The legislature of the state has in state statutes delegated
the responsibility to local governmental units to adopt regulations
designed to minimize flood losses. Therefore, the city does ordain
as follows.
(Ordinance 87-01 adopted 2/3/87)
(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 velocities,
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 87-01 adopted 2/3/87)
It is the purpose of this article to promote the public health,
safety and general welfare and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:
(1)
Protect
human life and health;
(2)
Minimize
expenditure of public money for costly flood control projects;
(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, streets and bridges located in
floodplains;
(6)
Help
maintain a stable tax base by providing for the sound use and development
of floodprone areas in such a manner as to minimize future flood blight
areas; and
(7)
Ensure
that potential buyers are notified that property is in a flood area.
(Ordinance 87-01 adopted 2/3/87)
In order to accomplish its purposes, this article uses the following
methods:
(1)
Restrict
or prohibit uses that are dangerous to health, safety or property
in times of flood, or cause excessive increases in flood heights or
velocities;
(2)
Require
that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
(3)
Control
the alteration of natural floodplains, stream channels, and natural
protective barriers, which are involved in the accommodation of floodwaters;
(4)
Control
filling, grading, dredging and other development which may increase
flood damage;
(5)
Prevent
or regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands.
(Ordinance 87-01 adopted 2/3/87)
Unless specifically defined below, words or phrases used in
this article shall be interpreted to give them the meaning they have
in common usage and to give this article its most reasonable application.
A request for a review of the floodplain administrator’s
interpretation of any provision of this article or a request for a
variance.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. The
area may be designated as zone A on the flood hazard boundary map
(FHBM). After detailed ratemaking has been completed in preparation
for publication of the FIRM, zone A usually is refined into zone A,
AE, AH, AO, A1-99, VO, V1-30, VE or V.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
An integral and readily identifiable part of a flood protection
system, without which the flood protection provided by the entire
system would be compromised.
Any manmade change in improved and unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
A nonbasement building:
Built, in the case of a building in zones A1-30, AE, A, A99,
AO, AH, B, C, X, and D, to have the top of the elevated floor, or
in the case of a building in zones V1-30, VE, or V, to have the bottom
of the lowest horizontal structure member of the elevated floor elevated
above the ground level by means of pilings, columns (posts and piers),
or shear walls parallel to the flow of the water; and
Adequately anchored so as not to impair the structural integrity
of the building during a flood of up to the magnitude of the base
flood. In the case of zones A1-30, AE, A, A99, AO, AH, B, C, X, D, “elevated
building” also includes a building elevated by means of fill
or solid foundation perimeter walls with openings sufficient to facilitate
the unimpeded movement of floodwaters. In the case of zones V1-30,
VE, or V, “elevated building” also includes a building
otherwise meeting the definition of “elevated building,”
even though the lower area is enclosed by means of breakaway walls
if the breakaway walls meet the standards of section 60.3(e)(5) of
the National Flood Insurance Program regulations.
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.”
An official map of a community on which the Federal Emergency
Management Agency has delineated the boundaries of the flood and mudslide
(i.e., mudflow) related erosion areas having special hazards have
been designated as zone A, M, and/or E.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
Those physical structural works for which funds have been
authorized, appropriated, and expended and which have been constructed
specifically to modify flooding in order to reduce the extent of the
areas within a community subject to a “special flood hazard”
and the extent of the depths of associated flooding. Such a system
typically includes hurricane tidal barriers, dams, reservoirs, levees
or dikes. These specialized flood modifying works are those constructed
in conformance with sound engineering standards.
Any land area susceptible to being inundated by water from
any source (see definition of flooding).
A manmade structure, usually an earthen embankment, designed
and constructed in accordance with sound engineering practices to
contain, control, or divert the flow of water so as to provide protection
from temporary flooding.
A flood protection system which consists of a levee, or levees,
and associated structures, such as closure and drainage devices, which
are constructed and operated in accordance with sound engineering
practices.
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 nonelevation design requirement of section 60.3
of the National Flood Insurance Program regulations.
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.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to
which base flood elevations shown on a community’s flood insurance
rate map are referenced.
For floodplain management purposes, structures for which
the “start of construction” commenced on or after the
effective date of a floodplain management regulation adopted by a
community.
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,
placement, or other improvement was within 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 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.
A walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured
home.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either: (1) before the improvement or repair is started;
or (2) if the structure has been damaged and is being restored, before
the damage occurred. For the purpose 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: (1)
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 (2) any
alteration of a structure listed on the National Register of Historic
Places or a state inventory of historic places.
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. (For full requirements see section
60.6 of the National Flood Insurance Program regulations.)
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 in
section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
of the National Flood Insurance Program regulations 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 floodplains of coastal
or riverine areas.
(Ordinance 87-01 adopted 2/3/87)
The article shall apply to all areas of special flood hazard
within the jurisdiction of the city.
(Ordinance 87-01 adopted 2/3/87)
The areas of special flood hazard identified by the Federal
Emergency Management Agency on its flood hazard boundary map (FHBM),
Community No. 480581A, dated May 17, 1974, and any revisions thereto
are hereby adopted by reference and declared to be a part of this
article.
(Ordinance 87-01 adopted 2/3/87)
A development permit shall be required to ensure conformance
with the provisions of this article.
(Ordinance 87-01 adopted 2/3/87)
After February 3, 1987, 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 87-01 adopted 2/3/87)
This article is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this article and another ordinance conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
(Ordinance 87-01 adopted 2/3/87)
In the interpretation and application of this article, all provisions
shall be:
(1)
Considered
as minimum requirements;
(2)
Liberally
construed in favor of the governing body; and
(3)
Deemed
neither to limit nor repeal any other powers granted under state statutes.
(Ordinance 87-01 adopted 2/3/87)
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 manmade 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 community or any official or employee
thereof for any flood damages that result from reliance on this article
or any administrative decision lawfully made thereunder.
(Ordinance 87-01 adopted 2/3/87)
