(a)
The
flood hazard areas of the city are subject to periodic inundation
which results in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, and extraordinary
public expenditures for flood protection and relief, all of which
adversely affect the public health, safety and general welfare.
(b)
These
flood losses are created by the cumulative effect of obstructions
in floodplains which cause an increase in flood heights and by the
occupancy of flood hazard areas by uses vulnerable to [floods and
hazardous to other lands because they are] inadequately elevated,
floodproofed or otherwise protected from flood damage.
(Ordinance 2-86, sec. 1, adopted 10/21/1986; 1999 Code, sec. 50-31)
It is the purpose of this article to promote the public health,
safety and general welfare and to minimize public harm and private
losses in special flood hazard areas with provisions designed to:
(1)
Restrict
or prohibit uses that are dangerous to health, safety or property
in times of flood, or cause excessive increases in flood heights.
(2)
Require
that uses vulnerable to floods, including public facilities which
serve such uses, be protected against flood damage at the time of
initial construction.
(3)
Control,
in the sense of providing authoritative guidance, the alteration of
natural floodplains and their protective barriers.
(4)
Prevent
the construction of barriers which will divert floodwaters and subject
other lands to greater flood hazards.
(5)
Control,
in the sense of authoritative guidance, development which would cause
greater erosion or potential flood damage such as grading and excavation.
(Ordinance 2-86, sec. 2, adopted 10/21/1986; 1999 Code, sec. 50-32)
The objectives of this article are to:
(1)
Protect
human life and property exposed to the hazards of flooding.
(2)
Ensure
that potential property owners are notified if property is in a special
flood hazard area.
(3)
Minimize
the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public.
(4)
Minimize
prolonged business interruptions.
(5)
Minimize
damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, street and bridges located in
special flood hazard areas.
(6)
Minimize
expenditures of future public money for costly flood control projects.
(Ordinance 2-86, sec. 3, adopted 10/21/1986; 1999 Code, sec. 50-33)
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means a request for a review of the city secretary’s
interpretation of any provision of this article or a request for a
variance.
means a designated AO zone on the city’s flood insurance
rate map with base flood depths from one to three feet. This condition
occurs where a clearly defined channel does not exist, where the path
of flooding in unpredictable and indeterminate, and where velocity
flow may be evident.
means the land in the floodplain within the city subject
to a one percent or greater chance of flooding in any given year.
means that flood having a one percent chance of being equaled
or exceeded in any given year.
means 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.
means a general and temporary condition of partial or complete
inundation of normally dry land areas from the unusual and rapid accumulation
or runoff of surface waters from any source.
means an official map of the city, issued by the Federal
Emergency Management Agency, where the areas within the boundaries
of special flood hazards have been designated as zone A.
means an official map of the city, on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazard
and the risk premium zones applicable to the city.
means the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, and the water
surface elevation of the base flood, as well as the flood hazard boundary-floodway
map.
means 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.
means 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 article.
means 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 connected to the required utilities.
For floodplain management purposes, the term “manufactured home”
also includes park trailers, travel trailers and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance
purposes, the term “manufactured home” does not include
park trailers, travel trailers and other similar vehicles.
means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
means the average height of the sea for all stages of the
tide.
means the first placement of permanent construction of a
structure (other than a manufactured home) on a site, such as the
pouring of slabs or footings or any work beyond the stage of excavation.
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 a part of the main structure. For a structure (other than a
manufactured home) without a basement or poured footings, the start
of construction includes the first permanent framing or assembly of
the structure or any part of a structure on its piling or foundation.
For manufactured homes not within a manufactured home park or manufactured
home subdivision, start of construction means the affixing of the
manufactured home to its permanent site. For manufactured homes within
manufactured home parks or manufactured home subdivisions, start of
construction is the date on which the construction of facilities for
servicing the site on which the manufactured home is to be affixed
(including, at a minimum, the construction of streets, either final
site grading or the pouring of concrete pads, and installation of
utilities) is completed.
means a walled and roofed building that is principally above
ground, as well as a manufactured home.
means any repair, reconstruction, or improvement of a structure
the cost of which equals or exceeds 50 percent of the market value
of the structure either before the improvement or repair is started
or, if the structure has been damaged and is being restored, before
the damage occurred. For the purposes of this definition, substantial
improvement is considered to occur when the first alteration of any
wall, ceiling, floor or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include either any project
for improvement of a structure to comply with existing state or local
health, sanitary or safety code specifications which are solely necessary
to assure safe living conditions, or any alteration of a structure
listed on the National Register of Historic Places or the state inventory
of historic places.
is a grant of relief to a person from the requirements of
this article when specific enforcement would result in unnecessary
hardship. A variance, therefore, permits construction or development
in a manner otherwise prohibited by this article.
(Ordinance 2-86, sec. 4, adopted 10/21/1986; 1999 Code, sec. 50-34)
This article shall apply to all areas of special flood hazard
within the jurisdiction of the city.
(Ordinance 2-86, sec. 5, adopted 10/21/1986; 1999 Code, sec. 50-35)
The areas of special flood hazard identified by the Federal
Insurance Administration on its flood hazard boundary map, #4810159A,
dated March 26, 1976, and any revisions to that map are adopted by
reference and declared to be a part of this article.
(Ordinance 2-86, sec. 6, adopted 10/21/1986; 1999 Code, sec. 50-36)
A development permit shall be required to ensure conformance
with the provisions of this article.
(Ordinance 2-86, sec. 7, adopted 10/21/1986; 1999 Code, sec. 50-37)
No structure or land shall be located, altered, or have its
use changed without full compliance with the terms of this article
and other applicable regulations.
(Ordinance 2-86, sec. 8, adopted 10/21/1986; 1999 Code, sec. 50-38)
This article is not intended to repeal, abrogate or impair any
existing easements, covenants or deed restrictions. However, where
this article and other [another ordinance] conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
(Ordinance 2-86, sec. 9, adopted 10/21/1986; 1999 Code, sec. 50-39)
In the interpretation and application of this article, all provisions
shall be:
(1)
Considered
as minimum requirements;
(2)
Liberally
construed in favor of the city council; and
(3)
Deemed
neither to limit nor repeal any other powers granted under state statutes.
(Ordinance 2-86, sec. 10, adopted 10/21/1986; 1999 Code, sec. 50-40)
The degree of flood protection required by this article is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. On rare occasions greater floods can and
will occur, and flood heights may be increased by man-made or natural
causes. This article does not imply that land outside the areas of
special flood hazards or uses permitted within such areas will be
free from flooding or flood damages. This article shall not create
liability on the part of the city or any officer or employee of the
city for any flood damages that result from reliance on this article
or any administrative decision lawfully made under this article.
(Ordinance 2-86, sec. 11, adopted 10/21/1986; 1999 Code, sec. 50-41)
