyant, and inflammable
liquid storage shall be located above the 100 year flood level
or shall be adequately flood proofed to prevent flotation of
tanks or other appreciable damage or escape into the flood
waters of toxic materials.
(g) Land may be filled provided such fill extends 15 feet beyond
the limits of any building or structure erected thereon.
1002.06 PROHBITED 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 M[NIMUM 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.
P
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 additional setback requirements.
BASEMENT - any area of the building having its floor subgrade (below ground
level) on all sides.
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.
CON RY IUNITY- anystateorareaorpoliti calsubdivisionthereofwhichhasauthority
to adopt and enforce plain management regulations for the areas within its
jurisdiction.
DEVELOPMENT - any manmade change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation, or drilling operations.
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 the FIRM's effective before that date. "Existing
Construction" may also be referred to as "existing structures ".
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 INSURANCE RATE MAP (FIRM) -- an official map of a community, on
whichthe Flood Insurance Studyhas delineated the Flood HazardBoundaries andthe
zones establishing insurance rates applicable to the community.
FLOOD INSURANCE STUDY - the official report provided by the Federal
Emergency Management Agency. The report contains flood profiles, as well as the
Flood Boundary Floodway Map and the water surface elevation of the base flood.
FLOOD PLAIN - any land area susceptible to being inundated by water from any
source (see definition of "FLOOD OR FLOODING').
FLOOD PLAIN 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 flood plain management
regulations.
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. For flood plain
management purposes, the.term "manufactured home" also includes park trailers,
travel trailers, and other similar vehicles placed on a site for greater than 180
consecutive days. For insurance purposes, the term "manufacture home" does not
include park trailers, travel trailers, and other similar vehicles.
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 FIRM.
OVERLAY DISTRICT - a district which acts in conjunction with the underlying
zoning district or districts.
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 flood plain 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, 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 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 abasement, footings, or foundations or
the erection of tdlrnporary 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.
r
1002.104 METHODS USED TO ANALYZE FLOOD HAZARDS: This Section
uses a reasonable method of analyzing flood hazards which consists of a series of
interrelated steps.
1. 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 0 /6) chance of occurrence in any one
year, as delineated in the official flood plain study, and
illustrative materials dated July 16, 1981, as amended.
2. Calculation of water surface profiles based upon a hydraulic
engineering analysis'.ofthe capacity ofthe stream channel and
overbank areas to convey the base flood.
3. Computation of the floodway required_ to convey this flood
without increasing flood heights more than 1 foot at any
point.
4. Delineation of floodway encroachment lines within which no
obstruction is permitted which would cause any increase in
flood height. .
5. Delineation of floodway fringe i.e., that area outside the
floodway encroachment lines but which still is subject to
inundation by the base flood.
1002.105 STATEMENT OF PURPOSE: It is the purpose ofthis Sectionto promote
the public health, safety, and general welfare and to minimiz those losses described
in Section 1002.103 by applying the provisions of this Section to:
L • 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.
4. Assure that eligibility is maintained forproperty owners inthe
o immunity to purchase flood insurance in the National Flood
Insurance Program when identified by the Federal Insurance
Administration as a flood prone community.
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 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 implythat
areas outside floodway and floodway 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.
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.
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 (3 0) days after such date of such application to the Board of Adjustment:
DEVELOPMENT PERMIT.
1. PERMIT REQUIRED. No person, firm, or corporation shall
initiate any development or substantial improvement or cause the
same to be done without first obtaining a separate permit for
development as defined in Section 1002.110.
2. ADMMSTRATION. The City Administrator and/or his designee
is hereby appointed to administer and implement the provisions of
this Section.
A. Duties of the City Administrator and/or his designee shall
include, but not be limited to:
(1) Review all development permits to assure that sites
are reasonably safe from flooding and that the permit
requirements of this Section have been satisfied.
(2) Review permits 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.
(3) Notify adjacent communities and the Nebraska
Natural Resources Commission Flood Plain
Management Section prior to any alteration or
relocation of a watercourse, and shall submit evidence
of such notification to the Federal Insurance
7. When flood proofing is utilized for a particular structure the'City
Administrator and/or his designee shall be presented certification
from a registered professional engineer or architect.
1002.110 FLOOD PLAIN DISTRICT; APPLICATION FOR PERMIT: To obtain
a 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 work to be covered by the permit.
2. Described the land on which the proposed work is to be done by lot,
block tract and house and street address,: or similar description that
will readily identify and definitely locate the proposed building or
work.
3. Indicate the use of occupancy for which the proposed work is
intended.
4. Be signed by the permitee or his or her authorized agent who may be
required to submit evidence to indicate such authority.
S. Give such other information as reasonably may be required by the
City Administrator and/or his designee.
1002.111 • FLOOD - PLAIN DISTRICT; ESTABLISHMENT OF ZONING
DISTRICTS: The mapped flood plain areas within the jurisdiction of this Section
are hereby divided into the two following districts: A floodway overlay district (FW)
and a floodway fringe overlay district (FF) as identified in the official Flood Plain
Study. Within these districts all uses not meeting the standards of this ordinance and
those standards of the underlying zoning district shall be prohibited. These zones
shall be consistent with the numbered and unnumbered A Zones as identified on the
official FIRM when identified in the Flood Insurance Study provided by the Federal
Insurance Administration.
1002.112 FLOOD PLAIN DISTRICT; STANDARDS FOR THE FLOODWAY
OVERLAY DISTRICTAND THE FLOODWAYFRINGE OVERL'A.YDISTRICT:
No permit for development shall be granted for new construction, substantial
improvement and other improvements including the placement of manufactured
homes within the identified flood plain unless the conditions of this Section are
satisfied.
All areas identified as numbered A Zones by the Federal Insurance
Administration are subject to inundation of the100 -year flood; however, the water
surface elevation was not provided. This unnumbered A Zones shall be subject to
all development provisions of this Section. If Flood Insurance Study data is not
available, the community shall utilize any base flood elevation data currently
available within its area of jurisdiction.
New construction, subdivision proposals, substantial. -improvement,
prefabricated buildings, placement of manufactured homes and other developments
shall require:
1002.114 FLOOD PLAIN DISTRICT, FOR THE FLOODWAY
FRINGE OVERLAY DISTRICT
1. Require new construction or substantial improvements of residential
structures to have the lowest floor, including basement elevated one foot
above the base flood elevation.
2. Require new construction or substantial improvements of non-residential.
structures to have the lowest floor, including basement, elevated one foot
above the base flood elevation or, together with attendant utility and sanitary
facilities, to be flood proofed 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 certify that the standards of this subsection are
satisfied. Such certification shall be provided to the appropriate city official.
3. Require for 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 flood waters. 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 shall
be required in order to guide floodwaters around and away from proposed
structures.
5. Manufactured Homes
A. All 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:
(1) Over - the -top ties be provided at each of the
four corners of the manufactured home with
two additional ties per side at intermediate
locations, and manufactured homes less than
p 50 feet long requiring one additional tie per
side.
(2) Frame ties be provided at each corner of the
home with five additional ties per side at
A. 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 one foot above the depth number specified 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:
(1) 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
(2) Together with attendant utility and sanitary facilities
be completely flood - proofed 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.
C. Adequate drainage paths around structures on slopes shall be required
in order to guide flood waters around and away from proposed
structures.
1002.115 FLOOD'WAY OVERLAY DISTRICT - PERMITTED USES: Only uses
having a low flood - damage potential and not obstructing flood flows shall be
permitted within the Floodway District to the extent that they are not prohibited by
any other Sections and provided they do not require structures, fill, or storage of
materials or equipment. No use shall increase the flood levels of the base flood
elevation. These uses are subject to the standards of Section 1002.112, 1002.113,
and 1002.114.
I. 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, airport landing
strips.
4. Public and private recreational uses such as golf courses, archery
ranges, picnic grounds, parks, wildlife and nature preserves. New
placement of residential structures including manufactured homes is
prohibited within the identified floodway (FW) area.
5. Replacement of manufactured homes in existing manufactured home
parks and subdivisions is prohibited unless the.conditions of Sections
1002.114 (5) and Section 1002.115 are met.
i. The safety of access to the property in times of flood for
ordinance and emergency vehicles;
j. 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
k. 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.
Conditions for variances:
1. 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) have been £ally considered. As the lot size increases beyond the
one -half acre, the technical jurisdiction required for issuing the
variance increases.
, 2. ,- 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.
3. Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
4. Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
5. 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.
6. 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
MsUrance coverage, and (2) 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
Ordinance.
1002.119 FLOOD PLAIN DISTRICT; 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 a 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. 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 Plains Regulations
Act.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. This ordinance shall be in full force and effect from and following the passage
and publication hereof as required by law.
SECTION 5. - It is hereby provided that due to the voluminous nature of this ordinance, this
ordinance shall be published in pamphlet form and be available for inspection at the offices of the
City Clerk of the City of Blair, Nebraska, and that legal publication in a paper of general circulation
is waived.
PASSED AND APPROVED this 15th day of December , 1999.
CITY OF BLAIR, NEBRASKA
/oM
II i
ATTEST:
'✓ 6 961 / 4
BRENDA R. TAYLOR CITY CLERK
(SEAL)