Editor's Note: Prior ordinance history: Ordinance Nos.
1106, 1107.
[Amended by Ord. No. 1148, 4-6-2010]
The Legislature of the State of Nebraska has delegated the responsibility
to local governmental units to adopt zoning regulations designed to
protect the public health, safety and general welfare. The Legislature,
in Sections 31-1001 to 31-1022, R.R.S. 1943, has further assigned
the responsibility to adopt, administer, and enforce floodplain management
regulations to the county, city or village with zoning jurisdiction
over the flood-prone area. Therefore, the Mayor and City Council of
the City of Ralston, Nebraska, ordains as follows.
[Amended by Ord. No. 1148, 4-6-2010]
1.
Flood Losses Resulting from Periodic Inundation. The flood hazard
areas of Ralston, 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 expenditures
for flood protection and relief, and impairment of the tax base all
of which adversely affect the public health, safety and general welfare.
2.
General Causes of the Flood Losses. These flood losses are caused
by: (1) The cumulative effect of obstructions in floodplains 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 unprotected from flood
damages.
3.
Methods Used to Analyze Flood Hazards. This Chapter uses a reasonable
method of analyzing flood hazards which consists of a series of interrelated
steps.
a.
Selection of a regulatory 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 flood is selected for this ordinance.
It is representative of large floods which are reasonably characteristic
of what can be expected to occur on the particular streams subject
to this ordinance. It is in the general order of a flood which could
be expected to have a 1% chance of occurrence in any one year, as
delineated on the Federal Insurance Administration's Flood Insurance
Study, and illustrative materials dated December 2, 2005 as amended.
b.
Calculation of water surface profiles based on a hydraulic engineering
analysis of the capacity of the stream channel and overbank areas
to convey the base flood.
c.
Computation of the floodway required to convey this flood without
increasing flood heights more than one foot at any point.
d.
Delineation of floodway encroachment lines within which no obstruction
is permitted which would cause any water surface increase along the
floodway profile.
e.
Delineation of floodway fringe, i.e., that area outside the
floodway encroachment lines, but which still is subject to inundation
by the base flood.
[Amended by Ord. No. 1148, 4-6-2010]
It is the purpose of this Chapter to promote the public health,
safety, and general welfare and to minimize those losses described
in Section 15-101.2,1 by applying the provisions of this Chapter to:
1.
Restrict or prohibit uses which are dangerous to health, safety,
or property in times of flooding or cause undue increases in flood
heights or velocities.
2.
Require that uses vulnerable to floods, including public facilities
which serve such uses, be provided with flood protection at the time
of initial construction.
3.
Protect individuals from buying lands which are unsuited for
intended purposes because of flood hazard.
4.
Assure that eligibility is maintained for property owners in
the community to purchase flood insurance in the National Flood Insurance
Program.
[Amended by Ord. No. 1148, 4-6-2010]
This Chapter shall apply to all lands within the jurisdiction
of the City of Ralston, Nebraska identified on the Flood Insurance
Rate Map (FIRM) dated December 2, 2005, as numbered and unnumbered
A Zones (including AE, AO and AM Zones) and within the Zoning Districts
FW and FF established in Section 15-401 of this Chapter. In all areas
covered by this Chapter no development shall be permitted except upon
the issuance of a floodplain permit to develop, granted by the City
Council of the City of Ralston or its duly designated representative
under such safeguards and restrictions as the City Council of the
City of Ralston or the designated representative 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
15-501, 15-601 and 15-701.
[Amended by Ord. No. 1148, 4-6-2010]
The Building Inspector of the community is hereby designated
as the community's duly designated Enforcement Officer under
this Chapter.
[Amended by Ord. No. 1148, 4-6-2010]
The boundaries of the floodway and flood fringe overlay districts
shall be determined by scaling distances on the official zoning map
or on the Flood Insurance Rate Map or Floodway 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 Adjustment
will resolve the dispute. The regulatory flood elevation for the point
in question shall be the governing factor in locating the district
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 of Adjustment and to submit his own technical evidence,
if he so desires.
[Amended by Ord. No. 1148, 4-6-2010]
Within identified special flood hazard areas of this community,
no development shall be located, extended, converted or structurally
altered without full compliance with the terms of this Chapter and
other applicable regulations.
[Amended by Ord. No. 1148, 4-6-2010]
It is not intended by this Chapter to repeal, abrogate or impair
any existent easements, covenants, or deed restrictions. However,
where this Chapter imposes greater restrictions, the provision of
this Chapter shall prevail. All other ordinances inconsistent with
this Chapter are hereby repealed to the extent of the inconsistency
only.
[Amended by Ord. No. 1148, 4-6-2010]
It is not intended by this Chapter to repeal, abrogate or impair
any existent easements, covenants, or deed restrictions. However,
where this Chapter imposes greater restrictions, the provision of
this Chapter shall prevail. All other ordinances inconsistent with
this Chapter are hereby repealed to the extent of the inconsistency
only.
[Amended by Ord. No. 1148, 4-6-2010]
In their interpretation and application, the provisions of this
Chapter shall be held to be minimum requirements and shall be liberally
construed in favor of the Governing Body and shall not be deemed a
limitation or repeal of any other powers granted by State Statutes.
[Amended by Ord. No. 1148, 4-6-2010]
The degree of flood protection required by this Chapter is considered
reasonable for regulatory purposes and is based on engineering and
scientific methods of study. Larger floods may occur on rare occasions
or the flood height may be increased by man-made or natural causes,
such as ice jams and bridge openings restricted by debris. This Chapter
does not imply that areas outside floodway and flood fringe district
boundaries or land uses permitted within such districts will be free
from flooding or flood damage. This Chapter shall not create liability
on the part of the City of Ralston, Nebraska or any officer or employee
thereof for any flood damages that may result from reliance on this
Chapter or any administrative decision lawfully made thereunder.
[Amended by Ord. No. 1148, 4-6-2010]
If any section, clause, provision or portion of this Chapter
is adjudged unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this Chapter shall not be affected thereby.
[Amended by Ord. No. 1148, 4-6-2010]
Where a request for a permit to develop or a variance is denied
by the Building Inspector the applicant may apply for such permit
or variance directly to the Board of Adjustment.
[Amended by Ord. No. 1148, 4-6-2010]
No person, firm or corporation shall initiate any floodplain
development or substantial improvement or cause the same to be done
without first obtaining a separate permit for development as defined
in Section 15-1201.
[Amended by Ord. No. 1148, 4-6-2010]
1.
The Building Inspector is hereby appointed to administer and
implement the provisions of this Chapter.
2.
Duties of the Building Inspector shall include, but not be limited
to:
a.
Review all development permit applications to assure that sites
are reasonably safe from flooding and that the permit requirements
of this Chapter have been satisfied.
b.
Review applications 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.
c.
Review all subdivision proposals and other proposed new development,
including manufactured home parks or subdivisions, to determine whether
such proposals will be reasonably safe from flooding.
d.
Notify adjacent communities and the Nebraska Department of Natural
Resources prior to any alteration or relocation of a watercourse,
and submit evidence of such notification to the Federal Emergency
Management Agency.
e.
Assure that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood carrying capacity is
not diminished.
f.
Verify, record and maintain record of the actual elevation (in
relation to mean sea level) of the lowest floor (including basement)
of all new or substantially improved structures in special flood hazard
areas.
g.
Verify, record and maintain record of the actual elevation (in
relation to mean sea level) to which new or substantially improved
structures have been floodproofed.
h.
When floodproofing is utilized for a particular structure the
Building Inspector shall be presented certification from a registered
professional engineer or architect.
i.
Facilitate the approval of new Flood Insurance Rate Maps or
best available data as necessary.
j.
Maintain records of all floodplain development permits and or
building permits within the floodway or flood fringe overlay district
to ensure that structures are not substantial improvements.
k.
Filling of the floodway fringe associated with new development
within the Papillion Creek System shall be limited to 25% of the floodway
fringe in the floodplain development application project area, unless
approved mitigation measures are implemented. The remaining 75% of
floodway fringe within the project area shall be designated as a restricted
fill zone. For redevelopment, these provisions may be modified or
waived in whole or in part by the local jurisdiction.
[Amended by Ord. No. 1148, 4-6-2010]
To obtain a floodplain development permit, the applicant shall
first file an application in writing on a form furnished for that
purpose. Every such application shall:
1.
Identify and describe the development to be covered by the floodplain
development permit.
2.
Describe the land on which the proposed development is to be
done by lot, block, tract and house and street address, or similar
description that will readily identify and definitely locate the proposed
building or development.
3.
Indicate the use or occupancy for which the proposed development
is intended.
4.
Be accompanied by plans and specifications for proposed construction,
including but not limited to the following information: 1) existing
(natural) grades, 2) proposed grades as a result of proposed development,
3) the proposed lowest floor elevation and any higher floor elevations,
including attached garage, of any proposed structures, 4) the lowest
and highest adjacent grades next to any proposed structures, 5) the
most restrictive base flood elevation nearest the proposed development.
5.
Be signed by the permittee or his authorized agent who may be
required to submit evidence to indicate such authority.
6.
Give such other information as reasonably may be required by
the Building Inspector.
[Amended by Ord. No. 1148, 4-6-2010]
Along watercourses where a floodway has been established, the
mapped floodplain areas are hereby divided into the two following
districts: A floodway overlay district (FW) and a flood fringe overlay
district (FF) as identified in the Flood Insurance Study, effective
FIRM, or best available data. The zoning districts created by this
resolution overlie other zoning districts and place additional restrictions
upon the manner in which lands in such underlying district may be
used. Within these districts all uses not meeting the standards of
this Chapter and those standards of the underlying zoning district
shall be prohibited.
[Amended by Ord. No. 1148, 4-6-2010]
1.
No permit for development shall be granted for new construction,
substantial improvements and other development(s) including the placement
of manufactured homes within all numbered and unnumbered A Zones (including
AE, AO, and AH Zones) unless the conditions of this Section are satisfied.
2.
All areas identified as unnumbered A Zones on the effective FIRM
are subject to inundation of the base flood; however, the water surface
elevation was not provided. The unnumbered A Zones shall be subject
to all development provisions of Section 15-601. If Flood Insurance
Study data is not available, the community shall utilize any base
flood elevation or floodway data currently available from Federal,
State or other sources.
3.
Until a floodway has been designated, no development or substantial
improvement may be permitted within special flood hazard areas unless
the applicant has demonstrated that the proposed development or substantial
improvement, when combined with all other existing and reasonably
anticipated developments or substantial improvements, will not increase
the water surface elevation of the base flood more than one foot at
any location as shown on the effective FIRM or best available data.
4.
New construction, subdivision proposals, substantial improvements,
prefabricated buildings, placement of manufactured homes and other
developments shall require:
a.
Design or anchorage to prevent flotation, collapse or lateral
movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy.
b.
New or replacement water supply systems and/or sanitary sewage
systems be designed to minimize or eliminate infiltration of floodwaters
into the systems and discharges from the systems into floodwaters,
and on-site waste disposal systems be located so as to avoid impairment
or contamination.
c.
Construction with materials resistant to flood damage, utilizing
methods and practices that minimize flood damages, and with electrical,
heating, ventilation, plumbing, and 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.
d.
All electrical equipment and sanitary facilities, including
circuits, installed electric appliances, toilets, sinks, drains, in
new developments and substantial improvements shall be located so
as to not be subject to flooding or shall be floodproofed to prevent
damage resulting from flood levels exceeding the base flood elevation
by one foot. Backflow valves should be installed on all septic lines
leading from the structure.
5.
Storage of Material and Equipment.
a.
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.
b.
Storage of other material or equipment may be allowed 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.
6.
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 are 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 proposals for manufactured home parks and subdivision)
of five acres or 50 lots, whichever is lesser, include within such
proposals the base flood elevation.
[Amended by Ord. No. 1148, 4-6-2010]
Any use permitted in Section 15-701 shall be permitted in the
Flood Fringe Overlay District. No use shall be permitted in the district
unless the standards of Section 15-501 are met.
[Amended by Ord. No. 1148, 4-6-2010]
1.
Require new construction or substantial improvements of residential
structures to have the lowest floor, including basement, elevated
to or above one foot above the highest base flood elevation available,
now or in the future.
2.
Require new construction or substantial improvements of nonresidential
structures to have the lowest floor, including basement, elevated
to or above one foot above the highest base flood elevation available,
now or in the future, or, together with attendant utility and sanitary
facilities, to be floodproofed so that below that level the structure
is watertight with walls substantially impermeable to the passage
of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. A registered
professional engineer or architect shall certify that the standards
of this subsection are satisfied. Such certification shall be provided
to the Building Inspector as set forth in Section 15-301.2,2h.
3.
Require for all new construction and substantial improvements
that fully enclosed areas below the lowest floor that are usable solely
for parking of vehicles, building access or storage. The area below
lowest floor subject to flooding shall be a maximum of four feet in
height measured from the bottom of the floor joists, unless used for
parking of vehicles. Areas other than a basement and which are subject
to flooding shall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit
of floodwaters. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect or meet
or exceed the following minimum criteria: A minimum of two openings
having a total net area of not less than one square inch for every
square foot of enclosed area subject to flooding shall be provided.
The bottom of all openings shall be not higher than one foot above
grade. Openings may be equipped with screens, louvers, valves, or
other coverings or devices provided that they permit the automatic
entry and exit of floodwaters.
4.
All electrical equipment and sanitary facilities, including
circuits, installed electric appliances., toilets, sinks, drains,
in new developments and substantial improvements shall be located
so as to not be subject to flooding or shall be floodproofed to prevent
damage resulting from flood levels exceeding the highest base flood
elevation available, now or in the future, by one foot. Backflow valves
should be installed on all septic lines leading from the structure.
5.
Within AH Zones adequate drainage paths around structures on
slopes shall be required in order to guide floodwaters around and
away from proposed structures.
6.
Manufactured Homes.
a.
All manufactured homes shall be anchored to resist floatation,
collapse, or lateral movement. Manufactured homes must be anchored
in accordance with local building codes or FEMA guidelines. In the
event that over-the-top 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 side 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 4,800 pounds; and
(4)
Any additions to the manufactured home be similarly
anchored.
b.
Require that all manufactured homes to be placed or substantially
improved within special flood hazard areas on the community's
FIRM on sites:
(1)
Outside of a manufactured home park or subdivision,
(2)
In a new manufactured home park or subdivision,
(3)
In an expansion to an existing manufactured home
park or subdivision, or
(4)
In an existing manufactured home park or subdivision
on which a manufactured home has incurred "substantial damage" as
the result of a flood, be elevated on a permanent foundation such
that the lowest floor of the manufactured home is at or above one
foot above the base flood elevation; and be securely anchored to an
adequately anchored foundation system in accordance with the provisions
of Section 15-601.2,6a.
c.
Require that manufactured homes to be placed or substantially
improved on sites in an existing manufactured home park or subdivision
within special flood hazard areas on the community's FIRM that
are not subject to the provisions of Section 15-601.2,6b be elevated
so that either:
(1)
The lowest floor of the manufactured home is at
or above one foot above the base flood elevation, or
(2)
The manufactured home chassis is supported by reinforced
piers or other foundation elements of at least equivalent strength
that are no less than 36 inches in height above grade; and be securely
anchored to an adequately anchored foundation system in accordance
with the provisions of Section 15-601.2,6a.
7.
Recreational vehicles placed on sites within the special flood
hazard areas on the community's official map shall either (i)
be on the site for fewer than 180 consecutive days, (ii) be fully
licensed and ready for highway use, or (iii) meet the permit requirements
and the elevation and anchoring requirements for "manufactured homes"
of this Chapter. A recreational vehicle is ready for highway use if
it is on its wheels or jacking system, is attached to the site only
by quick-disconnect type utilities and security devices, and has no
permanently attached additions.
8.
Located within the areas of special flood hazard established
in Section 15-201.1 are areas designated as AO Zones. These areas
have special flood hazards associated with base flood depths of one
to three feet where a clearly defined channel does not exist and where
the path of flooding is unpredictable and indeterminate; therefore,
the following provisions apply within AO Zones:
a.
All new construction and substantial improvements of residential
structures shall have the lowest floor (including basement) elevated
above the highest adjacent grade at least as high as one foot above
the depth number specified in 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:
(1)
Have the lowest floor elevated above the highest
adjacent grade at least as high as one foot above the depth number
specified in feet on the community's FIRM (at least two feet
if no depth number is specified), or
(2)
Together with attendant utility and sanitary facilities
be completely floodproofed to or above that level so that any space
below that level is watertight with walls substantially impermeable
to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads and effects
of buoyancy. Such certification shall be provided to the official
as set forth in Section 15-302,2h.
c.
Adequate drainage paths around structures on slopes shall be
required in order to guide floodwaters around and away from proposed
structures.
[Amended by Ord. No. 1148, 4-6-2010]
Only uses having a low flood-damage potential and not obstructing
flood flows shall be permitted within the Floodway District to the
extent that they are not prohibited by any other ordinance. The following
are recommended uses for the Floodway District:
1.
Open space uses not requiring a closed building, such as agricultural
cropland, livestock feeding and grazing, or open public and private
recreation areas.
2.
Wire fences or other appurtenances may be constructed which
would not constitute an obstruction or debris-catching obstacle to
the passage of floodwaters.
3.
Railroads, streets, bridges, public utility wire and pipelines
for transmission and local distribution.
4.
Commercial excavation of materials from pits, strips, or pools;
provided that no stockpiling of materials, products or overburden
shall be such as to create a potential restriction to the passage
of floodwaters.
5.
Non-restrictive improvements in stream channel alignment, cross
section, and capacity in the normal maintenance thereof.
6.
Uses of a type not appreciably damaged by floodwaters; provided,
no structures for human habitation shall be permitted.
[Amended by Ord. No. 1148, 4-6-2010]
The uses enumerated in Section 15-701.1 above shall only be
permitted if certification by a registered professional engineer or
architect is provided demonstrating that the development shall not
result in any increase in water surface elevations along the floodway
profile during occurrence of the base flood discharge. These uses
are subject to the standards of Sections 15-501 and 15-601. In Zone
A unnumbered, obtain, review and reasonably utilize any flood elevation
and floodway data available through Federal, State or other sources
or Section 15-501,2 of this Chapter, in meeting the standards of this
Section.
[Amended by Ord. No. 1148, 4-6-2010]
1.
The Board of Adjustment as established by the City of Ralston shall
hear and decide appeals and requests for variances from the requirements
of this Chapter.
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.
Any person aggrieved by the decision of the Board of Adjustment or
any taxpayer may appeal such decision to the District Court as provided
in Section 19-912, R.R.S. 1943.
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:
a.
The danger that materials may be swept onto other lands to the
injury of others;
b.
The danger to life and property due to flooding or erosion damage;
c.
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner;
d.
The importance of the services provided by the proposed facility
to the community;
e.
The necessity to the facility of a waterfront location, where
applicable;
f.
The availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use;
g.
The compatibility of the proposed use with existing and anticipated
development;
h.
The relationship of the proposed use to the comprehensive plan
and floodplain management program for that area;
i.
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(1)
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,
(2)
The 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.
[Amended by Ord. No. 1148, 4-6-2010]
1.
Generally, variances may be issued for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing structures constructed
below the base flood level, providing items (2-6 below) have been
fully considered. As the lot size increases beyond the 1/2 acre, the
technical justification required for issuing the variance increases.
2.
Variances may be issued for the repair or rehabilitation of historic
structures upon a determination that the proposed repair or rehabilitation
will not preclude the structure's continued designation as a
historic structure and the variance is the minimum necessary to preserve
the historic character and design of the structure.
3.
Variances shall not be issued within any designated floodway if any
increase in flood levels along the floodway profile during the base
flood discharge would result.
4.
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
5.
Variances shall only be issued upon (i) a showing of good and sufficient
cause, (ii) a determination that failure to grant the variance would
result in exceptional hardship to the applicant, and (iii) 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.
6.
The applicant shall be given a written notice over the signature
of a community official that (1) the issuance of a variance to construct
a structure below the base flood level will result in increased premium
rates for flood insurance up to amounts as high as $25 for $100 of
insurance coverage and (2) such construction below the base flood
level increases risks to life and property. Such notification shall
be maintained with the record of all variance actions as required
by this Chapter.
[Amended by Ord. No. 1148, 4-6-2010]
1.
A structure or the use of a structure or premises which was lawful
before the passage or amendment of the ordinance, but which is not
in conformity with the provisions of this Chapter may be continued
subject to the following conditions:
a.
No such structure of use shall be expanded, changed, enlarged
or altered in a way which increases its nonconformity.
b.
If such use is discontinued for six consecutive months, any
future use of the building premises shall conform to this Chapter.
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.
c.
Uses or adjuncts thereof that are or become nuisances shall
not be entitled to continue as nonconforming uses.
2.
If any nonconforming use or structure is destroyed by any means,
including flood, it shall not be reconstructed if the cost is more
than 50% of the market value of the structure before the damage occurred
except that if it is reconstructed in conformity with the provisions
of this ordinance. This limitation does not include the cost of any
alteration to comply with existing State or local health, sanitary,
building, or safety codes or regulations or the cost of any alteration
of a structure listed on the National Register of Historic Places
or a State Inventory of Historic Places, provided that the alteration
shall not preclude its continued designation.
[Amended by Ord. No. 1148, 4-6-2010]
Violation of the provisions of this Chapter 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 Chapter or fails to comply with any of its requirements shall
upon conviction thereof be fined not more than $500 and in addition,
shall pay all costs and expenses involved in the case. Each day such
violation continues shall be considered a separate offense.
Nothing herein contained shall prevent the City of Ralston or
other appropriate authority from taking such other lawful action as
is necessary to prevent or remedy any violation.
[Amended by Ord. No. 1148, 4-6-2010]
The regulations, restrictions, and boundaries set forth in this
Chapter may from time to time be amended, supplemented, changed, or
appealed to reflect any and all changes in the National Flood Disaster
Protection Act of 1973, provided, however, that no such action may
be taken until after a public hearing in relation thereto, at which
parties in interest and citizens shall have an opportunity to be heard.
Notice of the time and place of such hearing shall be published in
a newspaper of general circulation in the City of Ralston. At least
15 days shall elapse between the date of this publication and the
public hearing. A copy of such amendments will be provided to the
Federal Emergency Management Agency. The regulations of this Chapter
are in compliance with the National Flood Insurance Program Regulations
as published in Title 44 of the Code of Federal Regulations and the
1983 Nebraska Flood Plain Management Act.
[Amended by Ord. No. 1148, 4-6-2010]
Unless specifically defined below, words or phrases used in
this Chapter shall be interpreted so as to give them the meaning they
have in common usage and to give this Chapter its most reasonable
application:
- APPEAL
- Shall mean a request for a review of the Building Inspector's interpretation of any provision of this Chapter or a request for a variance.
- AREA OF SHALLOW FLOODING
- Shall mean a designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
- BASE FLOOD
- Shall mean the flood having 1% chance of being equalled or exceeded in any given year.
- BASEMENT
- Shall mean any area of the building having its floor subgrade (below ground level) on all sides.
- BEST AVAILABLE DATA
- Shall mean any hydrologic and hydraulic studies which result in a base flood elevation, now or in the future, that is higher than that shown on the Effective FIRM or Effective FIS. Such study must be completed or approved by the Village/City/County or other government agency.
- DEVELOPMENT
- Shall mean 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 or storage of equipment or materials.
- EXISTING CONSTRUCTION
- Shall mean (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
- Shall mean 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, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is complete before the effective date of the floodplain management regulations adopted by a community.
- EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
- Shall mean 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 FRINGE
- Shall mean that area of the floodplain, outside of the floodway, that on the average is likely to be flooded once every 100 years (i.e., that has a 1% chance of flood occurrence in any one year).
- FLOOD INSURANCE RATE MAP (FIRM) OR EFFECTIVE FIRM
- Shall mean an official map of a community, on which the Flood Insurance Study has delineated the Flood Hazard Boundaries and the zones establishing insurance rates applicable to the community.
- FLOOD INSURANCE STUDY (FIS) OR EFFECTIVE FIS
- Shall mean the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface elevation of the base flood.
- FLOOD OR FLOODING
- Shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from:
- FLOODPLAIN
- Shall mean any land area susceptible to being inundated by water from any source (see definition of "flooding").
- FLOODWAY OR REGULATORY FLOODWAY
- Shall mean 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 foot.
- FREEBOARD
- Shall mean 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.
- HIGHEST ADJACENT GRADE
- Shall mean the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
- HISTORIC STRUCTURE
- Shall mean any structure that is: (a) 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; (b) 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; (c) 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 (d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) By an approved state program as determined by the Secretary of the Interior or (2) Directly by the Secretary of the Interior in states without approved programs.
- LOWEST FLOOR
- Shall mean 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
- Shall mean a structure, transportable in one or more sections, which 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
- Shall mean a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
- NEW CONSTRUCTION
- For floodplain management purposes, "new construction" shall mean structures for which the "start of construction" commenced on or after the effective date of the floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
- NEW MANUFACTURED HOME PARK OR SUBDIVISION
- Shall mean 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 at a minimum, 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 floodplain management regulations adopted by a community.
- OVERLAY DISTRICT
- Shall mean a district in which additional requirements act in conjunction with the underlying zoning district(s). The original zoning district designation does not change.
- PRINCIPALLY ABOVE GROUND
- Shall mean that at least 51% of the actual cash value of the structure is above ground.
- RECREATIONAL VEHICLE
- Shall mean a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
- SPECIAL FLOOD HAZARD AREA
- Shall mean the land in the floodplain within a community subject to 1% or greater chance of flooding in any given year.
- START OF CONSTRUCTION
- [For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)] includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means 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. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building.
- STRUCTURE
- Shall mean a walled and 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 DAMAGE
- Shall mean damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
- SUBSTANTIAL IMPROVEMENT
- Shall mean any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before "start of construction" of the improvement. This 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 structures continued designation as a "historic structure."
- VARIANCES
- Shall mean a grant of relief to a person from the requirements of this Chapter which permits construction in a manner otherwise prohibited by this Chapter where specific enforcement would result in unnecessary hardship.
- VIOLATION
- Shall mean a failure of a structure or other development to be fully compliant with the community's floodplain management regulations.
[Amended by Ord. No. 1148, 4-6-2010]
This Chapter becomes effective upon passage by the Mayor and
the City Council of the City of Ralston and upon its publication as
provided by law.
[Amended by Ord. No. 1148, 4-6-2010]
Any and all ordinances which are in conflict herewith are hereby
repealed.
