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Ordinance No. 1752ORDINANCE NO. 1752 AN ORDINANCE. CREATING FLOODWAY AND FLOODWAY FRINGE DISTRICTS WITHIN THE CITY OF BLAIR, DEFINING THE SAME, AND SETTING FORTH ' REGULATIONS'THEREOF, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING -WHEN THIS ORDINANCE SMALL BE IN FULL FORCE AND EFFECT. WHEREAS, the Legislature of the State of Nebraska has in Section 19 -901 R.R.S. Neb. delegated the responsibility to local governmental. units. to adopt zoning regulations designed to pro- tect the health, safety, and general welfare. NOW,' THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSES. 1.1 FINDINGS OF FACT. 1.11 Flood Losses Resulting From Periodic inundation. The flood hazard . areas of Blair, Nebraska, are subject to inundation which results in loss' of life and proper- ty, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expen- ditures for flood protection and relief, and impair- ment of the tax base all of which adversely affect the public health, safety, and.general welfare. 1.12 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. 1.13 Methods Used to Analyze Flood Hazards. This ordinance uses a reasonable method of analyzing flood hazards which consists of a series of interrelat- ed steps. (1) Selection of a base flood which is based upon engineering calculations which permit a considera- tion of such flood factors as its expected fre- quency of 'occurrence, the area inundated, and the depth of inundation. The base flood selected for. SECTION 2.0 GENERAL PROVISIONS 2.1 LANDS TO WHICH ORDINANCE APPLIES: This ordinance shall-apply to all lands within the jurisdiction of the City of Blair identified on the Flood Insurance Rate Map (FIRM) as numbered and.unnumbered A Zones and/or within the Zoning Districts FW and FF established in Section 4.0 of this ordinance. In all areas covered by this ordinance no development shall be permitted except upon a permit to develop granted by the governing body 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 5.0, 6.0; and 7.0. 2.2 THE ENFORCEMENT OFFICER. The Building inspector of the Community is hereby designated as the Council's duly designated Enforcement Officer under this ordinance. 2.3 RULES FOR INTERPRETATION OF DIS'T'RICT BOUNDARIES. The boundaries of the floodway and floodway fringe overlay districts shall be determined by scaling distances on the official zoning 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 Zoning Appeals 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 and to submit.his own technical evidence, if he so desires. 2.4 COMPLIANCE. No development located within known flood hazard areas of the community shall be located, extended, converted or structurally altered without full compliance with the terms of this ordinance and other applicable regulations. 2.5 ABROGATION AND GREATER RESTRICTIONS. It is not intended by this ordinance to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes development or substantial improvement or cause the same to be done without first obtaining a separate permit for development as defined in Section 12.0. 3.2 ADMINISTRATION. A. The Building Inspector is hereby appointed to administer and implement the provisions of this Ordinance. B. Duties of the Building Inspector 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 ordinance 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 Administration when participating in the National Flood Insurance Program. (4) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood.carrying capacity is not diminished. (5) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including base- ment) of all hew or substantially improved structures. (6) Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood- proofed. (7) When floodproofing is utilized for a particular a particular structure, the Building Inspector, shall be presented certification from a registered professional engineer or architect. SECTION 5.0 STANDARDS FOR THE FLOODWAY OVERLAY DISTRICT AND THE FLOODWAY FRINGE OVERLAY DISTRICT. 5.1 No permit for development shall be granted for new construc- tion, substantial improvement and other improvements includ- ing the placement of manufactured homes Within the identi- fied flood plain unless the conditions of this Section are satisfied. 5.2 All areas identified numbered A zones by the Federal Insurance Administration are subject to inundation of the 100 -year flood; however, the water surface elevation was not provided. The unnumbered A Zones shall be subject to all development provisions of this ordinance. If Flood In- surance Study data is not available, the community shall utilize any base flood elevation data currently available within its area of jurisdiction. 5.3 New construction, subdivision proposals, substantial improvement, prefabricated buildings, placement of manufactured homes and other developments shall require: 5.31 Design or anchorage to -prevent flotation, collapse or lateral movement of the structure resulting from hydrodyna- mic and hydrostatic loads including the effects of buoyancy. 5.32 New or replacement water supply systems and/or-sanitary sewage systems be designed to minimize or eliminate infil- tration of flood waters into the systems and discharges from the systems into flood waters, and on- site waste disposal systems be located-so as to avoid impairment or contamina- tion. 5.33 Construction with materials resistant to flood damage, utilizing methods and practices that minimize flood damages, and with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and /or located so as to prevent water from.entering or accumulating within the components during conditions of flooding. 5.34 All utility and sanitary facilities be elevated and floodproofed one foot above the regulatory flood elevation. 5.35 That until a floodway has been designated, no develop- ment including landfill, may be permitted within the identi- fied flood plain unless the applicant for the land use has demonstrated that the -proposed use, when combined with all other existing and reasonably anticipated uses, will not increase the water surface elevation of the 100-year flood more than one (1) foot on the average cross- section of the sional engineer or architect. shall certify that the stan dards of this subsection are satisfied. Such certification, shall be provided to the official as set forth in Section 3.2, B(7). 6.23 Require for all new construction and substantial im- provements that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automati- cally 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 cover- ings or devices provided that they permit the automatic entry and exit of floodwaters. 6.24 Within AH zones adequate drainage paths around struc- tures on slopes. shall be required in order to guide . floodwa - ters around and away from proposed structures. 6.25 Manufactured Homes. A. All manufactured homes shall be anchored to resist flotation, collaps 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 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 intermediate points, and manufactured homes less than 50 feet long requiring four additional ties per side. 3. * All components of the anchoring system be capable of carrying a force of 4800,pounds. 4. Any additions to manufactured homes be similarly anchored. (1) Be on the site for fewer than 189 consecutive days, (2) Be fully licensed and ready for highway use, or (3) Be. elevated on a permanent foundation such that the lowest floor is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation collapse and lateral movement. 6.28 A recreational vehicle is ready ' for - highway use if it is on wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. SECTION 7.0 FLOODWAY OVERLAY DISTRICT 1.1 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 ordinance and provided they do not require structures, fill, or storage of materials or No use shall increase the flood levels of the base flood elevation. These uses are subject to the standards of Section 5.0 and 6.0. 7.11 Agricultural uses such as general farming, pasture, nurseries, forestry. 7.12 Residential uses such as lawns; gardens, parking and play areas. 7.13 Non- residential areas such as loading areas, parking,. airport landing strips. 7.14 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 iden- tified floodway (FW) area. 1.15 Replacement of'manufactured homes in existing manufac- tured home parks and subdivisions is prohibited unless the conditions of 6.25 and 7.1 are met. 7.16 In Zone A unnumbered, obtain, review and reasonably 8.54 the importance of the services provided by the proposed facility to the community, 8.55 the necessity to the facility of a waterfront location, where applicable;. 8.56 the availability of-alternative locations, not subject to flooding or erosion damage, for the proposed use; 8.57 the compatibility of the proposed use with exist - . ing and anticipated development; 8.58 the relationship of the proposed use to the comprehensive plan and flood plain management program for that area; B.69 the safety of access to the property 'in times of flood for ordinance and emergency vehicles;. 8.591 the expected heights, velocity, duration, rate.of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and, 8.592 the costs of providing governmental services during and after flood conditions including main- tenance and repair of public utilities and facili- ties such as sewer, gas, electrical, and water systems,.and streets and bridges. 8.6 When the Board of Adjustment has, in its discre- tion, decided to make application to the Federal Emergency Management Agency Administrator to permit encroachments upon the flood plain when a regulatory floodway has not been adopted or -to permit encroachments upon an adopted regulatory floodway which will cause base flood elevation W ncreases in excess of those permitted under the ordinance, the Board of Adjustment shall submit the following: 8.61 A request for conditional approval of map change and the appropriate fees as specified by. national flood insurance program regulations. 8.62. An evaluation of alternatives , whi - ch would not result in a base flood elevation increase above that permitted under this ordinance. 8.63 Documentation of individual legal notice to all impacted property owners within and outside of the 8.75 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 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. 8.76 Any applicant to whom a variance is granted shall be given a written notice that the cost.of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 8ECTION'9.0 NON - CONFORMING USE. 9.1 A structure or the use of structure or premises which was lawful before the ssage or amendment of the ordinance but which is- not in conformity with the provisions of this ordinance may 'be continued subject to the following conditions: 9.11 No such use or substantial improvement of that use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. 9.12 If such use is discontinued for six consecutive months, any future use of the building premises shall conform to this ordinance. The Utility Department shall notify the Building Inspector in writing of instances of nonconforming uses where utility services have been discontinued for a period of six months. 9.13 Uses or adjuncts thereof which are or become nuisances shall ndt be entitled to continue as nonconforming uses. 9.2 If any residential 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 within those areas identified as floodway (FW): 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. 9.3 If any non - residential nonconforming use or structure is destroyed by any means, including flood, it shall not be to'individual community studies and investigations which are undertaken-to provide flood insurance in accordance with 42 U. S. C. 4014 and the accepted actuarial principles. Actuarial rates include provisions for operating costs and allowances. APPEAL - a request for a.review of the Building Inspector's interpretation of any provision of this ordinance or a request for a variance. AREA OF SHALLOW FLOODING - a designated AO or AH zone on 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 character- ized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD - the. land in the flood plain within-`a community subject to one percent or greater chance of flooding in any given year. BASE FLOOD ELEVATION - elevation indicated in the offi- cial 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. 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, excava- tion, 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 Construc- t!6n" may also be referred to as "existing 0tructures." FLOOD OR FLOODING - a general and temporary condition of partial.or complete inundation of normally :dry land areas from: (1) th °e overflow of inland or tidal waters. (2) the unusual.and rapid accumulation of runoff of surface waters from any source. LOWEST FLOOR - the lowest floor of the lowest enclosed are (including basement). An unfinished or flood resistant enclo- sure, usable solely for parking of vehicles, building access 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 applica- ble 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. For flood plain management purposes the term "manufactured home" also includes park trail- ers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel,.trailers, and other similar vehicles. MANUFACTURED HOME PARK OR SUBDIVISION - A parcel (or con- tiguous parcels) of land divided into two or more manufactured 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. START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pilb. 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 im- provement 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 stage of excavation or the place- ment of a manufactured home on a foundation. Permanent con- struction does not include land preparation, such as gearing, grading, and filling; nor does it include the installation of streets, and /or walkways;' nor does it include excavation for a basement, footings, or foundations or the erection of temporary forms; nor does it include the installation -of the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part the'main'structure. STRUCTURE - a walled and roofed building that is principal- ly above ground, as well as a manufactured home, and a gas or liquid storage tank that is principally above ground.