Skip to code content (skip section selection)
Compare to:
Cache Overview
Cache, OK Code of Ordinance
CITY OF CACHE, OKLAHOMA CODE OF ORDINANCES
CHAPTER 1: ADMINISTRATION
CHAPTER 2: ALCOHOLIC BEVERAGES
CHAPTER 3: ANIMALS
CHAPTER 4: BUILDING AND CONSTRUCTION
CHAPTER 5: BUSINESSES AND OCCUPATIONS
CHAPTER 6: EMERGENCY MANAGEMENT
CHAPTER 7: FIRE PREVENTION
CHAPTER 8: GENERAL AND MISCELLANEOUS PROVISIONS
CHAPTER 9: HEALTH AND SAFETY
CHAPTER 10: MANUFACTURED, MOBILE AND MODULAR HOUSING
CHAPTER 11: MUNICIPAL COURT
CHAPTER 12: NUISANCES
CHAPTER 13: OFFENSES
CHAPTER 14: OIL AND GAS DRILLING
CHAPTER 15: PLANNING AND COMMUNITY DEVELOPMENT
CHAPTER 16: PUBLIC FACILITIES AND UTILITIES
CHAPTER 17: STREETS AND OTHER PUBLIC AREAS
CHAPTER 18: TRAFFIC
CHAPTER 19: TRANSPORTATION
CHAPTER 20: WARDS AND BOUNDARIES
PARALLEL REFERENCES
Loading...
§ 4-164 PERMIT PROCEDURES.
   1.   An application for a development permit shall be presented to the Floodplain Administrator on forms furnished by him or her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions and elevation of proposed landscape alterations existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required.
      a.   Elevation in relation to mean sea level of the lowest floor (including basement) of all new and substantially improved structures; and
      b.   Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.
   2.   Approval or denial of a development permit by the Floodplain Administrator shall be based on all the provisions of this article and the following relevant factors:
      a.   The danger to life and property due to flooding or erosion damage;
      b.   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
      c.   The danger that materials may be swept onto other lands to the injury of others;
      d.   The compatibility of the proposed use with existing and anticipated development;
      e.   The safety of access to the property in times of flood for ordinary and emergency vehicles;
      f.   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;
      g.   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;
      h.   The necessity to the facility of waterfront location, where applicable;
      i.   The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and
      j.   The relationship of the proposed use to the comprehensive plan for that area.
§ 4-165 VARIANCES.
   1.   General provisions.
      a.   The City Council may grant variances for uses which do not satisfy the requirements of the State Floodplain Management Act, being O.S. Chapter 23, Title 82, or this article, if the applicant for the variance presents adequate proof that compliance with this article will result in an arbitrary and unreasonable taking of property without sufficient benefit or advantage to the people and satisfies the pertinent provisions of this section; provided, however, no variance shall be granted where the effect of the variance will be to permit the continuance of a condition which unreasonable creates flooding hazards.
      b.   Any variance so granted shall not be construed as to relieve any person who receives it from any liability imposed by the State Floodplain Management Act, being O.S. Chapter 23, Title 82, or by other laws of the state.
      c.   In no case shall variances be effective for a period longer than 20 years.
      d.   Any person seeking a variance shall file a petition with the City Council, accompanied by a filing fee of $25.
      e.   Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acres or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in § 4-156 and provisions of this section have been fully considered. As the lot size increases beyond the one-half acres, the technical justification required for issuing the variance increases.
      f.   Any person seeking a variance to build a structure below the base flood elevation will be issued a notice signed by the Chairperson of the City Council which states that the cost of flood insurance will be commensurate with the increased risk resulting from permitting the structure to be built lower than the base flood elevation, and such construction below base flood level increases risks to life and property.
      g.   At such time as the City Council deems the petition ready for notification to the public, the City Council shall schedule a hearing and direct the applicant to publish notice thereof in a newspaper of general circulation in the county at least 30 days prior to the hearing.
      h.   The City Council shall conduct the hearing and make determinations in accordance with the applicable provisions of this section. The City Council shall exercise wide discretion in weighing the equities involved and the advantages and disadvantages to the applicant and to the public at large when determining whether the variance shall be granted.
      i.   Variances shall only be issued upon:
         (1)   A showing of good and sufficient cause;
         (2)   A determination that failure to grant the variance would result in exceptional hardship to the applicant;
         (3)   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, regulations or ordinances; and
         (4)   A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
      j.   Upon consideration of the factors stated in this section and the intent of this article, the City Council may attach such conditions to the granting of a variance as it deems necessary to further the purposes and objectives stated in § 4-152.
      k.   The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance; and a copy of any variance issued by the City Council shall be sent by the Floodplain Administrator to the OWRB and FEMA within 15 days after issuance of the variance.
   2.   Special provisions.
      a.   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 article.
      b.   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
      c.   Variances may be issued for the repair or rehabilitation of historic structures upon 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.
      d.   Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use probed that:
         (1)   The criteria of subsections 1.e.; 1.i.; 2.b.; and 2.c. above are met; and
         (2)   The structure of other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
§ 4-166 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 design and/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 waters; and
   7.   On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
§ 4-167 SPECIFIC STANDARDS.
   In all areas of special flood hazards where base flood elevations have been provided or are otherwise determined as set forth in §§ 4-156, 4-163 subsection 8. or 4-164 subsection 1., the following provisions are required.
   1.   Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated at least one foot 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 1. is satisfied.
   2.   Nonresidential construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall have the lowest floor (including basement) elevated at least one foot 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 2. is satisfied.
   3.   Enclosures. New construction and substantial improvements, with full 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.   A minimum of two openings having a total net are of not less than one square inch for 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; and
      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.
   4.   Manufactured homes.
      a.   Require that all manufactured homes to be placed within Zone A on the county FIRM shall be installed using methods and practices that minimize flood damage and have the bottom of the I-beam elevated at least 36 inches above grade or at least at or above the base flood elevation. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. The home shall be installed by a licensed installer according to state law and compliance herewith shall be certified in writing to the Floodplain Administrator by said installer prior to habitation of the manufactured home.
      b.   (1)   Require that manufactured homes that are placed or substantially improved within Zone AE on the county FIRM on sites:
            (a)   Outside of a manufactured home park or subdivision;
            (b)   In a new manufactured home park or subdivision;
            (c)   In an expansion to an existing manufactured home park or subdivision; or
            (d)   In an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as a result of a flood, be elevated on a permanent foundation such that the bottom of the I-beam for the manufactured home is elevated at least one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
         (2)   A licensed installer shall install the home in accordance with state law and compliance herewith shall be certified in writing to the Floodplain Administrator by said installer prior to habitation of the manufactured home.
      c.   Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zone AE on the county FIRM that are not subject to the provisions of subsection 4. be elevated so that the bottom of the I-beam of the manufactured home is at least one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. A licensed installer shall install the home in accordance with state law and compliance herewith shall be certified in writing to the Floodplain Administrator by said installer prior to habitation of the manufactured home.
   5.   Recreational vehicles. Require that recreational vehicles placed on sites within Zones A and AE on the county FIRM either:
      a.   Be on site for fewer than 180 consecutive days;
      b.   Be fully licensed and ready for highway use; or
      c.   Meet the permit requirements of § 4-164, and the elevation and anchoring requirements for manufactured homes in subsection 4. above. 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.
   6.   Accessory structure. Accessory structures to be placed on sites within Zones A and AE on the county FIRM shall comply with the following:
      a.   The structure shall be unfinished on the interior;
      b.   The structure shall be used only for parking and limited storage;
      c.   The structure shall not be used for human habitation. Prohibited activities or use include but are not limited to working, sleeping, living, cooking or restroom use;
      d.   Service facilities such as electrical and heating equipment must elevated to or above the BFE;
      e.   The structure shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;
      f.   The structure shall be designed to have low flood damage potential and constructed with flood resistance materials;
      g.   The structure shall be firmly anchored to prevent flotation, collapse and lateral movement;
      h.   Floodway requirements must be met in the construction of the structure;
      i.   Opening to relieve hydrostatic pressure during a flood shall be provided below the BFE; and
      j.   The structure shall be located so as not to cause damage to adjacent and nearby structures.
§ 4-168 STANDARDS FOR SUBDIVISIONS.
   1.   The applicant for a development permit for any subdivision located in Zones A and AE which 51 or more lots or greater than five acres shall generate the base flood elevation date for that subdivision.
   2.   All subdivisions including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
   3.   All subdivisions including the placement of 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.
§ 4-169 FLOODWAYS.
   The following provision shall apply to floodways.
   1.   Encroachments, including but not limited to, fill, new construction, substantial improvements and other development are prohibited with the adopted floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the city during the occurrence of the base flood discharge.
   2.   If § 4-168 subsection 1. above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of §§ 4-164 through 4-169.
   3.   The city may permit encroachments within the adopted floodway that would result in an increase in base flood elevations, provided that the applicant for the development permit complies with all of 44 C.F.R. § 65.12.
ARTICLE 6: MISCELLANEOUS PROVISIONS
Loading...