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HomeMy WebLinkAbout304_Amend Ch 9_Relating to Flood Prone Areas_Amend Ord. 175 & 233book 4550 page 2301 972316 STATE OF OKLAHOMA TULSA COUNTY FILED OR RECORDED 1981 JUN 15 PM 1:42 ANITA NESBITT COUNTY CLERK CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 304 AN ORDINANCE PERTAINING TO THE BUILDING AND ZONING CODES OF THE CITY OF OWASSO, OKLAHOMA: GOVERNING THE USE AND /OR DEVELOPMENT OF AREAS OF SPECIAL FLOOD HAZARD WITHIN THE CITY OF OWASSO: DEFINING LAND AREAS REGULATED; PROVIDING FOR THE APPROVAL AND OR ISSUANCE OF ZONING CLEARANCE PERMITS AND /OR BUILDING PERMITS; PROVIDING STANDARDS FOR THEIR ADMINISTRATION; SERVING AS AN AMENDMENT AND ADDENDUM TO ORDINANCES 175 AND 233 CHAPTER 9; 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, interim preventive measures to curtail the reoccurrence of such flooding taken by the City of Owasso have expired; and WHEREAS, the existing codes and ordinances of the City of Owasso per- taining to the utilization 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 Emergency Management Agency (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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: Section 1. PURPOSE This Ordinance is enacted for the purpose of: A. 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. Minimizing damage to public facilities and utilities-, C. Establishing development controls upon parties situated within defined areas of special flood hazard; D. Promoting and maintaining a stable tax base by providing for the sound use and development of areas of special flood hazard in such a manner as to minimize future flood blight areas: and E. Defining those areas in the City of Owasso which will this Ordinance; and, be affected by F. Insuring that potential buyers of property are notified is in a flood area. Section 2. DEFINITIONS Area of Special Flood Hazard -- is the land in the flood plain within a community subject to a one percent or greater change of flooding in any given year. Base Flood -- means the flood having a one percent change of being equaled or exceeded in any given year. BOOK 4550 PAGE 2302 Development -- means any man -made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. Flood or Flooding -- means a general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation or runoff of surface waters from any source. Flood Boundary and Floodway Map (FBFM) -- means an official map of a community, issued by the Federal Emergency Management Agency, where the areas within the boundaries of special flood hazards have been designated. Habitable Floor -- means any floor useable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used for storage purposes only is not a "habitable floor." Mean Sea Level -- means the average height of the sea for all states of the tide. Mobile Home - means a structure, transportable in one or more section, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. Structure - means a walled and roofed building that is principally above ground, as well as a mobile home. Section 3. SCOPE OF CONTROLS This ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City of Owasso, Oklahoma. Uses normally permitted in applicable zoning districts shall be permitted providing the following provisions have been met: A. All new construction and substantial improvements (including the place- ment of prefabricated buildings and mobile homes) shall -- 1) be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure,, 2) be constructed with materials and utility equipment resistant to flood damage, and 3) be constructed by methods and practices that minimize flood damage; B. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems; C. All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; D. All new and replacement on -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; E. All new construction and substantial improvements of residential structures shall have the lowest floor elevated to or above the base flood level calculated on the basis of one hundred (100) percent upstream urbanization or development. F. All new construction and substantial improvements of non - residential structures shall have the lowest floor floodproofed or elevated to or above the base flood level calculated on the basis of one hundred (100) percent upstream urbanization or development. G. Any altered or relocated water course shall maintain its original flood carrying capacity; and H. No man -made change to improved or unimproved property, including filling, grading, paving, or excavating shall be commenced until a Building Permit and /or Zoning Clearance Permit has been obtained for each change; BOOK 4550 PAGE 2303 I. All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by providing over - the -top and ground ties to anchors. Specific requirements shall be: 1) over- the -top ties at each of the four corners of the mobile home, with two additional ties per side at intermediate loca- tions and mobile homes less than 50 feet long requiring one additional tie per side; 2) frame ties at each corner of the home with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side; 3) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and 4) any additions to the mobile home be similarly anchored. 5) for new mobile home parks and subdivisions, for expansions to existing mobile home parks and subdivisions; for existing mobile home parks and subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced, require: (i) stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level. A registered professional engineer, architect or land surveyor shall submit a certi- fication to the Building Inspector and /or Zoning Officer that the standard of this paragraph complies with Section 3 of this ordinance; (ii)adequate surface drainage and access for a hauler are provided; and (iii)in the instance of elevation on pilings: (1) lots are large enough to permit steps, (2) piling foundations are placed in stable soil no more than ten feet apart, and (3) reinforce- ment is provided for pilings more than six feet above the ground level. Section 4. AREAS OF SPECIAL FLOOD HAZARD DEFINED A. The provisions of this ordinance shall apply to and govern the place- ment of structures and improvements and man -made changes of land, and the issuance of Building Permits and /or Zoning Clearance Permits for property within the areas of special flood hazard in the City of Owasso. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for the City of Owasso, Oklahoma, Tulsa County" dated January 2, 1981, with accompanying Flood Insurance Pate Maps and Flood Hazard Boundary - Floodway Maps, and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. Copies for public review shall be available in the office of the City Clerk of the City of Owasso. B. 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 and /or Zoning Clearance Permit, if a particular tract of land is in part or in whole within the areas of special flood hazard as shown on the Flood Hazard Boundary and Floodway Maps. Section 5. ADMINISTRATION A. Building Permits and /or Zoning Clearance Permits; A request for the processing and issuance of a Building Permit and /or Zoning Clearance Permit pertaining to property situated within the boundary of the defined areas of special flood hazard shall be accompanied by such plans as may be necessary, including, at the discretion of the Building Inspector and /or Zoning Officer, plans in duplicate; drawn to scale in black line or blueprint, showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part; BOOK4550 PAGE2304 D. Standards for Areas of Shallow Flooding Located within the areas of special flood hazard established in Section 4 are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: 1) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the Flood Boundary and Floodway Map. 2) All new construction and substantial improvements on non - residential structures shall: (i) Have the lowest floor, including basement, elevated above the crown of the nearest street or above the depth number specified on the Flood Boundary and Floodway Map; or (ii) Together with attendant utility and sanitary facilities be completely floodproofed to or above that level so that any space below that level 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 bouyancy. 3) A registered professional engineer or architect shall submit a certification to the Building Inspector and /or Zoning Officer that the standards of this Section are satisfied. Section 6. VARIANCE PROCEDURES The Board of Adjustment as established by the City of Owasso shall hear and render judgment on requests for variances from the requirements of this ordinance in accordance with the provisions of Chapter 14 of the Zoning Code of the City of Owasso. Section 7. EXEMPTIONS Provisions of this Ordinance shall not be applicable to: A. Any building permit, zoning clearance permit, zoning special exception approval, zoning variance approval, site plan approval, license, permit, or other approval granted prior to the initiation of the 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. Agricultural activities, except for new construction of structures or substantial improvements to structures. C. Home gardening. D. 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 Building Permit and /or Zoning Clearance Permit; provided, however, such repairs shall not be considered as being exempt from the provisions of this Ordinance and they shall be conclusively deemed temporary and non - permanent unless subsequently authorized by an appropriate Building Permit and /or Zoning Clearance Permit approval. Section 8. ENFORCEMENT AND PENALTIES A. Suspension or Revocation of Building Permint and /or Zoning Clearance Permit: Any Building Permit and /or Zoning Clearance Permit 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 permit grantee BOOK 4550 PAGE 2305 the exact location, size and height of any building or structure to be erected or altered; the existing and intended use of each building or structure or part thereof; the number of families, dwellings, or housekeeping units the building is designed to accommodate; and when no buildings are involved, the location of the present use and proposed use to be made to the lot; and when the property lies within the areas of special flood hazard, the elevation (in relation to mean sea level) of the lowest habitable floor of all new or substantially improved structures'; and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of these regulations. One copy of any such plan or plans shall be returned to the owner when such plans have been approved by the Building Inspector and /or Zoning Officer, together with such Building Permit and /or Zoning Clearance.Permit as may be granted. All dimensions shown on these plans relating to the location of the buildings thereon shall be staked out on the ground before construction is started. Whenever a lot is not provided and is not proposed to be provided with public water supply and /or the disposal of sanitary wastes by means of public sewers, the application for Building Permit and /or Zoning Clearance Permit shall be accompanied by a certificate of approval by the County Health Officer of the proposed method of water supply and /or disposal of sanitary wastes. B. Building Inspector and /or Zoning Officer Action: The Building Inspector and /or Zoning Officer shall act upon all such applications on which it is authorized to act under these regulations within 30 days, after these are filed in compliance with the provisions hereof. He shall either issue a Building Permit and /or Zoning Clearance Permit within said 30 day period or he shall notify the applicant, in writing, of his refusal of such a permit and set forth the reason therefore. Failure to notify the applicant in case of such refusal within 30 days shall entitle the applicant to the Building Permit and /or Zoning Clearance Permit, unless the applicant consents to an extension of time. Under such rules as may be adopted by the Board of Adjustment, the Building Inspector and /or Zoning Officer may issue a temporary Building Permit and /or Zoning Clearance Permit. He shall also review all permits to determine whether proposed building sites will be reasonably safe from flooding; shall main- tain a record of all lowest habitable floor elevations submitted to him; shall, in the absence of other Federal Emergency Management Agency base flood elevation data, consider other available data as basis for deter- mining lowest permitted floors; and shall notify adjacent communities of all proposed water course alterations; and shall require that all other State and Federal permits are obtained; and shall review all applications and determine their conformance with the Subdivision Regulations of the City of Owasso as applicable. C. Standards for Floodways: Located within areas of special flood hazard established in Section 4 (A) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: a. Encroachments are prohibited, including fill, new construction, substantial improvements and other developments unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. b. If Section 5 (C) (a) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 3. c. Prohibit placement of any mobile homes, except in an existing mobile home park or subdivision. BOOK4550 PAGE2306 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; said permits may be revoked or suspended upon occurrence of any one of the following events: 1) Violation of any condition of the approval; or 2) Violation of any provision of this Ordinance, or any other applicable law, Ordinance, rule or regulation pertaining to the work authorized by Building Permit and /or Zoning Clearance Permit approval; or 3) Existence of any condition or the doing of any act constituting 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 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 offence. 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 pro- ceedings 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 9. SEVERABILITY OF ORDINANCE If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Ordinance and they shall remain in full force and affect; to this end, the provisions of this Ordinance are hereby declared to be severable. Section 10. 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 effect immediately from and after its passage, approval and publication. PASSED, and the emergency clause ruled upon separately and approved this 2nd day of June 1981. Mayor APPROVED City Attorney Affidavit Of Publication 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 REPORTER a weekly newspaper printed in the City of . Tulsa County, 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 thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of whjch is attached hereto, was published in the regulai edition of said newspaper during the period and time of publication and not in a supplement, on the following dates: Notary Public My commission PUBLISHER'S FEE $88.54 LEGAL Poblished in the Owasso Reporter, Tulsa County, Owasso, Oklahoma, Thursday, July 9, 1981. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 304 AN ORDINANCE ACCEPTING, ADDING AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN SECTION 6, TOWNSHIP 21 NORTH, RANGE 14 EAST, PROVIDING THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS OR. DINANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE JURISDICTION, CONTROL, LAWS AND ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, ESTABLISHING THE SAME AS PART OF WARD ONE OF SAID CITY, DIRECTING THE FILING OF THIS ORDINANCE. WHEREAS, pursuant to the provisions of Title 11, Section 21 -101, et seq., of the Oklahoma Municipal Code, the City of Owasso is permitted to annex additional territory with the written consent of the owners of at least a majority of the acres to be annexed; and o WHEREAS, a majority of the owners of the following described property adjacent to, or abutting on, property already within the Corporate Limits of the City of Owasso, Oklahoma, tgrwit: A tract of land lying in the Southeast quarter, Southwest quarter of Section 6, Township 21 North, Range 14 East of the Indian Base and Meridian in Tulsa County, Oklahoma, more particularly described as beginning at a point on the South line of Section 6, Township 21 North, Range 14 East, said point lying 2,705.13 feet West of the Southeast corner of said Section 6; thence North 00009'06" East a distance of .275.00 feet to a point; thence North 891 50' 54" West a distance of 100.00 feet to a point; thence North 00109' 06" East a distance of 130.52 feet to a point; thence North 150 31' 11" East a distance of 596.03 feet to a point on the North-South Quarter Section Line of said Section 6; thence North 000 03' 27" East along the said North-South Quarter Section Line a distance of 315.88 feet to a point; thence South 650 57' 25" West a distance of 526.37 to a point; thence South 15131' 11" West a distance of 56.69 feet to a point; thence North 74128' 49" West a distance of 175.00 feet to a point on the East right -of -way line of the At- chison, Topeka and Santa Fe Railway Company; thence South 150 31' 11" West along said right -of -way line a distance of 1,111.85 feet to a point on the South line of aforesaid Section 6; thence South 891 50' 54" East along said South line of Section 6 a distance of 901.12 feet to the point of beginning, containing 19.282 acres, more or less, designated as West Port, a subdivision in Tulsa County, having petitioned the City of Owasso to annex said proper- ty to the Cfty of Owasso, and, WHEREAS, the City Council of the City of Owasso has determined that the annexation of the property hereinabove described is necessary, reasonable and desirable in the public interest of the residents and citizens of the City of Owasso; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO: SECTION 1. That pursuant to the petition of a majority of the owners of the following described propety lying in Tulsa County, Oklahoma, which territory is adjacent to or abutting property already within the Corporate Limits of the City of Owasso, to-wit: A tract of land lying in the Southeast Quarter, Southwest Quarter of Section 6, Township 21 North, Range 14 East of the Indian Base and Meridian in Tulsa County, Oklahoma, more particularly described as beginning at a point on the South line of Section 6, Township 21 North, Range 14 East, said point lying 2,705.13 feet West of the Southeast corner of said Section 6; thence North 00109'06" East a distance of 275.00 feet to a point; thence North 890 50' 54" West a distance of 100.00 feet to a point; thence North 000 09' 06" East a distance of 130.52 feet to a point; thence North 150 31' 11" East a distance of 596.03 feet to a point on the North -South Quarter Section Line of said Section 6; thence North 000 03' 27" East along the said North-South Quarter Section Line a distance of 315.88 feet to a point; thence South 650 57' 25" West a distance of 526.37 to a point; thence South 150 31' 11" West a distance of 56.69 feet to a point; thence North 740 28' 49" West a distance of 175.00 feet to a point on the East right -of -way line of the At- chison, Topeka and Santa Fe Railway Company; thence South 180 31' 11" West along said right -of -way line a distance of 1,111.85 feet to a point on the South line of aforesaid Section 6; thence South 890 50' 54" East along said South line of Section 6 a distance of 901.12 feet to the point of beginning, containing 19.282 acres, more or less, designated as West Port, a subdivision in Tulsa County, Oklahoma, be, and the same is hereby, annexed to, made a part of, and added to the City of Owasso, Oklahoma, and the Corporate Limits thereof be and are hereby extended to included the above described territory and real estate. SECTION 2. That from and after the passage and publica- tion of this Ordinance, the real estate and territory described in Section I hereof shall be a part of the City of Owasso, Oklahoma, and in Ward One thereof, and all persons residing therein, and all property situated thereon, shall be and are hereby declared to be subject to the jurisdiction, control, laws and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. SECTION 3. That there be filed in the Office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this ordinance. PASSED and APPROVED this 7th day of July, 1981. /s/ ATTEST: Boyd M. Spencer, Mayor /s/ Wauhilleau Webb, City Clerk June 9, 1981 Ms. Diane L. Leatherwood Emergency Management Specialist Insurance and Mitigation Federal Emergency Management Agency Region VI Federal Center Denton, Texas 76201 Dear Ms. Leatherwood: The Owasso City Council, at tis regular meeting June 2, 1981, adopted the recommended amendments to Ordinance No. 233. all of the amendments you fowarded me by letter May 6, 1981, have been incorporated into the new Ordinance. Please advise if the revised Ordinance does not meet all of the requirements to bring the City into full compliance of the flood insurance regilations. Sincerely, CITY OF OWASSO Kenneth H. Thompson City Mnager KHT: meg CC: Harold Springer Oklahoma Water Resources Board Jerry Lasker Indian Nations Council of Governments Harold Charney City Attorney