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