Loading...
Ordinance No. 1455ORDINANCE NO. 1455 kN ORDINANCE CREATING FLOODWAY AND FLOODWAY FRINGE DISTRICTS 9ITHIN THE CITY OF GLAIR, DEFINING THE SAME, AND SETTING FORTH 3EGULATIONS THEREOF, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND.-PROVIDING WHEN THIS ORDINANCE SHALL 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 protect the health, safety, and general welfare. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 3/OUNCIL OF THE CITY OF BLAIR, NEBRASKA. 5E0TION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND ?URPOSES. I.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 property, health, and safety hazards, disruption of commerce and governmental sevicee, extraordinary public expenditures for ±food protection and relief, and iiapairment 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. Thi® ordinance uses a reasonable 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 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 DISTRICT BOUNDARIES. The -boundaries of the floodway and floedway 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 contenting 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, c.onverted 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 greater restrictions, the provision of this ordinance shall prevail. All other ordinances inconsistent with this 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 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. (44) , 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 anad record the actual elevation (fn relation to mean sea level) of the lowest floor (including basement) of all -new or substantially improved structures. (�) Verify and record the actual elevation (in relation to mean sea level) to `which the new or substaxitally 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. 3.3 APPLICATION FOR PERMIT. A. To obtain a permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every such application shall: 3.31 Identify and describe the work to be covered by the permit. 3.32 Describe the land on which the proposed work is to be done by lot, block tract and house and street address, infiltration of flood waters into the systems and discharges from the systems into flood and on- site waste disposal systems be located so as to avoid impairment or contamination. 5.33 Construction with materials resistent to flood damage, utilizing methods and practices that minimize flood damages, and ' electrical, heating, ventilation, plumbing, an 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 development including landfill, may be permitted within the identified flood plain unless the applicant for the land use has demonstrated that the proposed use, when c6mbined 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 oross- section of the reach in which the development or landfill is located as shown in the official flood plain study incorporated by reference; Section 1.23 (1) of this ordinance. 5.36 Storage of Material and Equipment {1) The storage or processing of materials that are in time of flooding buoyant, flammable; explosive, or could be injurious to human, animal or plant life is prohibited. (2) Storage of other material or equipment may be allowed if not :subject tb major damage by fload,s and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. 5.37 'Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, be 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 ar.e located, elevated and constructed to minimize or eliminate flood damage, (c) -adequate drainage, is provided so as to reduce exposure to flood hazards, and (d) proposals for development (including roposals for manufactured home parks and subdivisions of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals the regulatory flood elevation. flotation, collapse, or lateral movement. Manufactured- homes must be anchored in accordance with local building codes or FBMA guidelines. in the event that over -the -tap 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 61d.e - 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 pouands. 4. Any additions to manufactured homes be similarly anchored. B. Require that all manufactured homes to be placed within Zones Al -30, AR and AE on the community's FIRM, be elevated on a permanent.foundation such that the lowest floor of the manufactured home is at or above the base flood elevation; and be' securely anchored - to an adequately anchored foundation system in accordance with the,provi.sions of Section 6.25A, 6.26 Located within the areas of special flood hazard established in Section 2.1 are areas designed. as -AO Zones. These areas have special flood hazards associated with base flood -depths of A to 3 feet Where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate:, therefore, the following provisions apply trithin AO Zones: 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 /feet above the depth number specified 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: utilize any floodway data available through Federal, State or other sources or Section 5.37(d) of this ordinance, in meeting'the standards of this section. SECTION 8.0 VARIANCE 3.1 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 ordinance. 3.2' 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 Building Inspector in the enforcement or administration of this ordinance. 3.3 Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the District Court as provided by Nebraska Statutes. 3.4 In passing upon-such applications, the Board of Adjustment shall consider all technical evaluation, all relevant factors, standards specified in other sections of this ordinance; and: 8.41 the danger that materials may be swept onto other lands to the injury of others,; 8.42 the danger to life and property due to flooding or erosion damage; 8.43 the susceptibility of proposed facility and its contents to flood damage and the effect of such damage on the - individual owner; 8.44 the importance of the services provided by 'the proposed facility to the community; 8.45 the necessity to the facility of a waterfront location, where applicable; 8.46 the availability of alternative locations, not subjeat to flooding or erosion damage, for the proposed nab; 8.47 the compatibility of the proposed use with existing and anticipated development; 8.48 the relationship of the proposed use to • the comprehensive plan and flood plain *nanagement program for that area, 8.49 the safety of access to the property in times of flood for ordinance and.emergency vehicles; 8.491 the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the lawful before the passage or a endment"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 aonsecutIve 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 aftiancts thereof which are or become nu- isances shall aot 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 CFW). This liai.tation does not include the cost of any alteration to comply with existing state or local health, sanitary,. building,' or safety codes or regulations or ttie 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 reconstructed if the cost is more than 54 percent of the market value of the structure before the damage occurred except that if it' ,is reconstructed in contormity with t`tie provisions of this ordinance. This limitation does not Include the cost of any alteration to comply with existi state er • local- health, sanitary, building, or safety codes or regulations or the cost of any alteration of a structuire listed an the`National Register df Historic 'Places or a State Inventory Historic Places. S ECTION 10.0 , PENALTIES FOR VIOLATION Violation of the provisions of this ordinance 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 ordinance 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.' BASE FLOOD PROTECT% ®N ELEVATION - an elevation one foot higher thaw the the water surface elevation of base flood. CHANNEL -a natural -or art If is ia.l watercourse of perceptible - extent, w i-th a definite bed and banks to con-flue and conduct continuMisly or periodically flowing water. Channel flow, thus, Is that water which As flowing within the li of a -•de f i neul channel. COMMUNITY - any -state or area or political subdivision thereof which has authbrftp to adopt and enforce plain manageaent regulations for the areas within its jurisdiction. DEVELOPMENT - any man -wade change to Improved or -uni:mproved real estate, including.but not limited to buildings or other structures, ' •lining, dredging :, filling, grading, - Vav i - ng, excavation, or drilling operations. EXISTING CONSTRUCTION - (for the purposes of deteraftiing rates) structures for which the "atart of -construction" comaenced before the effective date of the FIRM or before January 1., ig95, for the FIRK's effective before that date. "8xist•ing Construction" sag also be referred to as "existing structures." FLOOD OR FLOODING - a general and texiporary condi of partial or complete inundation of -normally dry land areas from: (1) the overflow of inland or tidal waters. Q) the unusual and rapid accumulation of runoff of surface waters from any source. - reduction outside the channel from the two sides of the flood plain. FLOODWA'Y FRINGE (FF) - that area of the flood plain, ofitside 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). FRFEBOARD - a factor of safety usually expressed in feet above a flood level for purposes of flood• plain management. `Freeboard" tends to compensate for the &any 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 or urbanization of the watersh". HIGHEST ADJACENT GRADE the highest natural elevation of the ground surface prior to construction next to the proposed walls of •a structure. LOWEST FLOOR - the lowest floor of . the l ow•e st enclosed are (1 cl,uding baseaentl. An unfinished or flood resistant enclosure, usable solely for.park-Ing of . vehicles, •buila'ing access or storage, in an. area other than a basement area, is not considered a building's lowest floor. prov'i-4540A that such •enclosure is not built so as to tender the .sjr4icture in violation of the appltcable aon- elevation design requirements of this ordinance. PIANUFACTURED HOME - - a structur •, trans In on or more sections, wfil permanent chassis and is designed for use with or w i tho-ut 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 STRUCTURE - a walled 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 IMPROVEMENT - any repairs reconstruction, or Improvement of a structure, -the cost of which equals or exceeds 50 percent of the market value of the structure either, (i) before the Improvement or repair is started, or (2) if the structure has been damaged and. is being restored, before the damage occurred. For the purpose of this de f ini t i.on "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects. the external dimensions of the structure: The term hoes not, however, include .either (i) any project for ir►provexent of a structure to compl•p w -ith existing, state or local heal.th, sanitary, -or -safety !code specifications which are solely necessary. to assure safe living conditions, or (.2) any -alteration' of a structure listed on, the Natlonal Register .of Historic Places or a State Inventory of historic Places. VARIANCE- - a grant of relief to a.person -frox- the requirements of this ordinance shish permits construction An 'a wanner otherwise prohibited by this ordinance where specific enforcemaht would result in unnecessary hardship-. 100 -YEAR FLOOD - the base flood having a one percent chance of annual -occurrence.. SECTION 2. . All ordinances or parts of ordinances In conflict herewith are hereby repealed. SECTION 8. This ordinance shall'be in full force and effect from and following the passage hereof and publication in