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.