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HomeMy WebLinkAbout742_Amending Flood Plain Ord_Substantial DamageTulsa County Clerk - EARLENE WILSON Doc # 03075037 Pgs 1 b/p 7021/2416-2416 Receipt # 657715 05/27/03 Fee 13.00 000657715005 CITY OF OWASSO, OKLAHOMA ORDINANCE NUMBER 742 AN ORDINANCE RELATING TO PART 12 PLANNING, ZONING AND DEVELOPMENT, CHAPTER 4 FLOOD DAMAGE PREVENTION, SECTION 404 DEFINITIONS, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY RE-NUMBERING SUBSECTIONS 25 THROUGH 28, AND ADDING A NEW SUBSECTION 25 DESIGNATED SUBSTANTIAL DAAMAGE, AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, TO-WIT: Section One: That Part 12 — Planning, Zoning and Development, Section 12-404, of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended by adopting the following provisions, same being codified as set forth below, to-wit: (A) A new subsection be added designated as: 25. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (B) That subsections currently numbered 25, 26, 27, & 28 be re-numbered as subsections 26, 27, 28, & 29. Section Two: The provisions of this ordinance shall become effective thirty (30) days from the date of first publication as provided by law. AND APPROVED this 18 St day of March, 2002. Marcia Boutwell, City Clerk APPROVED AS TO FORM: /s/ Steohen P Gray Stephen P. Gray, City Attorney ATTEST: /s/ Marcia Boutwell Marcia Boutwell, City Clerk CITY Ot' OWASSO, OKLAHOMA By: /s/ Michaei He:m Michael Helm, Mayor Affidavit Of Publication OWASSO REPORTER STATE OF OKLAHOMA, TULSA COUNTY, ss: Bill R. Retherford, of lawful age, being duly sworn and authorized, says that he is the publisher of the Owasso Reporter, a weekly newspaper published in the City of Owasso, Tulsa County, Oklahoma, a news- paper qualified to publish legal notices, advertise- ments and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1983 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 which is attached hereto, was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the following dates: 3 Subscribed and sworn to before me this 28th My Commission expires: PUBLISHER'S FEE $ 70.40 AN ORDINANCE RELAT- ING TO PART 12 PLAN- NING, ZONING AND DEVELOPMENT, CHAP- TER 4 FLOOD DAMAGE PREVENTION, SECTION 404 DEFINITIONS, OF THE CODE OF ORDI- NANCES OF THE CITY OF OWASSO, OKLA- HOMA, AMENDING SAME BY RE-NUMBER- ING SUBSECTIONS 25 THROUGH 28, AND ADDING A NEW SUB- SECTION 25 DESIGNAT- ED SUBSTANTIAL DAM- AGE, AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, TO-WIT: Section One: That Part 12- Planning, Zoning and Develop- ment, Section 21-404, of the Code of Ordinances of the City of Owasso, Oklahoma, is here- by amended by adopting the following provisions, same being codified as set forth below, to-wit: (A) A new subsection be added designated as: 25. "Substantial damage" means damage of any origin sustained by a structure whereby the cost ot restoring the structure to its before damaged condition would or exceed 50 percent of the market value of the structure before the damage occurred. (B) That subsections currenlly numbered 25, 26, 27 & 28 be re-numbered as subsections 26, 27, 28, & 29. Section Two~ The provisions of this ordinance shall become effective thirty (30) days from the date of first pUblication as provided by law. PASSED AND APPROVED this 18th day of March, 2002. CITY OF OWASSO, OKLAHOMA ORDINANCE NUMBER 742 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, March 27,2003. MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DHiECTOR SUBJECT: ORDINANCE 742, AN ORDINANCE AMENDING THE FLOODPLAIN ORDINANCE BY ADDING A DEFINITION DATE: March 6, 2003 The Federal Emergency Management Agency (FEMA) recently amended the floodplain maps for two square miles within the City of Tulsa and within Tulsa County. The area covered by the maps included part of the southern fenceline of Owasso. That fenceline is located along 6e Street North between Mingo Road and Hwy. 169. Since the fenceline is actually a strip of incorporated territory of Owasso, the map change technically altered Owasso's floodplain. FEMA REGULATIONS: According to federal regulations, one of the conditions of a community's participation in the National Flood Insurance Program is that whenever the floodplain map of a community is changed, the community's flood damage prevention ordinance must be brought up to date with FEMA regulations. When FEMA informed Owasso municipal staff of the map change, the staff examined Owasso's ordinance and compared it to the FEMA regulations. The staff believed that Owasso's ordinance was in compliance with the regulations. The staff then sent FEMA a copy of the city's ordinance and a letter reporting this compliance. FEMA examined the ordinance and found that it was substantially in compliance but that it lacked one definition. SUBSTANTIAL DAMAGE: The definition that FEMA wants Owasso to include in its flood ordinance is the meaning of "substantial damage ". Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. When enforcing the flood damage prevention ordinance, the staff requires that any structure in the floodplain sustaining substantial damage (because of anything — fire, flood, tornado, termites, etc.) be brought into compliance with the flood damage prevention ordinance as a condition of its reconstruction and repair. ORDINANCE NUMBER 742: The proposed ordinance 742 adds the federal definition of "substantial damage" to Owasso's Flood Damage Prevention ordinance. Since the staff already recognizes the federal definition and has already accounted for that definition in its interpretation of the ordinance, the staff's enforcement of the floodplain regulations will not change in any way. RECOMMENDATION: The staff recommends council approval of Ordinance 742. ATTACHMENTS: 1. Ordinance 742 2. Correspondence to FEMA dated February 17, 2003 3. Correspondence from FEMA dated October 16, 2002 4. Owasso's Flood Damage Prevention Ordinance City of Owasso Department of Community Development 111 North Main Street P.O. Box 180 Owasso, OK 74055 February 17, 2003 Mr. Matthew B. Miller, PE, Chief Hazards Study Branch Federal Insurance and Mitigation Administration Federal Emergency Management Agency Washington, D.C. 20472 SUBJECT: NFIP Certification Reference: 19P -N City of Owasso, Oklahoma Dear Mr. Miller: (918) 376 -1540 FAX (918) 376 -1597 Inspections- 376 -1542 www.cityofowasso.com This is in response to your October 16, 2002 letter concerning City of Owasso adoption of regulations that meet the standards of Paragraph 60.3(d) of NFIP regulations and continued eligibility in the National Flood Insurance Program (NFIP). Attached to this response are the following: 1. City of Owasso Ordinance 304, June 2, 1981 2. City of Owasso Ordinance 367, March 17, 1987 amending the basic ordinance 3. City of Owasso Code of Ordinances (COE), Part 12, Chapter 4 4. Permit Application for Proposed Development on Lands Located in Flood Plain Areas Ordinance 304, as ratified and amended by the City Council, established COE, Part 12, Chapter 4, to regulate development within established flood hazard areas. Requirements stipulated in this chapter denote compliance with Section 60.3(d) of the NFIP regulations. Additional comments are as follows: 1. Section 60.3(d)(1) cites compliance with Section 60.3(c)(1) through (14). Since base flood elevations and the regulatory floodway have been established in the FIRM, the latter section does not apply. 2. Section 60.3(d)(4) allows permitting encroachments within the regulatory floodway under certain conditions. Current City policy does not allow for such encroachments due to the difficulty of evaluating and otherwise quantifying increases in the base flood elevation resulting from small incremental developments. Therefore, this subsection does not apply. 3. Code of Ordinances, Part 12, Chapter 4, Section 12 -414 requires that project data and certain forms be submitted for approval prior to permitting. Attachment 4 to this I trust that this information fulfills requirements for continued City eligibility in the NFIP. If you require further documentation, please notify: The Honorable Mike Helm Mayor, City of Owasso P.O. Box 180 Owasso, OK 74055 With Kindest Regards, Eric Wiles, CFM Community Development Director Cc: Mr. Lonnie Ward, FEMA Region VI, NFIP State Coordinator Mr. Anthony S. Lowe, Administrator, Federal Insurance and Mitigation Administration Federal Emergency Management Agency RECEIVED Washington, D.C. 20472 CERTIFIED MAIL RETURN RECEIPT REQUESTED October 16, 2002 The Honorable Randy Brogdon Mayor, City of Owasso P.O. Box 180 Owasso, OK 74055 Dear Mayor Brogdon: OCT 2 2 2002 IN REPLY REFER TO: 19P -N Community: City of Owasso, Tulsa County, Oklahoma Community No.: 400210 Map Panels Affected: 40143CO376 J and 40143CO377 J On September 22, 1999, the Federal Emergency Management Agency (FEMA) issued a Flood Insurance Rate Map (FIRM) that identified the Special Flood Hazard Areas (SFHAs) in the City of Owasso, Tulsa County, Oklahoma. Recently, FEMA completed a re- evaluation of flood hazards in your community. On January 23, 2002, FEMA provided you with Preliminary copies of the Flood Insurance Study (FIS) and FIRM that identify the existing flood hazards in your community. FEMA has addressed all comments received on the Preliminary copies of the FIS and FIRM. Accordingly, the FIS and FIRM for your community will become effective on April 16, 2003. Before the effective date, FEMA will send you final printed copies of the FIS and FIRM. Because the FIS establishing the Base (1% annual chance) Flood Elevations (BFEs) for your community has been completed, certain additional requirements must be met under Section 1361 of the National Flood Insurance Act of 1968, as amended, within 6 months from the date of this letter. Prior to April 16, 2003, your community is required, as a condition of continued eligibility in the National Flood Insurance Program (NFIP), to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(d) of the enclosed NFIP regulations (44 CFR Parts 59 -78) by the effective date of the FIRM. These standards are the minimum requirements and do not supersede any State or local requirements of a more stringent nature. It must be emphasized that all of the standards specified in Paragraph 60.3(d) of the NFIP regulations must be enacted in a legally enforceable document. This includes adoption of the current effective FIS and FIRM to which the regulations apply and other modifications made by this map revision. Some of the standards should already have been enacted by your community 2 in order to establish initial eligibility in the NFIP. Your community can meet any additional requirements by taking one of the following actions: 1. Amending existing regulations to incorporate any additional requirements of Paragraph 60.3(d); 2. Adopting all of the standards of Paragraph 603(d) into one new, comprehensive set of regulations; or 3. Showing evidence that regulations have previously been adopted that meet or exceed the minimum requirements of Paragraph 60.3(d). Communities that fail to enact the necessary floodplain management regulations will be suspended from participation in the NFIP and subject to the prohibitions contained in Section 202(a) of the Flood Disaster Protection Act of 1973 (Public Law 93 -234) as amended. In addition to your community using the FIS to manage development in the floodplain, FEMA will use the FIS to establish appropriate flood insurance rates. On the effective date of the revised FIRM, actuarial rates for flood insurance will be charged for all new structures and substantial improvements to existing structures located in the identified SFHAs. These rates may be higher if structures are not built in compliance with the floodplain management standards of the NFIP. The actuarial flood insurance rates increase as the lowest elevations (including basements) of new structures decrease in relation to the BFEs established for your community. This is an important consideration for new construction because building at a higher elevation can greatly reduce the cost of flood insurance. To assist your community in maintaining the FIRM, we reviewed our records to determine if any previous Letters of Map Change (LOMCs) (i.e., Letters of Map Amendment, Letters of Map Revision) will be superseded when the revised FIRM panels referenced above become effective. According to our records, no LOMCs were issued previously for the affected FIRM panels. The FIRM panels have been computer - generated. Once the FIRM and FIS report are printed and distributed, the digital files containing the flood hazard data for the entire county can be provided to your community for use in a computer mapping system. These files can be used in conjunction with other thematic data for floodplain management purposes, insurance purchase and rating requirements, and many other planning applications. Paper copies of the FIRM panels may be obtained by calling our Map Service Center, toll free, at 1- 800 - 358 -9616. Copies of the digital files may be obtained by calling our Map Assistance Center, toll free, at 1- 877 -FEMA MAP (1- 877 - 336 - 2627). In addition, your community maybe eligible for additional credits under our Community Rating System if you implement your activities using digital mapping files. If your community is encountering difficulties in enacting the necessary floodplain management measures to continue participation in the NFIP, we urge you to contact the Director, Federal Insurance and Mitigation Division of FEMA in Denton, Texas, at (940) 898 -5399 for assistance. If you have any questions concerning mapping issues in general, please contact our Map Assistance Center, toll free, at 1- 877 -FEMA MAP (1- 877 - 336 - 2627). Sincerely, Matthew B. Miller, P.E., Chief Hazards Study Branch Federal Insurance and Mitigation Administration List of Enclosures: "National Flood Insurance Program Elevation Certificate and Instructions" "Frequently Asked Questions Regarding the Effect That Revised Flood Hazards Have on Existing Structures" "Lowest Floor Elevation Certifications for Flood Insurance Post Flood Insurance Rate Map Construction" "Use of Flood Insurance Study (FIS) Data As Available Data" "National Flood Insurance Program Regulations" cc: Community Map Repository Phil Lutz, City Engineer, City of Owasso Planning Zoning and Development CHAPTER 4 Section 12 -401 FLOOD DAMAGE PREVENTION Section 12-402 Findings of Fact Section 12 403 Statementofp Section 12 404 Methods of Reur one Section l2 -40S Definitions gFloodLosses Section 12 406 Lands to Which Section 12 407 Basis for Es Special Flood Hazard Applies Section I Establis tabhs g the Areas of hment ofDevelopment P,,,it Special Flood $azard Section 12 409 COmPliance Section 12-410 Abrogation and Greater Section 12-411 Interpretation Restrictions Section 12 -412 Warning and Disclai Section 12 -413 Designati on Of the m� or Liability S�OA 12-414 FI°Odplain Administrator Duties andResponsibiliti es of theFloistrat n Section 12-415 PermitProcedures Section 12 -416 variance Proced 'administrator Section 12-417 Provisiohs for vies Section 12 -418 Provisions for FloodI3azazdReduction• Ge Section 12 -419 Standards for d Hard Reduction neral Standards SECTION Standards for Areas vision nowosals Specific Standards 12 401 FLINGS Flooding (AO /AHZOnes A OF FACT � IL6-- and The flood extraord'Property, health and areas of the city are sub h��' safey and Public expenditures for zazds, di ontiori of periodic inundation Which $ genera] welfare. flood Protection and relief all of whi o adversely These flood losses erselY affect the cause an increase in flop are created b Public vulnerable to floods d heights and v y the cumulative OtIlerx7se and hazardous to elands because theeocc Parity o floOnds in floodplains h Protected other] and from flood damage. u whit SECTION 12.402 (Ord. No. 367, 3/I x/87 are inadequately ele te�d areas by uses STATEMI�IT OF ) , flood proofed or It is the PURPOSE minimize PublicP�ose of this chapter to promote the public Private losses due to flood conditions in 1, health, safety and general Protecthuman life specific yprO welfare and to and health; areas b visions 2. and designed to: Mize expenditure of 3. public money for costly flood co undertake MjnlrmZe the need for control n at t Projects; _ he expense of the general and relief efforts associated 4 Public; Minimize Prolonged With flood' ged business • mg and generally 5. interruptions; Minimize d telephone and sewer lines, streets and facilities and utilities such as water and rid bridges located in flo..ties such gas mains, electric, Planning, Zoning and Development 5- develo Helflma ntain a stable tax base b moment of prone areas ' Y Providin m such a manner as to for the sound use and 7• Insure that minimize future flood blight Potential buyers are notified thatProperty's areas; and (Ord No. 367, 3/17/87) in a flood area. SEC1T- I�r order to METHODS OF REDUCING FLOOD LOSS accomplish its ES Purposes, this chapter uses i Restrict or the following methods: cause excessive ' Prohibit uses that in in flood hei aze dangerous to eights or velocities; health' safety or Property 2- Require that uses n tizzies of flood, or against flood ulnerable to floods damage at the time of initial co � ineludin nstruction; g facilities which serve such uses, be 3 Control the alteration Which are involved is rah °n of natural Protected the accommodation O flood water, stream channels, and natural n Of waters; ¢- Control fillin Protective or g, grading, Bred barriers, dredging and other development which may increase flood S- Prevent or regulate of damage, gulate the Construction flood b waters ror Which may increase flood hazazd o other lands. which will unnaturally divert (Ord No. 367, 3/17/87) ands. flood SECTION 12 404 � DEFINITT- them the ms specifically defined below they ha The foilowing�rmas usede In common , words or usage and oases used in this chapter s herein will, give this chapter, its hall be interpreted to �- most teasonable eve "Appeal I, application. provision of this chapter ea means a request for a re or a request for a 'Valiance, of the flood ante; Plain administrator's irate 2. "Area of shallow of any Insurance Rate Ma hallow flooding° means a ��) �� a one designated qO, ,yH or V aver1ge depth of one to three Percent 0%) chance zone o rag is unpredictable and (3) feet where ) anCe °r greater a a community's Food pondinrg or sheet flow, where a clearly defined channel does al chance of floodin velocity flow may be evide not exist g to an rat. Such flooding where the path of 3- "Area of s g is characterized b Percent hazard Y to a arse 1 / paoial flood zone A on ( ) °r greater than means the ]and in the the Flood Hazard Boundary of flooding floodplain within a Comm Preparati on for publication of gin an given year. The Fart Map (FPM) A fler detailed azea community subject VO, V1 -30, VE or V; , zone q usual] rate makin may a designated as y is refined into g has been completed in 4 zones A qE, qH AO, Al -99, in any given Yeare flood means the flood having a one percent (1 % c hance of being equaled or exceeded Page 12 -10 Planning, Zoning and Development 5• "Critical feature" means an integral and readily flood protection system, without which the flood compromised; Y identifiable part of a Protection provided by the entire system would be 6. "Development" means including but not 1' any man -made change excavation or united to buildings or other structures, m improved and , or li operations; unimproved real mining, dredging, filling, estate, 7. g, grading, paving, "Elevated building" means anon- basement building; a• Built, in the case of a building to have the top of the elevated in zones the bottom Of floor, or in the case of a1 -30, 4E, A, A99 ground level b° lowest horizontal structure bui]dhe in zones VI-30, A' B' C, X, and D the water, and y means of pilings, columns (posts and prime elevated floor parallel d above flra ), or shear walls parallel to b• Adequately he floor of flood of u y anchored so at not to i p to the magnitude of the base mPau the structural integrity gnty of the building In the case of zones Al -30 dig a building elevated by means Of fill or ' - f�9' AO the unimpeded movement of foundation B' C' X' D' "elevated build' includes a buildin flood waters• In the case of V] walls 30with Openings mg also includes a enclosed b g otherwise meeting P Wings sufficient to facilitate the Nation Flood ea Ins of breakaway walls definition of "elevated build -I or V' "elevated build' " Y walls ]f the breakaway walls meet g ' even thou g also Insurance Program regulations; ille standards ec the lower area is 8 of Section 60.3(e)(5) of °start of construction" for means for the traction commenced before the effective date of the FIRMS effective before that date. IEW rates, stmt "Existing FIRM or before lures for which the g construction" may also be refers January 1, 1975 9• "Flood or floodin " d to as existin for inundation or g means a general g structures;" Y dry lan d areas from: and temporary condition of Partial or complete a. The overflow of inland or tidal waters,. or b• The unusual and rapid P d accumulation or runoff of surface waters from an 10. "Flood Ins Federal Emergency Y source; Y Maria Agency �)' means the official able to y has delineated both the map °f a risk premium zones applic QOmmuni the city, areas of special hazards a which the flood hazards and the 11. "Flood Ins Management A urance Study" means the official report well as Agency The report contains the Flood Bounda flood profiles, water surface elevation the Federal the ry- Floodway Map; Emergency 12. base flood, as water from an 'Floodplain or flood -prone area Y source (see definition of means any land area susceptible ptible to being 13. "Flood inundated by authorized protection system" means those in order to appropriated hetexten and peem" and Physical structural which have works for which funds have the areas within a coin been constructed specifically been inanity subject to a "special flood hazard" and the Planning, Zoning and Development extent of the depths of associated flooding. dams, reservoirs, levees or dikes. Such a system typically includes hurricane tidal conformance with sound r. These specialized flood modifying barriers, engineering standards; y g works are those constructed in 14. "Functionally dependent use" it is located or carried out in close means a use which cannot facilities that are necess loading Proximity to water. The term includes perform its intended purpose unless ship repair facilities, but does not h d long-term term or passe only docking facilities, port g term storage or related manufacturing passengers, ship building and 15. "Habitable floor "g facilities; sleeping, eating, cooking or recreation ofla coeiebinlation hereof. following floor used for stora e is not a "habitable floor' ; Purposes; which includes working, g Purposes only 16. "Highest adjacent construction next to the grade" means the highest natural elevation of the Proposed walls ofa structure; ground surface prior to 17. "Levee" means aman-made structure, constructed in accordance with sound engineering usually an earthen embankment, so as to provide protection fro practices to contain, control, or divert designed and m temporary flooding; the flow of water 18. "Levee system" means a flood associated structures, such as closure protection system which consists of a levee accordance with sound enginas c and drainage devices, which are constructed or levees, and gpractices; and operated in 19. "Lowest floor" means the lowest floor of the lowest enclosed area r refinished or flood resistant enclosure, usable solely forpazking or vehicles, building an area other than a basement (including basement). An enclosure is not b area is not considered a building's lowest g access or storage in built to render the structure in violation of he applicable requirement of Section 60.3 of the National Flood .Provided that such Insurance Pro PPlicable non - elevation design 20' "Manufactredhome" gramregulations; on a permanent chassis means a structure transportable in one or to the required utilities. and is designed for use with or without a Permanent sections For flood P rmanent fo which is built includes park trailers plain management purposes the t undati °n when connected hundred eighty travel trailers, and other similar vehicles placed on a site for g t+ (180) consecutive days. erne "manufactured home" also include park trailers, travel trailers y For insurance purposes the term " greater than one and other similar vehicles; manufactred home" does not 21. "Mean sea level" means for Geodetic Vertical Datum purposes of the National Flood Ins community's flood insurance of 1929 or other datum, nee Program, the National urance rate ma tun to which the base flood elevations rho p are referenced; shown on a 22. "New construction" means, for floodplain management u "start of construction" commenced on or after the effective date of a flood lain adopted b Purposes, structures for which the y a community; P management regulation 23. "Start of construction" under the Coastal Barrier Resources Act (for other than new construction or substantial improvements the date the building Act (Pub. L. 97 -348) includes substantial. improvement and was placement, or other gimp o ement issued, provided the actual start of construction, repair, reconstruction, actual start means either the was within one hundred ei eighty means first placement in Pouring of slab or footings, the installation of piles permanent constru on of astructure on a site, u such as he stage of excavation; or the placement of a the construction of columns, or any work beyond the manufactured home on a foundation. Permanent construction Page 12 -12 Planning, Zoning and Development does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets or walkways; nor does it include excavation of basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or shed not occupied as dwelling units or not part of the main structure; 24. "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home; 25. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds f fly percent (50 %) of the market value of the structure either: a. Before the improvement or repair is started; or b. If the structure has been damaged and is being restored, before the damage occurred; For the purpose of this definition "substantial improvement" is considered to Occur when the fast alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: a. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or b. Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places; 26. "Variance" means a grant of relief to a person from the requirements of this chapter when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this chapter. For full requirements see Section 60.6 of the National Flood Insurance Program regulations; 27. "Violation" means the failure of a structure of other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided; and 28. "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, here specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverain areas. (Ord. No. 367, 3/17/87) SECTION 12-405 LANDS TO WHICH SPECIAL FLOOD HAZARD APPLIES This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city. (Ord. No. 367,3/17/87) Page 12 -13 Planning, Zoning and Development SECTION BASIS FOR ESTABLISHING Flood Ins areas of special THE AREAS OF SPECI urance Stud flood hazard identified b AL FLOOD FloodwaY Ma Y for the city with Y the Federal HAZgR]� declared to be as FIRM aBCpmPanyin Emergency Nana Part of this ch pB rM), and any revisions thereto, Rate &f a Gent Agency on its SECTI- (Ord. No. 367 3/17/87) are hereby adopted byloeferBence and ESTABLISHMENT OF DEV A development ELOPMENT PE]I141IT (Ord. No. 367, 3/17/87)e��t shall be required to ensure conformance with the provisions of this chapter. SECTION 12.408 MP- No structure or I compliance with the 'terms shall hereafter be mis of this chapter and located, altered, or other applicable regulationse(� No °hanged without full ECTI- ABROGATION Ord. 36 AND 7, 3/17/87) This chapter is not intended to GREATER RESTRICTIONS deed restrictions. mores However, where repeal, abrogate �ngentrestrictions this chapter 3 th impair any existin SECTION shallpreVail' (Ord N x367, 3/, $conflict or overlap, easements, covenants, or ano 7) whichever imposes Poses the In the interpretation and application of this 1 Considered chapter, all provisions shall be; • as minimum um requirements; Liberally construed in favor of the governing body; and 3• Deemed neither (Ord. No. 367, 3/17/87) to limit nor appeal any other powers granted understate statutes. SECTION 12 -411 The de M'ARMNG AND DISCL q)TIER OR L1. IL degree of flood TTy Purposes and is base protection required and will occur don scientific q by this chapter Imply that ] ur o tsflde d heights and m� eas d g °Onside considered reasonable for regulatory and ou the areas of be ' ratio from flooding pecial flood by man -made rare occasions greater can any official or or flood damages. d hazards or 01 natural ca floods can This cha uses This chapter does not administrative employee thereof for Ater shall not create permitted the such decision la ally flood liabili h areas will be free wfully made there d damages that result' esult 1ty O the part of the Comm ty or SECTION under. (Ord No. 367, 3/17/87) uni DESIGNATION n this chapter or any NATI OF THE F The City's flo LOODpL,gIN chapter and odplam administrator is ADMflVISTRATOR other appropriate aPpointed to pertaining to floodplain mana to sections of 44 CRF administer and implement Bement. (National Flood Insuraceprogramnsions of this Ed. Note• (Ord' NO. 367, 3/17/87) �� The °Ih'�s zoning or building egulations) g officer serves as floodplain administrator. Paap i� ,, iI SECTION 0 2 I Duties and respon: following: _ Me noodplain administrator shall include, but not be limited to, the 1 • Maintain chapter; and hold open for Public inspection all records pertaining to 2 the provisions of this safe from fl od view pernnt application to dete !� nnine whether proposed building 3. Review will be reasonably this chapter; approve site or deny all applications for development permits 4 Review required by adoption of obtained 11pin Permits for water Po11u ' thIse federal, state roposed development to bon ordments of gent es (inclu 1. necessary Permits have been assure that required; Control Act Amen governmental a 1972, 33 U.S.C. 1334 ing Section 404 of the Federal 5• ) from which prior a special where interpretation approval is flood hazards s needed actual field co ands (f °r example, w as to the exact location editions) the flood here there appears to n of the bo plain administrator be a conflict between a ma es of the areas and 6- Notify shall make the necessary Peed boundary is the Okiaho ' in riverain situations, arY interpretation; evidence ma water Resources adlacemt communities and of such notification toe Board prior to the state Federal any alteration or relocation °ga coordinating agent 7 EmergencyMana waterco Y which watercourse ure that gementAgency; arse, and submit arse is maintained; flood °aziYing capacity within the altered or relocated portion of an 8' when base floodplain adinlnis flood elevation Y flood wa trator shall obtain data has not been Y data available from review and reasonably in accordance Sections 12 -416 a federal, nabl with Section 12 -417 and state or other so Y utilize any base flood n 12 -406, the 12 -418 ofthis chap arcs, m order to elevation data and 9 pter, and administer the require that when constru t,ry ter, has Provisions of no new Permitted within Zones A c30 ' substantial improve been the flood cumulative effect Of and AE on ments, or other Plain administrator development he proposed development c ° unity's F development (includ- must Pment, will not increase the pment, when c �'II unless g fill) shall be Point within water combined it �s demonstrated the °Oinrnunity, surface elevation with all other that the (Ord. No. 367 of the base flood more existing and anticipated 3/17/87) one foot at any SECTION 1 PE RMIT PROCEDTTRES forms A, Application for a development furnished by him and permit shall be the location, dimensions, may include, but not be Presented to the elevation of limited to floodplain administrator on proposed Plans It duplicate drawn to scale s landscape alterations, existing owing g and proposed Planning, Zoning and Development Planning, Zoning and Development structures, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: 1- Elevation in relation to mean sea level, of the lowest floor, including basement, of all new and substantially improved structures; 2. Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; I A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the flood proofing criteria of Paragraph 2 of Section 12 -417; 4. Description of the extent of which any watercourse or natur or relocated as a result of proposed development; and al drainage will be altered 12 413. 5- Maintain a record of all such information in accordance with Paragraph 1 of Section B. Approval or denial of a development permit by the floodplain administrator shall be based on all of the provisions of this chapter and the following relevant factors: 1- The danger to life and property due to flooding or erosion damage; 2. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 3- The danger that materials may be swept onto other lands to the injury of others; 4. The compatibility of the proposed use with existing and anticipated development; vehicles; 5. The safety of access to the property in times of flood for ordinary and emergency 6. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; 7. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; 8. The necessity to the facility of waterfront location, where applicable; 9. The availability of alternative locations, not subject to flooding or erosion damage, for Proposed use; and 10. The relationship of the proposed use to the comprehensive plan for that area (Ord. No. 367, 3/17/87) Page 12 -16 Planning, Zoning and Development SECTION 121415 VARIANCE PROCEDURES A. The appeal board, which is the board of adjustment of the city, shall hear and render judgment on requests for variances from the requirements of this chapter. B. The appeal board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter. C. Any person or persons aggrieved by the decision of the appeal board may appeal such decision in the courts of competent jurisdiction. D. The floodplain administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. E. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places, without regard to the procedures set forth in the remainder of this chapter. F. Variances may be issued for new construction and substantial improvements to be erected on a lot of one -half ( %s) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Paragraph 2 of Section 12-414 have been fully considered. As the lot size increases beyond the one -half ( %,) acre, the technical justification required for issuing the variance increases. G. Upon consideration of the factors noted above and the intent of this chapter, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this chapter as set out in Section 12-402 herein. H. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. I. Prerequisites for granting variances: 1. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; 2. Variances shall only be issued upon: a. Showing a good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; C. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extra- ordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; and 3. Any application to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and Page 12 -17 Planning, Zoning and Development that the costs of flood insurance will commensurate with the increased risk resulting from the reduced lowest floor elevation. J. 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: 1. The criteria outline in Subsections A through I of this section are met; and 2. 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. (Ord. No. 367,3/17/87) SECTION 12-416 PROVISIONS FOR FLOOD HAZARD REDUCTION• GENERAL STANDARDS In all areas of special flood hazards, the following provisions are required for all new construction and substantial improvements: 1. All new construction or substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; 2. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; 3. All new construction or substantial improvements shall be constructed with materials resistant to flood damage; 4. All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed or located so as to prevent water from entering or accumulating within the components during conditions of flooding; 5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; 6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood water; and 7. On -site waste water disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. No. 367, 3/17/87) SECTION 12 -417 PROVISIONS FOR FLOOD HAZARD REDUCTION• SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in Sections 12 -406, Paragraph 8 of 12 -413 or Subsection D of 12 -418, the following provisions are required:_ Page 12 -18 Planning, Zoning and Development 1. Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection as proposed in Subsection A of Section 12-414 is satisfied; 2. Nonresidential construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to or above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impenneable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation, in relation to mean sea level, to which such structures are flood proofed shall be maintained by the floodplains administrator; and 3. Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are subject to the 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 requi=ent must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a. A minimum of two (2) openings having a total net area of not less than one square inch ifor every square foot of enclosed area subject to flooding shall be provided; b. The bottom of all openings shall be no higher than one foot above grade; C. Openings may be equipped with screens, louvers, valves, or other coverings or devices ]provided that they permit the automatic entry -and exit of floodwaters; and 4. Manufactured homes: a. All manufactured homes to be placed within Zone A shall be installed using methods and practices which minimize flood damage. For the purpose of this requirement, manufactured liomes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting -wind forces; b. All manufactured homes shall be in compliance with paragraph 1 of this section; C. All manufactured homes to be placed or substantially improved within Zones Al -30, .AH and AE on the community's FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provision of this paragraph 4. (Ord. No. 367, 3/17/87) Page 12 -19 Planning, Zoning and Development SECTION 12 -418 STANDARDS FOR SUBDIVISION PROPOSALS A. All subdivision proposals including manufactured home parks and subdivisions shall be consistent with Sections 12 -401, 12 -402 and 12 -403 of this chapter. B. All proposals for the development of subdivisions including manufactured home parks and subdivisions shall meet development permit requirements of Sections 12 -407, 12 -414 and the provisions of Sections 12 -416 and 12 -417. C. Base flood elevation data shall be generated for subdivision proposals and other proposed development, including manufactured home parks and subdivisions, which is greater than fifty (50) lots or five (5) acres, whichever is lesser, if not otherwise provided pursuant to Sections 12 -406 or 12- 413(8) of this chapter. D. All subdivision proposals including manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. .E. All subdivision proposals, including manufactured home parks and subdivisions, shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. (Ord. No. 367, 3/17/87) SECTION 12-419 STANDARDS FOR AREAS OF SHALLOW FLOODING (AO /AH ZONES Located within the areas of special flood hazard established in Section 12 -406 are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: 1. All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two (2) feet if no depth number is specified); 2. All new construction and substantial improvements of nonresidential structures have the following: a. The lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two (2) feet if no depth number is specified); or b. Together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy; 3. A registered professional engineer or architect shall submit a certification to the floodplain administrator that the standards of this section, as proposed in paragraph I of this Subsection A of Section 12 -414, are satisfied; and 4. Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. Page 12 -20 (Ord. No. 367, 3/17/87) Planning, Zoning and Development Pnar 17_71