[Ord. No. 10-06 §1, 8-2-2010; Ord. No. 10-13 §1, 11-4-2010; Ord. No. 22-02, 6-6-2022]
A.
Statutory Authorization. The Legislature of the State of Missouri
has in Section 79.110, RSMo., delegated the responsibility to local
governmental units to adopt floodplain management regulations designed
to protect the health, safety, and general welfare of the public.
B.
Findings Of Fact.
1.
Flood Losses Resulting From Periodic Inundation. The special
flood hazard areas of the City of Tipton, Missouri, 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 development in any delineated floodplain
causing increases in flood heights and velocities; and 2) the occupancy
of flood hazard areas by uses vulnerable to floods, hazardous to others,
inadequately elevated, or otherwise unprotected from flood damages.
C.
Statement Of Purpose. It is the purpose of this Chapter to promote the public health, safety, and general welfare to the public; to minimize those losses described in Subsection B(1); to establish or maintain the community's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 CFR 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(b) by applying the provisions of this Chapter to:
1.
Restrict or prohibit uses that are dangerous to health, safety,
or property in times of flooding or cause undue increases in flood
heights or velocities;
2.
Require uses vulnerable to floods, including public facilities
that serve such uses, be provided with flood protection at the time
of initial construction; and
3.
Protect individuals from buying lands that are unsuited for
the intended development purposes due to the flood hazard.
[Ord. No. 10-06 §2, 8-2-2010; Ord. No. 10-13 §2, 11-4-2010; Ord. No. 22-02, 6-6-2022]
A.
Lands To Which Chapter Applies. This Chapter shall apply to all lands within the jurisdiction of the City of Tipton, Missouri, identified as unnumbered A Zones, on the Flood Insurance Rate Map (FIRM) panel numbers 29135C0120C dated March 3, 2011, as amended, and any future revisions thereto. In all areas covered by this Chapter, no development shall be permitted except through the issuance of a floodplain development permit, granted by the Board of Alderman or its duly designated representative under such safeguards and restrictions as the Board of Alderman or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community, and as specifically noted in Section 410.040.
B.
Compliance. No development located within the special flood hazard
areas of this community shall be located, extended, converted, or
structurally altered without full compliance with the terms of this
Chapter and other applicable regulations.
C.
Abrogation And Greater Restrictions. It is not intended by this Chapter
to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this Chapter imposes greater
restrictions, the provisions of this Chapter shall prevail. All other
ordinances inconsistent with this Chapter are hereby repealed to the
extent of the inconsistency only.
D.
Interpretation. In their interpretation and application, the provisions
of this Chapter shall be held to be minimum requirements, 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 Missouri
Statutes.
E.
Warning And Disclaimer Of Liability. 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 heights 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
the floodway and flood fringe or land uses permitted within such areas
will be free from flooding or flood damage. This Chapter shall not
create a liability on the part of the City of Tipton, any officer
or employee thereof, for any flood damages that may result from reliance
on this Chapter or any administrative decision lawfully made thereunder.
F.
Severability. If any Section, clause, provision, or portion of this
Chapter is adjudged unconstitutional or invalid by a court of appropriate
jurisdiction, the remainder of this Chapter shall not be affected
thereby.
[Ord. No. 10-06 §3, 8-2-2010; Ord. No. 10-13 §3, 11-4-2010; Ord. No. 22-02, 6-6-2022]
A.
Floodplain Development Permit. A floodplain development permit shall be required for all proposed construction or other development, including the placement of manufactured homes, in the areas described in Section 410.020(A). No person, firm, corporation, or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate floodplain development permit for each structure or other development.
B.
Designation Of Floodplain Administrator. The City Clerk is hereby
appointed to administer and implement the provisions of this Chapter.
C.
Duties And Responsibilities Of Floodplain Administrator. Duties of
the Floodplain Administrator shall include, but not be limited to:
1.
Review of all applications for floodplain development permits
to assure that sites are reasonably safe from flooding and that the
floodplain development permit requirements of this Chapter have been
satisfied;
2.
Review of all applications for floodplain development permits
for proposed development to assure that all necessary permits have
been obtained from Federal, State, or local governmental agencies
from which prior approval is required by Federal, State, or local
law;
3.
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;
4.
Issue floodplain development permits for all approved applications;
5.
Notify adjacent communities and the Missouri State Emergency
Management Agency (MoSEMA) prior to any alteration or relocation of
a watercourse, and submit evidence of such notification to the Federal
Emergency Management Agency (FEMA);
6.
Assure that the flood-carrying capacity is not diminished and
shall be maintained within the altered or relocated portion of any
watercourse;
7.
Where base flood elevation from other sources is utilized within
unnumbered A Zones:
a.
Verify and maintain a record of the actual elevation (in relation
to mean sea level) of the lowest floor (including basement) of all
new or substantially improved structures;
b.
Verify and maintain a record of the actual elevation (in relation
to mean sea level) that the new or substantially improved non-residential
structures have been flood proofed;
c.
When floodproofing techniques are utilized for a particular
non-residential structure, the Floodplain Administrator shall require
certification from a Missouri registered professional engineer or
architect.
D.
Application For Floodplain Development Permit. To obtain a floodplain
development permit, the applicant shall first file an application,
in writing, on a form furnished for that purpose. Every floodplain
development permit application shall:
1.
Describe the land on which the proposed work is to be done by
lot, block and tract, house and street address, or similar description
that will readily identify and specifically locate the proposed structure
or work;
2.
Identify and describe the work to be covered by the floodplain
development permit;
3.
Indicate the use or occupancy for which the proposed work is
intended;
4.
Indicate the fair market value of the structure and the fair
market value of the improvement;
5.
Identify the existing base flood elevation and the elevation
of the proposed development;
6.
Give such other information as reasonably may be required by
the Floodplain Administrator;
7.
Be accompanied by plans and specifications for proposed construction;
and
8.
Be signed by the permittee or his authorized agent who may be
required to submit evidence to indicate such authority.
[Ord. No. 10-06 §4, 8-2-2010; Ord. No. 10-13 §4, 11-4-2010; Ord. No. 22-02, 6-6-2022]
A.
General Standards.
1.
No permit for floodplain development shall be granted for new
construction, substantial improvements, and other improvements, including
the placement of manufactured homes, within any numbered and unnumbered
A Zones and AE Zones, unless the conditions of this Section are satisfied.
2.
All areas identified as unnumbered A Zones on the FIRM are subject
to inundation of the one percent (1%) annual chance (aka 100-year)
flood; however, the base flood elevation is not provided. Development
within unnumbered A Zones is subject to all provisions of this Chapter.
If Flood Insurance Study data is not available, the community shall
obtain, review, and reasonably utilize any base flood elevation or
floodway data currently available from Federal, State, or other sources.
3.
All new construction, subdivision proposals, substantial improvements,
prefabricated structures, placement of manufactured homes, and other
developments shall require:
a.
Design or adequate anchorage to prevent flotation, collapse,
or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy;
b.
Construction with materials resistant to flood damage;
c.
Utilization of methods and practices that minimize flood damages;
d.
All electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities be designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding;
e.
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; and
f.
Subdivision proposals and other proposed new development, including
manufactured home parks or subdivisions, located within special flood
hazard areas are required to assure that:
(1)
All such proposals are consistent with the need
to minimize flood damage;
(2)
All public utilities and facilities, such as sewer,
gas, electrical, and water systems are located and constructed to
minimize or eliminate flood damage;
(3)
Adequate drainage is provided so as to reduce exposure
to flood hazards; and
(4)
All proposals for development, including proposals
for manufactured home parks and subdivisions, greater than fifty (50)
lots or five (5) acres, whichever is lesser, include within such proposals
base flood elevation data.
4.
Storage, Material, And Equipment.
a.
The storage or processing of materials within the special flood
hazard area 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, if firmly anchored to prevent flotation,
or if readily removable from the area within the time available after
a flood warning.
5.
Agricultural Structures. Structures used solely for agricultural
purposes in connection with the production, harvesting, storage, drying,
or raising of agricultural commodities, including the raising of livestock,
may be constructed at grade and wet floodproofed provided there is
no human habitation or occupancy of the structure; the structure is
of single-wall design; there is no permanent retail, wholesale, or
manufacturing use included in the structure; the structure meets the
following floodplain management requirements; and a floodplain development
permit has been issued.
6.
Accessory Structures. Structures used solely for parking and
limited storage purposes, not attached to any other structure on the
site, of limited investment value, and not larger than four hundred
(400) square feet, may be constructed at grade and wet floodproofed,
provided there is no human habitation or occupancy of the structure;
the structure is of single-wall design; the accessory structure meets
the following floodplain management requirements; and a floodplain
development permit has been issued. Wet floodproofing is only allowed
for small low-cost structures.
B.
Specific Standards.
1.
In all areas identified as numbered and unnumbered A Zones and AE Zones, where base flood elevation data have been provided, as set forth in Section 410.040(A)(2), the following provisions are required:
a.
Residential Construction. New construction or substantial improvement
of any residential structures, including manufactured homes, shall
have the lowest floor, including basement, elevated to one (1) foot
above base flood elevation. The elevation of the lowest floor shall
be certified by a Missouri licensed land surveyor, engineer, or architect.
b.
Non-Residential Construction. New construction or substantial improvement of any commercial, industrial, or other non-residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated to one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood elevation 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 Missouri registered professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in Section 410.030(C)(7)(a), (b) and (c).
c.
Enclosures Below Lowest Floor. Require, for all new construction
and substantial improvements that fully enclosed areas below lowest
floor used solely for parking of vehicles, building access, or storage
in an area other than a basement and that 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
Missouri registered professional engineer or architect or meet or
exceed the following minimum criteria:
(1)
A minimum of two (2) openings having a total net
area of not less than one (1) square inch for every square foot of
enclosed area subject to flooding shall be provided; and
(2)
The bottom of all openings shall be no higher than
one (1) 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.
2.
In all areas of special flood hazard, once floodway data is obtained, as set forth in Section 410.040(A)(2), the following provisions are required:
a.
The designated floodway shall be based on the standard that
the area chosen for the floodway must be designed to carry the waters
of the base flood, without increasing the water surface elevation
more than one (1) foot at any point; and
b.
The community shall prohibit any encroachments, including fill,
new construction, substantial improvements, and other development
within the designated regulatory floodway unless it has been demonstrated
through hydrologic and hydraulic analyses performed in accordance
with standard engineering practice that the proposed encroachment
would not result in any increase in flood levels within the community
during the occurrence of the base flood discharge.
C.
Manufactured Homes.
1.
All manufactured homes to be placed within all numbered and
unnumbered A Zones and AE Zones, on the community's FIRM shall
be required to be installed using methods and practices that minimize
flood damage. For the purposes 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.
2.
Require manufactured homes that are placed or substantially
improved within numbered and unnumbered A Zones and AE Zones, on the
community's FIRM on sites:
a.
Outside of manufactured home park or subdivision;
b.
In a new manufactured home park or subdivision;
c.
In an expansion to and existing manufactured home park or subdivision;
or
d.
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 elevated to one (1) foot above the
base flood elevation and be securely attached to an adequately anchored
foundation system to resist flotation, collapse, and lateral movement.
The elevation of the lowest floor shall be certified by a Missouri
licensed land surveyor, engineer, or architect.
3.
Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within all numbered and unnumbered A Zones and AE Zones, on the community's FIRM, that are not subject to the provisions of Section 410.040(C)(2) of this Chapter, be elevated so that either:
a.
The lowest floor of the manufactured home is at one (1) foot
above the base flood level; or
b.
The manufactured home chassis is supported by reinforced piers
or other foundation elements of at least equivalent strength that
are no less than thirty-six (36) inches in height above grade, plus
one (1) foot of freeboard, and be securely attached to an adequately
anchored foundation system to resist flotation, collapse, and lateral
movement.
D.
Recreational Vehicles.
1.
Require that recreational vehicles placed on sites within all
numbered and unnumbered A Zones and AE Zones on the community's
FIRM either:
a.
Be on the site for fewer than one hundred eighty (180) consecutive
days;
b.
Be fully licensed and ready for highway use*; or
c.
Meet the permitting, 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.
[Ord. No. 10-06 §5, 8-2-2010; Ord. No. 10-13 §5, 11-4-2010; Ord. No. 22-02, 6-6-2022]
A.
Establishment Of Appeal Board. The Board of Alderman as established
by the City of Tipton shall hear and decide appeals and requests for
variances from the floodplain management requirements of this Chapter.
B.
Responsibility Of Appeal Board. Where an application for a floodplain development permit or request for a variance from the floodplain management regulations is denied by the Floodplain Administrator, the applicant may apply for such floodplain development permit or variance directly to the appeal board, as defined in Section 410.050(A).
The appeal board shall hear and decide appeals when it is alleged
that there is an error in any requirement, decision, or determination
made by the Floodplain Administrator in the enforcement or administration
of this Chapter.
C.
Further Appeals. Any person aggrieved by the decision of the appeal
board or any taxpayer may appeal such decision to Moniteau County
Circuit Court as provided in Section 89.110, RSMo.
D.
Floodplain Management Variance Criteria. In passing upon such applications
for variances, the appeal board shall consider all technical data
and evaluations, all relevant factors, standards specified in other
Sections of this Chapter, and the following criteria:
1.
Danger to life and property due to flood damage;
2.
Danger that materials may be swept onto other lands to the injury
of others;
3.
Susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the individual owner;
4.
Importance of the services provided by the proposed facility
to the community;
5.
Necessity to the facility of a waterfront location, where applicable;
6.
Availability of alternative locations, not subject to flood
damage, for the proposed use;
7.
Compatibility of the proposed use with existing and anticipated
development;
8.
Relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
9.
Safety of access to the property in times of flood for ordinary
and emergency vehicles;
10.
Expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters, if applicable, expected at the site;
and
11.
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; streets;
and bridges.
E.
Conditions For Approving Floodplain Management Variance.
1.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing Subsection (E)(2) through (6) below have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.
2.
Variances may be issued for the repair or rehabilitation of
structures listed on the National Register of Historic Places, the
State Inventory of Historic Places, or local inventory of historic
places upon determination, provided the proposed activity will not
preclude the structure's continued historic designation 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 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: a) a showing of good and
sufficient cause, b) a determination that failure to grant the variance
would result in exceptional hardship to the applicant, and c) 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.
A community shall notify the applicant, in writing, over the
signature of a community official that: a) the issuance of a variance
to construct a structure below base flood level will result in increased
premium rates for flood insurance up to amounts as high as twenty-five
dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage
and b) 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.
7.
A community shall maintain a record of all variance actions,
including justification for their issuance.
8.
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 the criteria of Subsection (E)(1) through (5) of this Section are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
F.
Conditions For Approving Variances For Agricultural Structures. Any
permit granted for an agricultural structure shall be decided individually
based on a case-by-case analysis of the building's unique circumstances.
In order to minimize flood damages during the 100-year flood and the
threat to public health and safety, the following conditions shall
be included for any permit issued for agricultural structures that
are constructed at grade and wet floodproofed:
1.
All proposed agricultural structures shall demonstrate that
no other alternate location outside of the special flood hazard area
exists for the agricultural structure. Residential structures, such
as farm houses, cannot be considered agricultural structures.
2.
Use of the structures must be limited to agricultural purposes
in any special flood hazard area only as identified on the community's
Flood Insurance Rate Map (FIRM).
3.
For any new or substantially damaged agricultural structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, must be built with flood-resistant materials in accordance with Section 410.040(A)(4)(b) of this Chapter.
4.
The agricultural structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structures in accordance with Section 410.040(A)(4)(a) of this Chapter. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.
5.
Any mechanical, electrical, or other utility equipment must
be located One (1) foot above the base flood elevation, or floodproofed
so that they are contained within a watertight, floodproofed enclosure
that is capable of resisting damage during flood conditions in accordance
with Section 410.040(A)(4)(d) of this Chapter. The elevation shall
be certified by a licensed land surveyor or professional engineer.
6.
The agricultural structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the one percent (1%) annual chance flood event, also referred to as the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Section 410.040(B)(1)(c) of this Chapter.
7.
The agricultural structures must comply with the floodplain
management floodway encroachment provisions of Section 410.040(D)(2)
of this Chapter. No permits may be issued for agricultural structures
within any designated floodway, if any increase in flood levels would
result during the one percent (1%) annual chance flood event, also
referred to as the 100-year flood.
8.
Major equipment, machinery, or other contents must be protected
from any flood damage.
9.
No disaster relief assistance under any program administered
by any Federal agency shall be paid for any repair or restoration
costs of the agricultural structures.
10.
Wet floodproofing construction techniques must be reviewed and
approved by the community. The community may request approval by a
registered professional engineer or architect prior to the issuance
of any floodplain development permit for construction. Cost for any
required professional certification to be paid by the developer.
G.
Conditions For Approving Variance Of Accessory Structures. Any permit
granted for an accessory structure shall be decided individually based
on a case-by-case analysis of the building's unique circumstances.
Permits shall meet the following conditions.
In order to minimize flood damages during the one percent (1%)
annual chance flood event, also referred to as the 100-year flood
and the threat to public health and safety, the following conditions
shall be required for any permit issued for accessory structures that
are constructed at grade and wet floodproofed:
1.
Use of the accessory structures must be solely for parking and
limited storage purposes in any special flood hazard area as identified
on the community's Flood Insurance Rate Map (FIRM).
2.
For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, must be built with flood-resistant materials in accordance with Section 410.040(A)(4)(b) of this Chapter.
3.
The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure in accordance with Section 410.040(A)(4)(a) of this Chapter. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.
4.
Any mechanical, electrical, or other utility equipment must
be located above the base flood elevation or floodproofed so that
they are contained within a watertight, floodproofed enclosure that
is capable of resisting damage during flood conditions in accordance
with Section 410.040(A)(4)(d) of this Chapter.
5.
The accessory structures must meet all NFIP opening requirements. The NFIP requires that enclosure or foundation walls, subject to the one percent (1%) annual chance flood event, also referred to as the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Section 410.040(B)(1)(c) of this Chapter.
6.
The accessory structures must comply with the floodplain management
floodway encroachment provisions of Section 410.040(D)(2) of this
Chapter. No permits may be issued for accessory structures within
any designated floodway, if any increase in flood levels would result
during the 100-year flood.
7.
Equipment, machinery, or other contents must be protected from
any flood damage.
8.
No disaster relief assistance under any program administered
by any Federal agency shall be paid for any repair or restoration
costs of the accessory structures.
9.
Wet floodproofing construction techniques must be reviewed and
approved by the community. The community may request approval by a
registered professional engineer or architect prior to the issuance
of any floodplain development permit for construction. Cost for any
required professional certification to be paid by the developer.
[Ord. No. 10-06 §6, 8-2-2010; Ord. No. 10-13 §6, 11-4-2010; Ord. No. 22-02, 6-6-2022]
A.
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 granting of variances) shall
constitute a misdemeanor. Any person, firm, corporation, or other
entity that violates this Chapter or fails to comply with any of its
requirements shall, upon conviction thereof, be fined not more than
five hundred dollars ($500.00), and in addition, shall pay all costs
and expenses involved in the case. Each day such violation continues
shall be considered a separate offense.
B.
A structure or other development without a floodplain development
permit or other evidence of compliance is presumed to be in violation
until such documentation is provided.
C.
The imposition of such fines or penalties for any violation for non-compliance
with this Chapter shall not excuse the violation or noncompliance
or allow it to continue. All such violations or noncompliant actions
shall be remedied within an established and reasonable time.
D.
Nothing herein contained shall prevent the City of Tipton or other
appropriate authority from taking such other lawful action as is necessary
to prevent or remedy any violation.
[Ord. No. 10-06 §7, 8-2-2010; Ord. No. 10-13 §7, 11-4-2010; Ord. No. 22-02, 6-6-2022]
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 of 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 Tipton. At least
twenty (20) days shall elapse between the date of this publication
and the public hearing. A copy of such amendments will be provided
to the Region VII office of the Federal Emergency Management Agency
(FEMA). The regulations of this Chapter are in compliance with the
National Flood Insurance Program (NFIP) regulations.
[Ord. No. 10-06 §8, 8-2-2010; Ord. No. 10-13 §8, 11-4-2010; Ord. No. 22-02, 6-6-2022]
Unless specifically defined below, words or phrases used in
this Chapter shall be interpreted so as to give them the same meaning
they have in common usage and to give this Chapter its most reasonable
application.
See "base flood."
Means the same as "appurtenant structure."
See "risk premium rates."
The Federal Insurance Administrator.
The Federal Emergency Management Agency (FEMA).
Agricultural products and livestock.
Any structure used exclusively in connection with the production,
harvesting, storage, drying, or raising of agricultural commodities.
A request for review of the Floodplain Administrator's
interpretation of any provision of this Chapter or a request for a
variance.
A structure that is on the same parcel of property as the
principle structure to be insured and the use of which is incidental
to the use of the principal structure.
Is the land in the floodplain within a community subject
to a one percent (1%) or greater chance of flooding in any given year.
The flood having a one percent (1%) chance of being equaled
or exceeded in any given year.
The elevation of the surface of the water during a one percent
(1%) annual chance flood event.
Any area of the structure having its floor subgrade (below
ground level) on all sides.
See "structure."
The official of the community who is charged with the authority
to implement and administer laws, ordinances, and regulations for
that community.
Any State or area or political subdivision thereof, which
has authority to adopt and enforce floodplain management regulations
for the areas within its jurisdiction.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, levees,
levee systems, mining, dredging, filling, grading, paving, excavation
or drilling operations, or storage of equipment or materials.
For insurance purposes, a non-basement building which has
its lowest elevated floor raised above ground level by foundation
walls, shear walls, posts, piers, pilings, or columns.
A community for which the Administrator has authorized the
sale of flood insurance under the National Flood Insurance Program
(NFIP).
For the purposes of determining rates, structures for which
the start of construction commenced before the effective date of the
FIRM or before January 1, 1975, for FIRMs effective before that date.
"Existing construction" may also be referred to as "existing structures."
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
An official map of a community on which the Administrator
has delineated both special flood hazard areas and the designated
regulatory floodway.
A determination by the Administrator of the water surface
elevations of the base flood, that is, the flood level that has a
one percent (1%) or greater chance of occurrence in any given year.
An examination, evaluation and determination of flood hazards.
The area outside the floodway encroachment lines, but still
subject to inundation by the regulatory flood.
An official map of a community, issued by the Administrator,
where the boundaries of the flood areas having special flood hazards
have been designated as (unnumbered or numbered) A Zones.
The document adopted by the governing body showing the limits
of: 1) the floodplain; 2) the floodway; 3) streets; 4) stream channel;
and 5) other geographic features.
An official map of a community, on which the Administrator
has delineated both the special flood hazard areas and the risk premium
zones applicable to the community.
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
A general and temporary condition of partial or complete
inundation of normally dry land areas from: 1) the overflow of inland
waters; 2) the unusual and rapid accumulation or runoff of surface
waters from any source; and 3) the collapse or subsidence of land
along the shore of a lake or other body of water as a result of erosion
or undermining caused by waves or currents of water exceeding anticipated
cyclical levels or suddenly caused by an unusually high-water level
in a natural body of water, accompanied by a severe storm, or by an
unanticipated force of nature, such as flash flood, or by some similarly
unusual and unforeseeable event which results in flooding as defined
above in Subsection (1).
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works, and floodplain management
regulations.
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as floodplain
and grading ordinances) and other applications of police power. The
term describes such state or local regulations, in any combination
thereof that provide standards for the purpose of flood damage prevention
and reduction.
Any land area susceptible to being inundated by water from
any source (see "flooding").
Any combination of structural and nonstructural additions,
changes, or adjustments to structures that reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, or structures and their contents.
The lines marking the limits of floodways on Federal, State
and local floodplain maps.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one (1) foot.
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 bridge openings and the hydrological
effect of urbanization of the watershed.
A use that cannot perform its intended purpose unless it
is located or carried out in close proximity to water. This term includes
only docking facilities and facilities that are necessary for the
loading and unloading of cargo or passengers, but does not include
long-term storage or related manufacturing facilities.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is: a) listed individually in the National
Register of Historic Places (a listing maintained by the Department
of 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.
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 floodproofing design requirements of this
Chapter.
A structure, transportable in one (1) or more sections, that
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a "recreational vehicle."
A parcel (or contiguous parcels) of land divided into two
(2) or more manufactured home lots for rent or sale.
The Flood Hazard Boundary Map (FHBM), Flood Insurance Rate
Map (FIRM), or the Flood Boundary and Floodway Map (FBFM) for a community
issued by the Federal Emergency Management Agency (FEMA).
An estimate of what is fair, economic, just and equitable
value under normal local market conditions.
For purposes of the National Flood Insurance Program (NFIP),
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 (FIRM) are referenced.
For the purposes of determining insurance rates, structures
for which the start of construction commenced on or after the effective
date of an initial FIRM or after December 31, 1974, whichever is later,
and includes any subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures for which
the start of construction commenced on or after the effective date
of the floodplain management regulations adopted by a community and
includes any subsequent improvements to such structures.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lot 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 the community.
The National Flood Insurance Program (NFIP).
A special flood hazard area where the Flood Insurance Rate
Map shows the Base Flood Elevation.
See "base flood."
Also known as an "eligible community," means a community
in which the Administrator has authorized the sale of flood insurance.
A signed document from a designated community official authorizing
development in a floodplain, including all necessary supporting documentation
such as: 1) the site plan; 2) an elevation certificate; and 3) any
other necessary or applicable approvals or authorizations from local,
State or Federal authorities.
Includes any individual or group of individuals, corporation,
partnership, association, or any other entity, including Federal,
State, and local governments and agencies.
That at least fifty-one percent (51) of the actual cash value
of the structure, less land value, is above ground.
Base floodwaters will not inundate the land or damage structures
to be removed from the SFHA and that any subsurface waters related
to the base flood will not damage existing or proposed buildings.
A vehicle which is: a) built on a single chassis; b) four
hundred (400) square feet or less when measured at the largest horizontal
projections; c) designed to be self-propelled or permanently towable
by a light-duty truck; and d) designed primarily not for use as a
permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use.
To bring the structure or other development into compliance
with Federal, State, or local floodplain management regulations; or,
if this is not possible, to reduce the impacts of its noncompliance.
Flood-related damages sustained by a structure on two (2)
separate occasions during a ten (10) year period for which the cost
of repairs at the time of each such flood event, equals or exceeds
twenty-five percent (25%) of the market value of the structure before
the damage occurred.
Those rates established by the Administrator pursuant to
individual community studies and investigations which are undertaken
to provide flood insurance in accordance with Section 1307 of the
National Flood Disaster Protection Act of 1973 and the accepted actuarial
principles. "Risk premium rates" include provisions for operating
costs and allowances.
See "area of special flood hazard."
An area having special flood hazards and shown on an FHBM,
FIRM or FBFM as Zones (unnumbered or numbered) A and AE.
Includes substantial improvements, and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition placement, or other
improvements were within one hundred eighty (180) days of the permit
date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slabs
or footings, the installation of piles, the construction of columns,
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, the installation
of streets and/or walkways, excavation for a basement, footings, piers,
foundations, the erection of temporary forms, nor installation on
the property of accessory structures, 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 that alteration affects the external
dimensions of the building.
That agency of the state government, or other office designated
by the governor of the State or by State Statute at the request of
the Administrator to assist in the implementation of the National
Flood Insurance Program (NFIP) in that State.
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home. "Structure" for insurance
purposes, means a walled and roofed building, other than a gas or
liquid storage tank that is principally above ground and affixed to
a permanent site, as well as a manufactured home on a permanent foundation.
For the latter purpose, the term includes a building while in the
course of construction, alteration or repair, but does not include
building materials or supplies intended for use in such construction,
alteration or repair, unless such materials or supplies are within
an enclosed building on the premises.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed fifty percent (50%) of the market value of the structure
before the damage occurred. The term includes repetitive loss buildings
(see definition). For the purposes of this definition, "repair" is
considered to occur when the first repair or reconstruction of any
wall, ceiling, floor, or other structural part of the building commences.
The term does not apply to:
Any project for improvement of a building required to comply
with existing health, sanitary, or safety code specifications which
have been identified by the Code Enforcement Official and which are
solely necessary to assure safe living conditions; or
Any alteration of an historic structure provided that the alteration
will not preclude the structure's continued designation as an
historic structure.
Any combination of reconstruction, alteration, or improvement
to a building, taking place for a ten (10) year period, in which the
cumulative percentage of improvement equals or exceeds fifty percent
(50%) of the current market value of the building. For the purposes
of this definition, an improvement occurs 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 building. This term includes structures, which have incurred
repetitive loss or substantial damage, regardless of the actual repair
work done. The term does not apply to:
Any project for improvement of a building required to comply
with existing health, sanitary, or safety code specifications which
have been identified by the Code Enforcement Official and which are
solely necessary to assure safe living conditions; or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an
historic structure.
Where the repair, reconstruction, rehabilitation or improvement
of the streets, utilities and pads equals or exceeds fifty percent
(50%) of the value of the streets, utilities and pads before the repair,
reconstruction or improvement commenced.
A special flood hazard area shown on either a flood hazard
boundary map or flood insurance rate map where the base flood elevation
is not determined.
A grant of relief by the community from the terms of a floodplain
management regulation. Flood insurance requirements remain in place
for any varied use or structure and cannot be varied by the community.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required by
this Chapter is presumed to be in violation until such time as that
documentation is provided.
The height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929 (or other datum where specified) of floods of
various magnitudes and frequencies in the floodplain.
