(a)
Statutory authorization.
The legislature of the state
has in statutes delegated the responsibility to local governmental
units to adopt regulations designed to minimize flood losses. Therefore,
the city council does ordain as follows.
(b)
Findings of fact.
(1)
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.
(2)
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.
(c)
Statement of purpose.
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)
Insure that potential buyers are notified that property is in a flood
area.
(d)
Methods of reducing flood losses.
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 adopted 3/14/88, art.
1)
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 man-made 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 (i) built, in the case of a building
in zones A1-30, AE, A99, AO, AH, B, C, X, and D, to have the top of
the elevated floor, or, in the case of a building in zone V1-30, VE,
or V, to have the bottom of the lowest horizontal structural 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 (ii) 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, A99,
AO, AH, B, C, and 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 zone 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.”
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 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.
Any land area susceptible to being inundated by water from
any source (see definition of flooding).
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 as 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.
A man-made 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 non-elevation 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 improvements 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 (i) before the improvement or repair is started,
or (ii) 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:
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 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 adopted 3/14/88, art.
2)
(a)
Lands to which this article applies.
This article shall
apply to all areas of special flood hazard with the jurisdiction of
city.
(b)
Basis for establishing areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency
Management Agency on its flood hazard boundary map (FHBM), Community
No. H-01, dated January 2, 1976, and any revisions thereto, are hereby
adopted by reference and declared to be a part of this article.
(c)
Establishment of development permit.
A development permit
shall be required to ensure conformance with the provisions of this
article.
(d)
Compliance.
No structure or land shall hereafter be
located, altered, or have its use changed without full compliance
with the terms of this article and other applicable regulations.
(e)
Abrogation and greater restrictions.
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.
(g)
Warning and disclaimer of liability.
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
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 adopted 3/14/88, art.
3)
(a)
Designation of floodplain administrator.
The city secretary
is hereby appointed the floodplain administrator and [to] implement
the provisions of this article and appropriate sections of 44 CFR
(National Flood Insurance Program Regulations) pertaining to floodplain
management.
(b)
Duties and responsibilities of floodplain administrator.
Duties and responsibilities of the floodplain administrator shall
include, but not be limited to, the following:
(1)
Maintain and hold open for public inspection all records pertaining
to the provisions of this article.
(2)
Review permit applications to determine whether proposed building
sites will be reasonably safe from flooding.
(3)
Review, approve or deny all applications for development permits
required by adoption of this article.
(4)
Review permits for proposed development to assure that all necessary
permits have been obtained from those federal, state or local governmental
agencies (including section 404 of the federal Water Pollution Control
Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval
is required.
(5)
Where interpretation is needed as to the exact location of the boundaries
of the areas of special flood hazards (for example, where there appears
to be a conflict between a mapped boundary and actual field conditions),
the floodplain administrator shall make the necessary interpretation.
(6)
Notify, in riverine situations, adjacent communities and the state
coordinating agency, which is Region VI, prior to any alteration or
relocation of a watercourse, and submit evidence of such notification
to the Federal Emergency Management Agency.
(7)
Assure that the flood-carrying capacity within the altered or relocated
portion of any watercourse is maintained.
(8)
When base flood elevation data has not been provided in accordance with section 3.06.003(b), the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of section 3.06.005.
(c)
Permit procedures.
(1)
Application for a development permit shall be presented to the floodplain
administrator on forms furnished by him/her and may include, but not
be limited to, plans in duplicate drawn to scale showing the location,
dimensions, and elevation of proposed landscape alterations, existing
and proposed structures, and the location of the foregoing in relation
to areas of special flood hazard. Additionally, the following information
is required:
(A)
Elevation (in relation to mean sea level) of the lowest floor (including
basement) of all new and substantially improved structures;
(B)
Elevation in relation to mean sea level to which any nonresidential
structure shall be floodproofed;
(C)
A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of section 3.06.005(b)(2);
(D)
Description of the extent to which any watercourse or natural drainage
will be altered or relocated as a result of proposed development;
(E)
Maintain a record of all such information in accordance with section 3.06.004(b)(1).
(2)
Approval or denial of a development permit by the floodplain administrator
shall be based on all of the provisions of this article and the following
relevant factors:
(A)
The danger to life and property due to flooding or erosion damage;
(B)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(C)
The danger that materials may be swept onto other lands to the injury
of others;
(D)
The compatibility of the proposed use with existing and anticipated
development;
(E)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(F)
The costs of providing governmental services during and after flood
conditions, including maintenance and repair of streets and bridges,
and public utilities and facilities such as sewer, gas, electrical
and water systems;
(G)
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;
(H)
The necessity to the facility of a waterfront location, where applicable;
(I)
The availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use;
(J)
The relationship of the proposed use to the comprehensive plan for
that area.
(d)
Variance procedures.
(1)
The city council shall hear and render judgment on requests for variances
from the requirements of this article.
(2)
The city council shall hear and render judgment on an appeal only
when it is alleged there is an error in any requirement, decision,
or determination made by the floodplain administrator in the enforcement
or administration of this article.
(3)
Any person or persons aggrieved by the decision of the city council
may appeal such decision in the courts of competent jurisdiction.
(4)
The floodplain administrator shall maintain a record of all actions
involving an appeal and shall report variances to the Federal Emergency
Management Agency upon request.
(5)
Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of Historic
Places or the state inventory of historic places, without regard to
the procedures set forth in the remainder of this article.
(6)
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 the relevant factors in subsection (c)(2) of this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
(7)
Upon consideration of the factors noted above and the intent of this article, the city council may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this article (section 3.06.001(c)).
(8)
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(9)
Prerequisites for granting variances:
(A)
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
(B)
Variances shall only be issued upon:
(i)
Showing a 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, or
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws
or ordinances.
(C)
Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with the lowest
floor elevation below the base flood elevation, and that the cost
of flood insurance will be commensurate with the increased risk resulting
from the reduced lowest floor elevation.
(10)
Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of
a functionally dependent use provided that:
(Ordinance adopted 3/14/88, art.
4, sec. D; Ordinance adopting Code)
(a)
General standards.
In all areas of special flood hazards,
the following provisions are required for all new construction and
substantial improvements:
(1)
All new construction or substantial improvements shall be designed
(or modified) and adequately anchored to prevent flotation, collapse
or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy;
(2)
All new construction or substantial improvements shall be constructed
by methods and practices that minimize flood damage;
(3)
All new construction or substantial improvements shall be constructed
with materials resistant to flood damage;
(4)
All new construction or substantial improvements shall be constructed
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;
(5)
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system;
(6)
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system
and discharge from the systems into floodwaters; and
(7)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
(b)
Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided as set forth in section 3.06.003(b), section 3.06.004(b)(8), or subsection (c)(3) of this section, the following provisions are required:
(1)
Residential construction.
New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection, as proposed in section 3.06.004(c)(1)(A), is satisfied.
(2)
Nonresidential construction.
New construction and substantial
improvements of any commercial, industrial or other nonresidential
structure shall either have the lowest floor (including basement)
elevated to or above the base flood level or, together with attendant
utility and sanitary facilities, be designed so that below the base
flood 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
develop and/or review structural design, specifications, and plans
for the construction, and shall certify that the design and methods
of construction are in accordance with accepted standards of practice
as outlined in this subsection. A record of such certification which
includes the specific elevation (in relation to mean sea level) to
which such structures are floodproofed shall be maintained by the
floodplain administrator.
(3)
Manufactured homes.
(A)
Require that all manufactured homes to be placed within zone A shall
be installed using methods and practices which minimize flood damage.
For the purpose of this requirement, manufactured homes must be elevated
and anchored to resist flotation, collapse, or lateral movement. Methods
of anchoring may include, but are not limited to, use of over-the-top
or frame ties to ground anchors. This requirement is in addition to
applicable state and local anchoring requirements for resisting wind
forces.
(c)
Standards for subdivision proposals.
(1)
All subdivision proposals, including manufactured home parks and subdivisions, shall be consistent with section 3.06.001(b), (c), and (d) of this article.
(2)
All proposals for the development of subdivisions, including manufactured home parks and subdivisions, shall meet the development permit requirements of sections 3.06.003(c) and 3.06.004(c) and the provisions of this section.
(3)
Base flood elevation data shall be generated for subdivision proposals and other proposed development, including manufactured home parks and subdivisions, which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to section 3.06.003(b) or section 3.06.004(b)(8) of this article.
(4)
All subdivision proposals, including manufactured home parks and
subdivisions, shall have adequate drainage provided to reduce exposure
to flood hazards.
(5)
All subdivision proposals, including manufactured home parks and
subdivisions, shall have public utilities and facilities such as sewer,
gas, electrical and water systems located and constructed to minimize
or eliminate flood damage.
(Ordinance adopted 3/14/88, art.
5)
