SECTION 1.0
STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSES
1.1 STATUTORY AUTHORIZATION
The Legislature of the State of
1.2 FINDINGS OF FACT
1.21 Flood Losses Resulting
from Periodic Inundation
The flood hazard areas of
1.22 General Causes of the
Flood Losses
These flood losses are caused by:
(1) The cumulative effect of obstructions in floodplains causing increases in
flood heights and velocities, (2) The occupancy of flood hazard areas by uses
vulnerable to floods or hazardous to others, which are inadequately elevated or
otherwise unprotected from flood damages.
1.3 STATEMENT OF PURPOSE
It is the purpose of this
ordinance/resolution to promote the public health, safety, and general welfare
and to minimize those losses described in Section 1.21 by applying the
provisions of this resolution to:
1.31
Restrict or prohibit uses which are dangerous to health, safety, or
property in times of flooding or cause undue increases in flood heights or
velocities.
1.32
Require that uses vulnerable to floods, including public facilities
which serve such uses, be provided with flood protection at the time of initial
construction.
1.33
Protect individuals from buying lands which are unsuited for intended
purposes because of flood hazard.
1.34
Assure that eligibility is maintained for property owners in the
community to purchase flood insurance in the National Flood Insurance Program.
SECTION 2.0
LOCAL ADMINISTRATOR RESPONSIBILITIES
The Zoning Administrator hereby has
these added responsibilities and is authorized and directed to enforce all of the provisions
of this Resolution and all other
Resolutions of the
SECTION 3.0
LOCAL ADMINISTRATOR ADDITIONAL RESPONSIBILITIES
The Zoning Administrator shall be
appointed to these additional responsibilities by resolution of the Governing
Body and his/her appointment shall continue during good behavior and
satisfactory service. During temporary absence or disability of the Zoning Administrator,
the Governing Body of the County shall designate an acting administrator.
SECTION 4.0
DESIGNATION OF CURRENT FHBM/FIRM
The Governing Body of the
SECTION 5.0
PERMITS REQUIRED
Permits Required: No person, firm or corporation shall initiate any floodplain development or substantial improvement or cause the same to be done without first obtaining a separate permit for development as defined in this resolution.
A. Within special flood hazard areas on the official map, separate floodplain development permits are required for all new construction, substantial improvements and other developments, including the placement of manufactured homes.
B. Application: To obtain a floodplain development permit, the applicant shall first file an application therefore in writing on a form furnished for that purpose. Every such application shall:
(1) Identify and describe the development to be covered by the floodplain development permit for which application is made.
(2) Describe the land on which the proposed development is to be done by lot, block, tract and house and street address, or similar description that will readily identify and definitely locate the proposed building or development.
(3) Indicate the use or occupancy for which the proposed development is intended.
(4) Be accompanied by plans and specifications for proposed construction.
(5) Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority.
(6) Within designated floodplain areas, be accompanied by elevations of the lowest floor, including basement, or in the case of floodproofed non-residential structures, the elevation to which it shall be floodproofed. Documentation or certification of such elevations will be maintained by the Zoning Administrator.
(7) Give such other information as
reasonably may be required by the Zoning Administrator (i.e., require a
statement from the applicant that they are aware that elevating or floodproofing structures above the minimum levels will
result in premium reduction, especially in the case of non-residential floodproofing when a minus one foot (-1') penalty is
assessed at the time of rating the structure for the policy premium.)
SECTION 6.0
DEVELOPMENT PERMIT APPLICATIONS REVIEW
The Zoning Administrator shall
review all development permit applications to determine if the site of the
proposed development is reasonably safe from flooding and that all necessary
permits have been received as required by Federal or State Law.
SECTION 7.0
ALL APPLICATIONS REVIEW (See Section 21)
The Zoning Administrator, in reviewing all applications for new construction, substantial improvements, prefabricated buildings, placement of manufactured homes and other development(s) (as defined in Section 21 of this Resolution) will:
A. Obtain, review and reasonably utilize, if available, any regulatory flood elevation data and floodway data available from Federal, State or other sources, until such other data is provided by the Federal Insurance Administration in a Flood Insurance Study; and require within special flood hazard areas on the official map that the following performance standards be met:
(1) That until a floodway has been designated - No development or substantial improvement may be permitted within the identified floodplain unless the applicant has demonstrated that the proposed development or substantial improvement, when combined with all other existing and reasonably anticipated developments or substantial improvements, will not increase the water surface elevation of the 100-year flood more than one (1) foot at any location.
(2) Residential Construction - New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at least one foot above the base flood elevation.
(3) Non-residential Construction - New construction or substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated at least one foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below such a level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the local administrator.
(4) Require for all new construction and substantial improvements - That fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which 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 registered professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one 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.
(5) Appurtenant structures used exclusively for storage of motor vehicles, and storage of other items readily removable in the event of a flood warning may have their lowest floor below one foot above the base flood elevation provided the structure is capable of withstanding hydrostatic and hydrodynamic forces caused by the base flood and provided that no utilities are installed in the structure except elevated or flood proofed electrical fixtures. If the structure is converted to another use, it must be brought into full compliance with the minimum standards governing such use.
B. Require the use of construction materials that are resistant to flood damage.
C. Require the use of construction methods and practices that will minimize flood damage.
D. Require that new structures 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.
E. New structures be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
F. Assure that all manufactured homes shall be anchored to resist flotation, collapse, or lateral movement. Manufactured homes must be anchored in accordance with State laws, local building codes and FEMA guidelines. In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met:
(1) Over-the-top ties be provided at each of the four corners of the manufactured home with two additional ties per side at the intermediate locations and manufactured homes less than 50 feet long requiring one additional tie per side.
(2) Frame ties be provided at each corner of the home with five additional ties per side at intermediate points and manufactured 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.
(4) Any additions to manufactured homes be similarly anchored.
G. Assure that all manufactured homes that are placed or substantially improved within special flood hazard areas on the community's official map on sites:
(1) Outside of a manufactured home park or subdivision;
(2) In a new manufactured home
park or subdivision;
(3) In an expansion to an existing
manufactured home park or subdivision; or
(4) 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 at least one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Section 7.F.
H. Assure that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within special flood hazard areas on the community's official map that are not subject to the provisions of Section 7.G. be elevated so that either:
(1) The lowest floor of the manufactured home is at least one foot above the base flood elevation, or
(2) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Section 7.F.
I. Require that recreational vehicles
placed on sites within the identified special flood hazard areas on the
community's official map either (i) be on the site
for fewer than 180 consecutive days, (ii) be fully licensed and ready for
highway use, or (iii) meet the permit requirements and the elevation and
anchoring requirements for "manufactured homes" of this ordinance. 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.
SECTION 8.0
SUBDIVISION APPLICATIONS
The Governing Body of the County shall review all subdivision applications and other proposed new developments (including manufactured home parks or subdivisions) and shall make findings of fact and assure that:
A. All such proposed developments are consistent with the need to minimize flood damage.
B. Subdivision proposals and other proposed new developments "(including proposals for manufactured home parks and subdivisions), greater than five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals regulatory flood elevation data in special flood hazard areas.
C. Adequate drainage is provided so as to reduce exposure to flood hazards.
D. All public utilities and facilities are
located so as to minimize or eliminate flood damage.
SECTION 9.0 WATER AND SEWAGE SYSTEMS
New and replacement water and
sewage systems shall be constructed to eliminate or minimize infiltration by,
or discharge into floodwaters. Moreover, on-site waste disposal systems will be
designed to avoid impairment or contamination during flooding.
SECTION 10.0 STORAGE OF MATERIAL AND EQUIPMENT
The storage or processing of
materials that are in time of flooding buoyant, flammable, explosive, or could
be injurious to human, animal or plant life is prohibited. Storage of other
material or equipment may be allowed if not subject to major damage by floods
and firmly anchored to prevent flotation or if readily removable from the area
within the time available after flood warning.
SECTION 11.0 FLOOD-CARRYING CAPACITY WITHIN ANY
WATERCOURSE
The Governing Body of the County
will ensure that the flood-carrying capacity within the altered or relocated
portion of any watercourse is maintained. The County will notify, in riverine situations, adjacent communities and the State
Coordinating Office (Nebraska Natural Resources Commission) prior to any
alteration or relocation of a watercourse, and submit copies of such
notifications to the Federal Emergency Management Agency. Moreover, the County
will work with appropriate State and Federal agencies in every way possible in
complying with the National Flood Insurance Program in accordance with the
National Disaster Protection Act of 1973.
SECTION 12.0 VARIANCE PROCEDURES
12.1 The
Board of Adjustments as established by
12.2 The Board of Adjustments shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Zoning Administrator in the enforcement or administration of this resolution.
12.3 Any person aggrieved by the decision of the Board of Adjustments or any taxpayer may appeal such decision to the District Court as provided in Section 23-168, R.R.S. 1943 (for counties); 19-912, R.R.S. 1943 (for municipalities).
12.4 In passing upon such applications, the Board of Adjustments shall consider all technical evaluation, all relevant factors, standards specified in other sections of this resolution, and;
12.41 the danger that materials may be swept onto other lands to
the injury of others;
12.42 the danger to life and property due to flooding or erosion
damage;
12.43 the susceptibility of proposed facility and its contents to
flood damage and the effect of such damage on the individual owner;
12.44 the importance of the services provided by the proposed
facility to the community;
12.45 the necessity to the facility of a waterfront location,
where applicable;
12.46 the availability of alternative locations, not subject to
flooding or erosion damage, for the proposed use;
12.47 the compatibility of the proposed use with existing and
anticipated development;
12.48 the relationship of the proposed use to the comprehensive
plan and floodplain, management program for that area;
12.49 the safety of access to the property in times of flood for
ordinary and emergency vehicles.
12.491 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; and,
12.492 the 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, and streets and bridges.
12.5 Conditions for Variances
12.51 Generally variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (12.52-12.55 below) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
12.52 Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
12.53 Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
12.54 Variances shall only be issued upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances/ resolutions.
12.55 The
applicant shall be given a written notice over the signature of a community
official that (1) 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 $25.00 for $100.00 of insurance coverage and (2) 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 resolution.
SECTION 13.0 NON-CONFORMING USE
13.1 A
structure or the use of a structure or premises which was lawful before the
passage or amendment of the ordinance/ resolution, but which is not in
conformity with the provisions of this ordinance/ resolution may be continued
subject to the following conditions:
13.11 If such use is discontinued for twelve (12) consecutive months, any future use of the building premises shall conform to this resolution. The Utility Department shall notify the Zoning Administrator in writing of instances of nonconforming uses where utility services have been discontinued for a period of twelve (12) months.
13.12 Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses.
13.2 If
any nonconforming use or structure is destroyed by any means, including flood,
it shall not be reconstructed if the cost is more than 50 percent of the market
value of the structure before the damage occurred except that if it is reconstructed
in conformity with the provisions of this resolution. This limitation does not
include the cost of any alteration to comply with existing state or local
health, sanitary, building, or safety codes or regulations or the cost of any
alteration of a structure listed on the National Register of Historic Places or
a State Inventory of Historic Places.
SECTION 14.0 PENALTIES FOR VIOLATION
Violation of the provisions of this
resolution or failure to comply with any of its requirements (including
violations of conditions and safeguards established in connection with grants
of variances or special exceptions) shall constitute a misdemeanor. Any person
who violates this resolution or fails to comply with any of its requirements
shall upon conviction thereof be fined not more than one hundred dollars
($100), and in addition, shall pay all costs and expenses involved in the case.
Each day such violation continues shall be considered a
separate offense.
Nothing herein contained shall
prevent the
SECTION 15.0 ABROGATION AND GREATER RESTRICTIONS
It is not intended by this
resolution to repeal, abrogate or impair any existent easements, covenants, or
deed restrictions. However, where this resolution imposes greater restrictions,
the provision of this resolution shall prevail. All other resolutions
inconsistent with this resolution are hereby repealed to the extent of the
inconsistency only.
SECTION 16.0 INTERPRETATION
In their interpretation and
application, the provisions of this resolution shall be held to be minimum
requirements and 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
state statutes.
SECTION 17.0 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection
required by this resolution 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 height may be increased by man-made or
natural causes, such as ice jams and bridge openings restricted by debris. This
resolution does not imply that areas outside floodplain district boundaries or
land uses permitted within such districts will be free from flooding or flood
damage. This resolution shall not create liability on the part of
SECTION 18.0 SEVERABILITY
If any section, clause, provision
or portion of this resolution is adjudged unconstitutional or invalid by a
court of competent jurisdiction, the remainder of this resolution shall not be
affected thereby.
SECTION 19.0 APPEAL
Where a request for a permit to
develop or a variance is denied by the Zoning Administrator the applicant may
apply for such permit or variance directly to the Board of Appeals.
SECTION 20.0 CONFLICTING RESOLUTIONS
This Resolution shall take
precedence over conflicting Resolutions or parts of Resolutions. The Governing
Body of the
SECTION 21.0 DEFINITIONS
Unless specifically defined below, words or phrases used in this resolution shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this resolution its most reasonable application.
“Appurtenant Structures” shall mean a structure on the same parcel of property as the principal structure, the use of which is incidental to the use of the principal structure.
"Base Flood" means the flood having one percent chance of being equaled or exceeded in any given year.
"Basement" means any area of the building having its floor subgrade (below ground level) on all sides.
"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 or storage of equipment or materials.
"Existing Manufactured Home Park or Subdivision " means 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 complete before the effective date of the floodplain management regulations adopted by a community.
"Expansion of
"Flood" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation of runoff of surface waters from any source.
"Flood Insurance Rate
Map (FIRM)" means an official map of a community, on which the
Administrator has delineated both the special flood hazard areas and the risk
premium applicable to the community.
"Floodplain" means any land area susceptible to being inundated by water from any source (see definition of "flooding").
"Floodproofing" means any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
"Floodway" means the channel of the 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 a designated height.
"Historic Structure" means any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of ulterior) 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.
"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance.
"Manufactured Home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
"Manufactured
"New Construction" 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 regulation adopted by a community and includes any subsequent improvements to such structures.
"New Manufactured Home Park or Subdivision " means 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 on or after the effective date of floodplain management regulations adopted by a community.
"100-Year Flood" means the condition of flooding having a one percent chance of annual occurrence.
"Principally Above Ground" means that at least 51 percent of the actual cash value of the structure is above ground.
"Recreational
Vehicle" means a vehicle which is (i)
built on a single chassis; (ii) 400 square feet or less when measured at the
largest horizontal projection; (iii) designed to be self-propelled or
permanently towable by a light duty truck; and (iv)
designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
"Regulatory Flood Elevation " means the water surface elevation of the 100-year flood.
"Special Flood Hazard Area " is the land in the floodplain within a community subject to one percent or greater chance of flooding in any given year.
"Start of Construction " [for other than new construction or substantial improvements under the coastal Barrier Resources Act (Pub. L. 97-348)] includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. 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 the alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground, as well as a manufactured home, and a gas or liquid storage tank that is principally above ground.
"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.
"Substantial
Improvement" means any reconstruction, rehabilitation,
addition, or other improvement of a structure, the cost of which equals or
exceeds 50 percent of the market value of the structure before "start of
construction" of the improvement. This includes structures which have
incurred "substantial damage," regardless of the actual repair work
performed. The term does not, however, include either (1) any project for
improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified by
the local code enforcement official and which are the minimum necessary to
assure safe living conditions, or (2) any alteration of a "historic
structure," provided that the alteration will not preclude the structure's
continued designation as a "historic structure."
"Variance"
means a grant of relief to a person from the terms of a floodplain management
ordinance.
"Violation"
means the failure of a structure or other development to be fully compliant
with the community's floodplain management regulations.