[Ord. No. 3510 §1, 5-10-2010; Ord. No. 3855 §1, 10-27-2014]
It is the purpose of this Chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood, stormwater and erosion conditions in the City.
[Ord. No. 3510 §1, 5-10-2010; Ord. No. 3855 §1, 10-27-2014]
Unless specifically defined below, all definitions contained in the zoning regulations and other provisions of the Municipal Code shall govern. Words or phrases used in this Chapter which are not defined shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application.
- 100-YEAR FLOOD
- See "base flood."
- ACCESSORY STRUCTURE
- Means the same as "appurtenant structure."
- ACTUARIAL OR RISK PREMIUM RATES
- Those rates established by the Administrator of the National Flood Insurance Program pursuant 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. "Risk premium rates" include provisions for operating costs and allowances.
- The Federal Insurance Administrator.
- Federal Emergency Management Agency (FEMA).
- AGRICULTRUAL COMMODITIES
- Agricultural products and livestock.
- A request for a review of an interpretation by the Director of Public Works or his/her designee of any provision of this Chapter or a request for a variance.
- APPURTENANT STRUCTURE
- A structure that is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.
- AREA OF SPECIAL FLOOD HAZARDS
- The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.
- BASE FLOOD
- The flood having a one-percent chance of being equaled or exceeded in any given year.
- Any area of the structure having its floor subgrade (below ground level) on all sides.
- See "structure."
- CHIEF ELECTED OFFICIAL
- The official of the community who is charged with the authority to implement and administer laws, ordinances, and regulations for that community.
- Means any state or area or political subdivision thereof, which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.
- The division of a site into two (2) or more lots; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any buildings; or any use or change in use of any buildings or land; any extension of any use of land; or any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
- The Director of Public Works of the City or his/her designated representative.
- The removal of surface water or groundwater from land by drains, grading, or other means. Drainage includes the control of runoff to minimize erosion and sedimentation during and after development and includes the means necessary for water-supply preservation or prevention or alleviation of flooding.
- A terrain feature, natural or man-made, between the tops of banks that define the normal high-water level serving to collect and drain rainwater by open flow, and serving a drainage basin of at least four (4) acres.
- ELIGIBLE COMMUNITY OR PARTICIPATING COMMUNITY
- A community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).
- ELEVATED BUILDING
- Means for insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation wall, shear walls, posts, piers, pilings or columns.
- The detachment and movement of soil or rock fragments by water, wind, ice, and/or gravity.
- 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 FIRMs effective before that date. Existing construction may also be referred to as "existing structures."
- EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
- A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
- EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
- The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads.
- FLOOD or FLOODING
- A general and temporary condition of partial or complete inundation of normally dry land areas from:
- FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
- An official map of a community on which the Administrator has delineated both special flood hazard areas and the designated regulatory floodway.
- FLOOD ELEVATION DETERMINATION
- A determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one-percent or greater chance of occurrence in any given year.
- FLOOD ELEVATION STUDY
- An examination, evaluation and determination of flood hazards.
- FLOOD FRINGE
- The area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood.
- FLOOD HAZARD BOUNDARY MAP (FHBM)
- An official map of the community, issued by the Administrator, where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A zones.
- FLOOD INSURANCE RATE MAP (FIRM)
- An official map of the community, on which the Administrator has delineated both the special flood hazard area and the risk premium zones applicable to the community.
- FLOOD INSURANCE STUDY (FIS)
- An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.
- FLOODPLAIN OR FLOOD-PRONE AREA
- Any land susceptible to being inundated by water from any source.
- FLOODPLAIN MANAGEMENT
- The operation of an overall program of corrective and preventative measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control work and floodplain management regulations.
- FLOODPLAIN MANAGEMENT REGULATIONS
- Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and other applications of police power. The term describes such State or local regulations, in any combination thereof, that provide standards for the purpose of flood damage prevention and reduction.
- Any combination of structural and non-structural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents.
- FLOODWAY or REGULATORY FLOODWAY
- The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.
- FLOODWAY ENCROACHMENT LINES
- The lines marking the limits of floodways on Federal, State and local floodplain maps.
- A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many 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 of urbanization of the watershed.
- FUNCTIONALLY DEPENDENT USE
- A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers, but does not include long-term storage or related manufacturing facilities.
- HIGHEST ADJACENT GRADE
- The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
- HISTORIC STRUCTURE
- Any structure that is:
- 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
- 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
- 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
- 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
- LOWEST FLOOR
- The lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, 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 render the structure in violation of the applicable non-elevation design requirements of this Chapter.
- MANUFACTURED HOME
- A structure, transportable in one (1) or more Sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.
- MANUFACTURED HOME PARK OR SUBDIVISION
- A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
- Flood Hazard Boundary Map (FHBM), Flood Insurance Rate Map (FIRM), or the Flood Boundary and Floodway Map (FBFM) for a community issued by the Federal Emergency Management Agency (FEMA).
- MARKET VALUE or FAIR MARKET VALUE
- An estimate of what is fair, economic, just and equitable value under normal local market conditions.
- MEAN SEA LEVEL
- The average height of the sea for all stages of the tide.
- NEW CONSTRUCTION
- For the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the effective date of the floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.
- NEW MANUFACTURED HOME PARK OR SUBDIVISION
- A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date of this floodplain management regulations adopted by a community. (NFIP): the National Flood Insurance Program (NFIP).
- PARTICIPATING COMMUNITY
- Also known as an "eligible community," means a community in which the Administrator has authorized the sale of flood insurance.
- Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including Federal, State, and local governments and agencies.
- PRINCIPALLY ABOVE GROUND
- Means that at least fifty-one percent (51%) of the actual cash value of the structure, less land value, is above ground.
- RECREATIONAL VEHICLE
- Means a vehicle which is:
- 1. Built on a single chassis;
- 2. Four hundred (400) square feet or less when measured at the largest horizontal projections;
- 3. Designed to be self-propelled or permanently towable by a light-duty truck; and
- 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
- REMEDY A VIOLATION
- Means to bring the structure or other development into compliance with Federal, State, or local floodplain management regulations; or, if this is not possible, to reduce the impacts of its non-compliance.
- REPETITIVE LOSS
- Means flood-related damages sustained by a structure on two (2) separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, equals or exceeds twenty-five percent (25%) of the market value of the structure before the damage occurred.
- RISK PREMIUM RATES
- Means those rates established by the Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. Risk premium rates include provisions for operating costs and allowances.
- The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity, or other natural means as a result of erosion.
- SPECIAL FLOOD HAZARD AREA
- See "area of special flood hazard."
- SPECIAL HAZARD AREA
- Means an area having special flood hazards and shown on an FHBM, FIRM or FBFM as zones (unnumbered or numbered) A and AE.
- START OF CONSTRUCTION
- Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
- STATE COORDINATING AGENCY
- That agency of the state government, or other office designated by the Governor of the state or by state statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that state.
- Anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground, excepting, however, utility poles and appurtenances thereto, underground distribution or collection of pipes or cables, and underground or ground level appurtenances thereto.
- 1. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. The term includes repetitive loss buildings (see definition).
- 2. For the purposes of this definition, "repair" is considered to occur when the first repair or reconstruction of any wall, ceiling, floor, or other structural part of the building commences. The term does not apply to:
- a. Any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications which have been identified by the Code Enforcement Official and which are solely necessary to assure safe living conditions; or
- b. Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure; or
- c. Any improvement to a building.
- SUBSTANTIAL IMPROVEMENT
- Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
- 1. Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local Code Enforcement Official and which are the minimum necessary to assure safe living conditions; or
- 2. Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure; or
- 3. Any improvement to a building.
- SUBSTANTIALLY IMPROVED EXISTING MANUFACTURED HOME PARKS OR SUBDIVISIONS
- Where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.
- A grant of relief to a person from the requirements of this Chapter which permits construction in a manner otherwise prohibited by this Chapter.
- The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this chapter is presumed to be in violation until such time as that documentation is provided.
- WATER SURFACE ELEVATION
- The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain.
[Ord. No. 3510 §1, 5-10-2010]
No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this Chapter and other applicable regulations.
[Ord. No. 3510 §1, 5-10-2010]
This Chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
[Ord. No. 3510 §1, 5-10-2010]
[Ord. No. 3510 §1, 5-10-2010]
The Director or his/her designee is hereby appointed to administer and implement the provisions of this Chapter.
[Ord. No. 3510 §1, 5-10-2010]
The Board of Adjustment shall hear and decide appeals and requests for variances from the requirements of this Chapter after review and recommendations from the Planning Commission.
The Board of Adjustment shall hear and decide appeals, after review and recommendations from the Planning Commission, when it is alleged there is an error in any requirement, decision or determination made by the Director or his/her designee in the enforcement or administration of this Chapter.
The Board of Adjustment shall also hear and decide appeals in which the applicant seeks a variance from the applications of the provisions of this Chapter.
Procedure For Appeals.
Any person aggrieved by any order, requirement, decision or determination of the Director or any officer, department, board or bureau of the City relating to this Chapter may appeal to the Board of Adjustment within sixty (60) days of the application of such order, requirement, decision or determination. An application to appeal must be filed with the City Clerk specifying the grounds for appeal within sixty (60) days of the order, requirement, decision or determination appealed from.
The City Clerk shall submit such application to the Planning Commission at its next regularly scheduled meeting. The Planning Commission shall review the application and make its recommendations to the Board of Adjustment within a reasonable time, not to exceed sixty (60) days from the date of referral to the Planning Commission.
The Board of Adjustment shall hear and decide appeals within a reasonable time period, not to exceed sixty (60) days from the date it receives the recommendations of the Planning Commission.
The Board of Adjustment shall give at least fifteen (15) days' public notice of its hearing on each appeal in a newspaper of general circulation in the City. The Board of Adjustment shall also give due notice to interested parties, including the appellant and persons owning property located within three hundred (300) feet of the property which is the subject of the appeal. Any interested party may appear at the hearing of the Board of Adjustment on an appeal in person or by attorney.
After public hearing on any appeal from any order, requirement, decision or determination of the Director or other administrative official or on a request for a variance, the Board of Adjustment may reverse, affirm or modify, in whole or in part, the order, requirement, decision or determination of the Director or other administrative official. The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse or modify any order, requirement, decision or determination of the Director or other administrative official or to grant a variance in accordance with this Chapter.
In passing upon such applications, the Board of Adjustment shall consider all technical evaluations, relevant factors, standards specified in other Sections of this Chapter and the following:
The danger that materials may be swept onto other lands to the injury of others;
The danger of life and property due to flooding, stormwater or erosion damage;
The susceptibility of the proposed facility and its contents to flood, stormwater or erosion damage and the effect of such damage on the individual owner;
The importance of the services provided by the proposed facility to the community;
The availability of alternative locations for the proposed use, not subject to flooding, stormwater or erosion damage; or alternative designs of the building;
The compatibility of the proposed use with existing and anticipated development;
The relationship of the proposed use to the Zoning Code of the City and the floodplain management program for that area;
The safety of access to the property in times of flood for ordinary and emergency vehicles;
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
The general expected or relative costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.
Generally, variances from the flood control regulations set forth in Article II herein may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing Subsections (E)(1) through (10) of this Section have been fully considered. As the parcel size increases beyond one-half (½) acre, the technical justification required for issuing any variance increases and the Board of Adjustment may require submission of additional data and preparation of alternative plans.
Variances from the flood control regulations set forth in Article II herein shall not be issued within any designated floodway which would increase flood levels during the base flood more than one (1) foot at any point.
The following prerequisites for the issuance of a variance shall be in effect:
Variances shall only be issued upon a determination that the variance is the minimum necessary to afford relief.
Variances shall only be issued upon:
A showing of good and sufficient cause that specific enforcement would result in unnecessary hardship.
A determination that the granting of 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.
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.
The Director or his/her designee shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.