(A) Statutory authorization. The legislature of the state has delegated the responsibility to local governmental units to adopt zoning regulations designed to protect the public health, safety, general welfare and property of the people of the state. The legislature, in Neb. Rev. Stat. §§ 31-1001 through 31-1023, as amended, has further assigned the responsibility to adopt, administer and enforce floodplain management regulations to the county, city or village with zoning jurisdiction over the flood prone area. Therefore, the City Council ordains as follows in this section.
(B) Finding of fact.
(1) Flood losses resulting from periodic inundation. The flood hazard areas of the city are subject to inundation that results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
(2) General causes of the flood losses. These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities as well as the occupancy of flood hazard areas by uses vulnerable to floods or hazardous to others that are inadequately elevated or otherwise unprotected from flood damages.
(C) Statement of purpose. It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize those losses described in § 151.002 by applying the provisions of this chapter to:
(1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flooding or cause undue increases in flood heights or velocities;
(2) Require that uses vulnerable to floods, including public facilities that service such uses, be provided with flood protection at the time of initial construction;
(3) Reduce financial burdens from flood damage borne by the community, its governmental units, is residents, and its businesses by preventing excessive and unsafe development in areas subject to flooding; and
(4) Assure that eligibility is maintained for property owners in the community to purchase flood insurance from the National Flood Insurance Program.
(D) Adherence to regulations. The regulations of this chapter are in compliance with the National Flood Insurance Program Regulations as published in 44 C.F.R. and the Nebraska Minimum Standards for Floodplain Management Programs, as published in the 455 Neb. Admin. Code, ch. 1.
(Ord. 23-09, passed 8-21-2023)