HomeMy WebLinkAbout219_Defining Flood Prne Areas & Providing ControlsORDINANCE NO. 219
AN ORDINANCE PERTAINING TO THE BUILDING AND ZONING CODES OF THE
CITY OF OWASSO; GOVERNING THE USE AND/OR DEVELOPMENT OF FLOOD
PHONE AREAS WITHIN THE CITY OF OWASSO FOR A PERIOD OF ONE
HUNDRED TWENTY (120) DAYS; DEFINING LAND AREAS REGULATED;
PROHIBITING THE APPROVAL AND/OR ISSUANCE OF ZONING CLEARANCE
PERMITS AND/OR BUILDING PERMITS; PROVIDING STANDARDS FOR THEIR
ADMINISTRATION; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR
VIOLATIONS THEREOF AND DECLARING AN EMERGENCY.
WHEREAS, The City of Owasso, Oklahoma, has experienced
flooding which has caused damage to private and public property
and which has threatened the public peace, health, and safety of
certain citizens of the City of Owasso; and
WHEREAS, preventive measures to curtail the reoccurence of
such flooding have not been taken by either the Private or public
-
sectors of the City of Owasso or other political jurisdictions;
and
WHEREAS, the existing codes and ordinances of the City of
Owasso pertaining to the utlization of real property are not adequate
to insure the public peace, health, and safety for all the citizens
of the City of Owasso, Particularly residents of areas known to be
prone to flood; and
WHEREAS, the City of Owasso has been mandated by the Federal
Insurance Administration (National Flood Insurance Program) to take
necessary action to prevent property damage by flooding through
appropriate development regulations in order to maintain eligibility
for subsidized flood insurance; and
WHEREAS, the City of Owasso considers it necessary to develop
the necessary regulations to minimize the possibility of flood
damage and threat to public peace, health, and safety, and considers
an emergency of significant magnitude to exist justifying the
curtailment of certain development in flood prone areas for a specific
time period to allow the development and adoption of an interim flood
Plain management ordinance, said interim flood plain management
ordinance will serve until such time that a permanent, comprehensive
-flood plain ordinance can be adopted.
NOW, THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA:
Section 1. PURPOSE
This interim ordinance is enacted for the purpose of:
AP Protecting the general health, safety, and welfare of the
City of Owasso from the hazards and dangers of flooding created by
improper and unwise flood plain development;
B, Establishing interim development controls upon parties
situated within defined flood prone areas;
C. Protecting the status quo and avoiding the establishment
of vested rights, or land uses, or structural development, insofar
as reasonably possible, which would prevent or hinder the implementation
of any of the new flood plain development policies; and
D. Defining those areas in the City of Owasso which will be
affected by this Ordinance; and
Page Two
E, Providing time for the City of Owasso to develop and adopt
an interim Flood-Plain Management Ordinance.
Section 2. SCOPE OF CONTROLS
During the period of one hundred twenty (120) days next following
the effective date of this interim Ordinance, and unless otherwise not
specifically exempt from its provisions:
A. No structure or other improvement requiring a building permit
and/or zoning clearance permit issued by the City of Owasso shall be
executed upon any tract of land within the defined flood prone area
unless said structures or improvements are on lands having an elevation
of not 'Less than one (1) foot above the 100 Year flood elevation at that
location unless the first habitable floor of said structure be a
minimum of one (1) foot above the 100 year flood elevation. No structure
lying within the flood prone area shall contain a stemwall construction
in excess of 2,500 square feet per acre. If a greater density is
desired the architectural design shall conform to this subsection and
shall be such that there is a free flow of water beneath such structure
or improvements;
B. No land filling shall be accomplished on any property within
the defined flood prone area without prior written authorization of
the City Council,
C. For the purpose of this interim ordinance the term 100 year
flood shall mean the elevation of the flood waters resulting from a
100 year frequency storm with 100 percent upstream urbanization or
development,
Section 3. FLOOD PRONE AREAS DEFINED
Ao The provisions of this interim Ordinance shall apply to and
govern the placement of structure and improvements, the issuance of
building permits and zoning clearance permits, and the filling of land
with the flood prone areas of the City of Owasso. For the purpose of
this interim Ordinance the flood prone area is defined as that area
designed as "Zone A" of the Federal Insurance Administration maps
dated the 9th day of . August 9 19 77. Copies for public
review shall be available in the office of the Building Inspector of
the City of Owasso,
B9 It shall be the responsibility of the City Council, through
the office of the Building Inspector and/or Zoning Officer, to determine,
on request for a building permit, zoning clearance permit, or land filling,
if a particular tract of land is in part of in whole within the "Zone A"
of the Federal Insurance Administration maps.
Section 4. ADMINISTRATION
A request for Special Exception Approval authorizing the processing
and issuance of zoning clearance permits and/or building permits, or land
filling on land situated within the boundary of the defined flood prone
area shall be filed in the office of the Building Inspector and/or Zoning
Officer. Sufficient information necessary and appropriate to support the
provisions of this interim Ordinance in making a determination of permit
issuance shall be filed with said request. The City Council may grant
Special Exception Approval as follows-
Page Three
A. Zoning Clearance Permits And/Or Building Permits: Upon a
finding that existing physical facts reasonably preclude the accomplish-
ment of the purposes of this interim Ordinance and where approval of such
zoning clearance permit and/or building permit request will not adversely
affect the health, safety, and welfare of the public by aggravating
existing flood dangers or otherwise create any consequential hazard to the
public® The burden of proof shall lie with the party or parties reques-
ting the Perm-it or permits. The City Council may require any information
of the requesting party or parties which it considers necessary and
appropriate to support the provisions of this interim Ordinance in making
said determination of permit issuance.
B. Landfilling,: Upon finding that existing physical facts reason-
ably preclude the accomplishment of the purposes of this interim
Ordinance and where approval of such landfilling will not adversely
affect the health, safety, and welfare of the public by aggravating
existing flood dangers or otherwise create any consequential hazard
to the public. The burden of proof shall lie with the party or parties
requesting to accomplish a landfill. The City Council may require any
information of the requesting party or parties which it considers
necessary and appropriate to support the provisions of this interim
Ordinance in making said determination,
Section 5. EXEMPTIONS
Provisions of this interim Ordinance shall not be applicable to:
A. Any building permit, zoning special exception approval, zoning
variance approval, site plan approval, license, permit, or other approval
granted prior to the initiation of the interim development controls
hereby enacted; however, nothing herein contained shall limit the
City's right to revoke any building permit, certificate of occupancy,
license or other approval previously issued when such revocation is in
the best interest of the health, safety and welfare of the community,
B. Home gardening;
C. Emergency repairs of a temporary nature made on public or
private property which are necessary for the preservation of life,
health or property, and which are made under such circumstances where
it would, be impossible to obtain prior Special Exception Approval;
provided, however, such repairs shall not be considered as being
exempt from the provisions of this interim Ordinance and they shall
be conclusively deemed temporary and non-permanent unless subsequently
authorized by an appropriate special exception approval,
Section 6. CONFLICTING ORDINANCES SUSPENDED
This Ordinance is interim in nature and, unless otherwise specified
herein, its adoption shall not operate to repeal any other ordinances
or parts of ordinances; in case of conflicts herewith, this Ordinance
shall be controlling for the effective duration of this interim
Ordinance.
Section 7. ENFORCEMENT AND PENALTIES
Am Suspension or Revocation of Special Exception Approval. Any
Special Exception Approval may be revoked or suspended by the Owasso City
Council after a public hearing; ten calendar days advance, written notice
shall be given to the special exception grantee specifying the grounds
for such contemplated revocation or suspension and advising the grantee
of the date, place and time of the hearing before the Owasso City Council.
A Special Exception Approval may be revoked or suspended upon the
occurrence of any one of the following events:
Page Four
14 Violation of any condition of the approval; or
2. Violation of any provision of this interim Ordinance,
or any other applicable law, Ordinance, rule or
regulation pertaining to the work authorized by the
Special Exception Permit Approval; or
3. Existence of any condition or the doing of any act
constituting or creating a nuisance, hazard, or
Z�
endangering human life or the property of others®
B. Penalty: Any person, firm, corporation, or other
legal entity violating the requirements of this interim Ordinance
shall be guilty of a misdemeanor and, upon conviction, shall be
fined not more than Thirty-Five Dollars ($35.00) for each and
every violation, and each day's violation thereof shall constitute
a separate offense.
C. Fine Not Exclusive Remedies: In addition to any fine, the
City may institute appropriate actions or proceedings at law or equity
for the enforcement of the provisions of this Ordinance, or to correct
the violations thereof; and, if applicable and appropriate, the City
may institute appropriate actions or proceedings at law or equity against
any surety company, escrow holder, or any third party who has affirmatively
acted as surety or guarantor for the grantee's performance as authorized
by the special exception approval.
Section 8. SEVERABILITY OF ORDINANCE
if any section, subsection, paragraph, sentence, clause or phrase
of this interim Ordinance shall be declared invalid for any reason
whatsoever, such decision shall not affect the remaining portions of
this interim Ordinance and they shall remain in full force and affect;
to this end, the provisions of this interim Ordinance are hereby
declared to be severable,
Section 9. EMERGENCY DECLARED
An emergency is hereby declared to exist for the preservation of
the public peace, health and safety, by reason whereof this Ordinance
shall take affect immediately from and after its passage, approval and
publication.
PASSED 4 and the em,rgency clause ruled upon separately and approved,
this _12AFF"—dav of 1977
Q
BILL WILLIAMS, Mayor
ATTEST:
1V
CITY CLERK
Affidavit Of I AicatiOn.
STATE OF OKLAHOMA, TULSA COUNTY, ss:
Bill R. Retherford, of lawful age, being duly sworn
and authorized, says that he is publisher of the
Owasso Re-oorter rt . ..............................; a
.
weekly newspaper printed in the City of
Tulsa County,
ul sa
Oklahoma, a newspaper qualified to publish legal
notices, advertisements and publications as provided in
Section 106 of Title 25, Oklahoma Statutes 1971 as
amended, and complies with all other requirements of
the laws of Oklahoma with reference to legal public-
ations.
That said notice, a true copy of which is attached
hereto, was published in the regular edition of said news-
paper during the period and time of publication and not
n a supplement, on the following dates:
OtCIt. 2 ..., 197. ....
28
Subscribed and sworn to before me this .......... day
Oct 197.......
of...........I . . . . . . .
:...��..GC.i ............
Notary Public
Poly commission expires: 5 ...26- .7
.......................
118.40
PIUBLISHER'S FEE $........ .
'ublished in the Owasso Reporter Owasso, Tulsa County,
skla,, Thurs., Oct. ;27, 1977.
ORDINANCE NO. 219
JLL ORDINANCE PERTAINING TO THE BUILDING AND
TONING CODES OF THE CITY OF OWASSO: GOVERNING
'HE USE AND -OR DEVELOPMENT OF FLOOD PRONE
AREAS WITHIN THE CITY OF OWASSO FOR A PERIOD
DF ONE HUNDRED TWENTY (120) DAYS; DEFINING
.AND AREAS REGULATED: PROHIBITING THE AP
PERMITS;
ATlMTNITs'.
MERGENCY.
WHEREAS,- The Citv of Owasso, Oklahoma, has ex-
health,jand safety of certain citizens of the City of Owasso;.
niKCruuL X.,
123 E. Broadway
Service
272 -5383 :' 272 -5218
C. Emergency repairs of a temporary nature made on
public or private property which are necessary for the
preservation of life, health or property, and which are made
under such circumstances where e it 'would be impossible to
obtain prior Special Exception Approval; provided, however,
such repairs shall not be considered as being exempt from
the provisions of this interim Ordinance and they shall be
conclusively deemed temporary and non- permanent unless
subsequently authorized by an appropriate special exception
approval.
Section 6. CONFLICTING ORDINANCES SUSPENDED
This Ordinance is interim in nature and, unless otherwise
specified herein, its adoption shall not operate to repeal any
other ordinances or parts of ordinances; in case of conflicts
herewith, this Ordinance shall be controlling for the effective
duration of this interim Ordinance.
Section 7. ENFORCEMENT AND PENALTIES
A. Suspension' or Revocation of Special Exception Ap-
proval. Any Special Exception Approval may be revoked
or suspended by the Owasso City Council after a public
hearing ten calendar days advance, written notice shall be
given to the special exception grantee specifying the grounds
for such contemplated revocation or suspension and advising
the grantee of the date, place and time of the hearing before
the Owasso City Council. A Special Exception Approval may
be.revoked or suspended upon the occurrence of any one of
the following events:
is Violation of any condition of the approval; or
2. Violation of any provision of this interim Ordinance, or any
other,` applicable law, Ordinance, rule or regulation
pertaining to the work authorized by the Special Ex-
ception Permit Approval; or
3 Existence of any condition or the doing of any act con-
stituting or creating a nuisance, hazard, or endangering
human life or the property of others.
B. Penalty: Any person, firm; corporation, or other legal;
entity violating the requirements of this interim Ordinance
shall be guilty of a misdemeanor and, upon conviction, shall
be fined not more than Thirty -five Dollars (35.00) for each
and every violation, and each day's violation thereof shall
constitute a separate offense.
C. Fine Not Exclusive Remedies: In addition to any fine,
the City may institute appropriate actions or proceedings at
law or equity for the enforcement of the provisions of this
Ordinance, or to correct the violations thereof'; and, if ap-
plicable and appropriate; the City may institute appropriate
actions or proceedings at law or equity; against any surety
company, escrow holder, -or any third party who has of --
firmatively acted as surety or guarantor for the grantee's
performance as authorized by the special exception ap-
proval.
Section 8, SEVERARILITY OF ORDINANCE
If any section, subsection, paragraph, sentence, clause or
phrase of this interim Ordinance shall be declared invalid for
any reason whatsoever, such decision shall not affect- the
remaining portions of this interim Ordinance and they shall
remain in full force and affect; to this end, the provisions of
this interim Ordinance are hereby declared to be severable.
Section 9. EMERGENCY DECLARED
An emergency is hereby declared to exist for -the preser-
vation of the public peace, health and safety, by reason.
whereof this Ordinance shall take affect immediately, from
and after its passage, approval and publication.
PASSED, and the emergency clause ruled upon separately
and approved, this 18th clay of October_ 1977.
Rill Williams, Mayor
ATTEST: I
Patricia K. Christensen
CITY CLERK
APPROVED:
C. F. DeLaFleur
City Attorney ¢