Ordinance No. 1298ORDINANCE NO. 1298
AN ORDINANCE CREATING FLOODWAY AND FLOODWAY FRINGE DISTRICTS,
DEFININF THE'SAME AND SETTING FORTH REGULATIONS THEREOF: ,
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN,CONFLICT
HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN'FORCE
AND EFFECT:
WHEREAS, the Unicameral of the State of'Nebraska
has in Section 90 -901., Nebraska R..R., S, delegated the
sibility to local governmental units to adopt zoning regula-
tions designed to protect the health,.safety and general
welfare. Therefore, be it ordained by the Mayor. and City
Council of the City of Blair., Nebraska, as follows:
SECTION 1: DEFINITIONS:' Unless specifically defined
below, words or phrases used in this ordinance shall be.inter-
preted so as to give them the same meaning as they have,in.
common usage and so as to give this ordinance its mo,s•t'reason-
able application,
ACTUARIAL RATES or ''risk premium rates" are those rates esta-
blished by the Federal insurance Administrator pursuant to indi-
vidual community studies and investigations which arp undOrtaken
to provide flood insurance in accordance with 62 U :S.C. 4014 and
are the accepted actuarial principles. Actuarial rates include'
provisions for operating.costs and allowances..
CHANNEL - A natural or artificua'1 watercourse of perceptible
extent, ^with a definite bed and banks• to.•confine. and conduct
continuously or perio'aically'£ lowing water. Channel flow,'thus,
is that water which'is flowing within'the limits of a defines}
channel.
COMMISSION FLOODWAY See 'Floodway Fringe'definition,
COMMUNITY, Any state or area or political subdivision.thereof
which has authority to adopt and enforce flood 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, fil'ling, grading, paving, excava-
tion or drilling operations.
FLOOD ELEVATION DETERMINATIONS - A. determination of-the--water
surface elevations of the 100 -year flood: That is, the level
of Ifooding that has'a one percent chance.of occurrence in any
given year,
O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426.9666
REGULATORY FLOOD ELEVATION' Elevation indicated in the official
flood plain study as the elevation of t•h 300- year•flood..,
REGULATORY FLOOD PROTECTION 4BVATI.ON - An elevation one foot
higher than the water surface elevation of the flood,
SELECTED, FLOODWAY - See floodway definition.
STRUCTURE - A walled and roofed structure including a gas or liquid
storage tank, that is principally, above. the .ground, inc.luding but
without limitation to buildings, factories, sheds „•cabins, mobile
homes, and other similar uses..
SUBSTANTIAL IMPROVEMENT "Substantial improvement” means any repair,
reconstruction, or improvement of a structure, the cost of which equa:
or exceeds 50'percent of the market value of the structure either,
(a) before the improvement is started,.or (b) if the structure has
been damaged and is being restored, before the-damage occurred.
For 'the purposes of this definition "substantial improvement" is
considered to.occur when the first alteration of any wall, ceiling,
floor, or structural part of the building whether
or not that alteration affects the external dimensions of the
structure. The term does not, however,-include any
to comply "with existing state or local health, sanitary,,bulj ding,
or safety codes or regulations.
100 -YEAR FLOOD - The base having a on chance of
annual occurrence.
SECTION 2. FLOOD LOSSES RESULTING FROM PERIODIC
INUNgATION - The flood hazard areas of Clair, Washington County,
Nebraska,.are subject to, inundation Which results in.loss of
life and property, health, and safety hazards,.-disruption Of
commerce and governmental services, extraordinary public expen-
ditures for flood protection and relief, and impairment of the
tax base all of which adversely affect the public health, safety
and general welfare.
SECTION 2:1 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
elevated or otherwise protected from flood damages.
SECTION 2.2 METHODS USEO ANALYZE FLOOD'HAZARDS -
This ordinance uses a reasonable method of analyzing flood
hazards which consists of a series of interrelated steps.'
,• r
(1) Selection of a •regulatory flood which is based
upon engineering•calculations,which. permit a consideration of
such flood factors as its expected of.pecurence., the
area 'inundated,-and the depth.of inundations: The.regula 'tory
O'HANLON 6 NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 680013 426 -9666
under such safeguards and restriction as they may reasonably impose
for the promotion and maintenance of the .g.eneral welfare, health
of the inhabitants of'the community.and where specifical noted
in Sections 7, 8 and 9.
SECTION 4.1 THE,ENFORCEMENT OFFICER - The building
inspector.of the City of Blair is hereby•designated.as the
Councills duly designated Enforcement Officer undex, this
Ordinance.
SECTION 4.2 RULES FOR INTERPRETATION OF DISTRICT
. BOUNDARIES - The boundaries of the 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 4s shown
on the official zoning map, as for example where there appears
to be a conflict between a mapped boundary an,d.actual' €field
conditions,,the Enforcement Officer shall make the.neeg'ssary
interpretation. In such cases whore the tnterpretat�on"is
contested, the Bo'ard.of Zoning Appeals will resolve the.slispute.
The regulatory flood : el.e'vation for the point in quostion.shaii
be the governing '.factor in locating the 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.
SECTION 4.3 COMPLIANCE - No d'evelopment•locatdd
within known flood hazard areas of th community shall,be
located, extended, converted. or structurally altered without
full compliance with the terms of this ordinance and other
applicable regulations.
SUCTION 4.4 ABROGATION AND GREATER•RESTRICTIONS r
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 ordinance are hereby repealed
to the extent of the in "consistency, only.
O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, B LAIR„ NEBRASKA 68008 (402) 426 -9666
SECTION 5.1. ADMINISTRATION - •ThO Building Ihgpect.or
Is hereby appointed to administer and implement.the provisions
of this ordinance. Duties of the Building Inspector shall
include, but not b.e limited. to:
(1)' Review all development permits'.t.o 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 nedessary. permits have been obtained from those
Federal, state or loc-1 governmental agencies from which'.
approval is requir.ed•.•'
(3) Notify adjacent communities and.the Nebraska
Natural Resources Commission Flood Plain Management Sectipti
prior to any alteration or relocation of a watercourse,'and
shall submit evidenco of such notification to the'Federal
Insurance Administration when participating in the National
Flood Insurance Program.
(4) Assure that maintenance is providsd within the
altered or 'relocated p.oitiori of said wa.tercourse 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
basement) of all new or substantially improved structuros;
(6) Verify and record the actual elevation (;in
relation to mean sea level)* to.which the new or spbgtanti4lly
improved structures have been flgoapxso fod.
(7) When floodproofing is' utilized• for '.a partti;04'r
structure, the Building.Inspeotor.shall bo coot
tion from # registered pro-fessional Png �x'Ghitect'
SECTION 5.2 APPLICATION FOR PERMIT -• Ta 'oht &i11 .a
permit, the applicant shall. first file an applic•atton in
writing on a furnished for that :Evgry such
application shall;
1. Identify and describe the worm to be covero'd
by the permit.
2. Describe the land on which the proposed work is
to be done by lat, block tract and house and street addross,
or similar description that will readily. definitely
locate the proposed building or work.
3. Indicate the use or occupance for which the pro-
posed work is intended'.
4. Be aecompdnied,by plans and specifications for
proposed construction.
5. Be signed by''the,•permitee or hi-s authorized
agent who.may be requi•red.to submit evidence to indicate such
authority.
6. Give such other information as reasohably•may be
required by the Building Inspector.
O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426.9666
4. That until a floodway has.been designated, no
developmenfi including landfill, may be permitted within the
identified flood plain the applicant,for.the•land uge.
has demonstrated that the proposed use, when combined with'
all other existing and reasonably anticipated uses, will not.
increase the water surface of the 100 -year flood
more..than one (1) foot on the average cross- seation,of the
reach in'which the development or landfill is located as
shown in the official flood'plain study'incorporated by
reference; Section 2.2 (1) of this ordinance.'
7: Storage and•Material and Equipment:
a. The storage or processing of.mater.ials that are
in time of flooding buoyant, "flammable., explosive,'or could be
injurious to.•human animal or plant life is.prohibited.
b. Storage of other material or equipment may be
alldwed if not subject to major damage by-floods and firmly .
anchored to prevent flotation or if readily -removable from the
area.within the time available after flood warning.
8. Subdivision proposals and other proposed new
development be required to. assure 'that:
a. All such proposals are consistent' the need
to minimize flood damage,
b. All public'.ut'ilities and facilities such as
sewer,.gas, electrical, and.water systems 'qre 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 of five (5) acres or
fifty (50.) lots whichever is lesser, include wifkin such
proposals the regulatory flood elevation.
SECTION 8. PLOODWAY FRING13 OVERLAY DISTRICT -
PERMITTED USES. Any use permitted i.n Section 9 shall be per-
mitted in'the Ploodway Fringe Overlay pigtrict,. No use shall
be permitted .in the district unless the standards of Section
7 are inet.
SECTION 8.1 STA NDARDS FOR TH5 FLOODWAY FRINGE
OVERLAY DISTRICT.
1. Require new construction or substantial improve -
ments.of residential structures to have the lowest floor;
including basement elevated one foot above the regulatory flood
elevation.
,
2. Require new construction or .substantial improve-
ments of non - residential structures to have the lowest floor,
including-basement, elevated one foot above the re'gulatary
flood.elevation or, together with attendant utility and
sanitary facilities, to be°floo'dproofed up'to that level.
O'HANLON & NgLSON, ATTORNEfYS, 1569i WASHINGTON, BLAIR, NEBRASKA 68 (402) 426.96615
I
I . Agricultural uses such as, •general farming, 'pasture,
nurseries, forestry.
2. Residential uses such as lawns, gardens,.parking 1
and play areas.
3. Non - residential areas such as loading areas, parking,
airport landing 'str'ips.
4. Public and private recreational uses such as
s a
golf course, rchery ranges picnic grounds, patks,.wildlife
a'nd nature preserves. New placement of residential structures
including mobile homes is prohibited within the,idontified
floodway (FW). area.'
SECTION 10. VARIANCE - Where by reason of exceptional.
narrowness, shallowness, shape of-topography, or other extra
ordinary or exceptional situation or condition of a specific
piece of property, the strict appli.cati.o'n of any provision of
this ordinance would.result in peculiar and exceptional hard-
ship upon the owner of the. property as an unreasonable . depriva-
tion. of use as distinguished from the.mero grant of a priul.lege,
the Board of Adjustment may authori•z a variance from strict'
application, so as to relieve the dgmonstrable difficulties or
hardships, provided that such a varia nce. may only be grantgd
if:
1. The structure 'is to be erected 'on a lot of
one half acre or less in size; and such-lot-is contiguaus to
and surrounded by' lots with existing structures constructed
below 'the regulatory 'flood protection .elevation.
2. The structure is listed on the National Register
of Historic P.laces.or the'State Inventory of Historic Places
to be restored or reconstructed.'
SECTION 10.1 Variances shall.not be issued except
upon:
a. a showing of good and sufficient cause,'
b. a determination that failure to grant the variance
would result in exceptional hardship to applicant, and
c., a determination that - the variance - issuance will
not result .in increased.flood heights, additi6ha threats to
public safety., extraordinary public expense, create•nuisances,
cause fraud on or victimization-of the public, or conlict with
existing local or state laws,or ordinances.
SECTION 10.2 Variances may only be 'issued upon a
determination that the applicant requesting variance shall meet
the minimum necessary standards of the ordinance to afford
relief,
O'HANLON & NELSON, ATTORNEYS, 1569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -8666
with the p.r6visiots of this o This limitaaian aQ.o,s
not.. include: the 'cost of : any altera.tion to ,comply. with . existing
state or local health.,• building,t;ax•,safety'codes . or
regulations::or•.the cost' of* any,alteration,of a. Ii - st,ed
on -the National Register. of': Historic Places. or..a State Inventory,
of Historic Places.
SECTION 12. PENAGTIES.FOR VIOLATION Vi of.
the, provision's of this ordinance or-failure to..comply•: any
of its -�regvxTeme.nts (Ihtlud, ng ,vi.olati oils, ' conditions and 'safe
guar.d'6 established in connection with grants..bf vatiances or
special. e 'xceptioris) ; .shall.,:Gonstitute a ipisdeme'anor. Any p.er-
son who•.vioiates this - ordinance. ox, fails to comply wi.th..,any
Of its, requi.xements shall upon ,conviction thereof be .fined not
more than. $500'. 00, and in ad:ditian,_sha- 1j. all. costs and
expenses involved $500.00, and,in addition, Shall pay.all
costs: and •expenses involved jnjhe case: • Each day such :violation
continues.'shall be considered a-separaie offense:
Nothing, herein contained - .shall px @Vent the City o
Blair. or'other :appropriate.autio.riiy:from taking. such •,other
lawful. action ,us is nece.ssaxy.to p:re.vent or remedy any viola- "
ton.. •
SECTION 13. AMENDMENTS ::;...The regulations;.rd*stric,-
tions, •and boundaries set, forth in'tI is Ordinance. may - from
time -to'time be amended supp'lementedi'changed appealed
to r•ef.l®ct any and all charges in.. the National F16o'd "Disaster
Prt.tection Act of` 1973, provided, .however.; that no. action
may be taken' until after' 'public hearing in relat3.on - theret6,
a.t: parties in tnter.es.t•and citizens shall.have;•an
opportunity to be .heard fifteen (i5) days notice
of :the' time .afid'p1ace of such .hearing. thall be published.. in„
a news'p'ape.r of „•g:eneral circulation in AP City••of BlaiP.
The `regula.tions =o_f this ordinance ar in- compliance
with the. National Flood :Insurance Program Regulations as•-
published in.the Federal Register,..Yolume 41,:Number %207- _
dated October 1976., and the'1967 Nebtaska Flood Plains
Reguiations 'Act:
O'.HANLON &NELSON, ATTCIR(VEYS', 1 569 WASHINGTON, BLAIR, -NEBRASKA Q8008 (402) 426.98,66