[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.
See "base flood."
Means the same as "appurtenant structure."
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).
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.
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.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year.
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."
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.
A community for which the Administrator has authorized the
sale of flood insurance under the National Flood Insurance Program
(NFIP).
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.
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."
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.
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.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
An official map of a community on which the Administrator
has delineated both special flood hazard areas and the designated
regulatory floodway.
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.
An examination, evaluation and determination of flood hazards.
The area outside the floodway encroachment lines, but still
subject to inundation by the regulatory flood.
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.
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.
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
Any land susceptible to being inundated by water from any
source.
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.
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.
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.
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.
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.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
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;
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;
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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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.
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.
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).
An estimate of what is fair, economic, just and equitable
value under normal local market conditions.
The average height of the sea for all stages of the tide.
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.
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).
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.
Means that at least fifty-one percent (51%) of the actual
cash value of the structure, less land value, is above ground.
Means a vehicle which is:
Built on a single chassis;
Four hundred (400) square feet or less when measured at the
largest horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
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.
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.
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.
See "area of special flood hazard."
Means an area having special flood hazards and shown on an
FHBM, FIRM or FBFM as zones (unnumbered or numbered) A and AE.
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.
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.
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).
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:
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
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a historic
structure; or
Any improvement to a building.
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:
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
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a historic
structure; or
Any improvement to a building.
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.
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]
A.
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.
B.
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.
C.
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.
D.
Procedure For Appeals.
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
E.
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:
1.
The danger that materials may be swept onto other lands to the injury
of others;
2.
The danger of life and property due to flooding, stormwater or erosion
damage;
3.
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;
4.
The importance of the services provided by the proposed facility
to the community;
5.
The availability of alternative locations for the proposed use, not
subject to flooding, stormwater or erosion damage; or alternative
designs of the building;
6.
The compatibility of the proposed use with existing and anticipated
development;
7.
The relationship of the proposed use to the Zoning Code of the City
and the floodplain management program for that area;
8.
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
9.
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
10.
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.
F.
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.
G.
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.
H.
The
following prerequisites for the issuance of a variance shall be in
effect:
1.
Variances shall only be issued upon a determination that the variance
is the minimum necessary to afford relief.
2.
Variances shall only be issued upon:
a.
A showing of good and sufficient cause that specific enforcement
would result in unnecessary hardship.
b.
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.
3.
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.
4.
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.
