(A) Statutory authorization. The Legislature of the state has in Private Act Charter of 1953 and subsequent amendments delegated the responsibility to units of local government to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the Mayor and its legislative body do ordain as follows.
(B) Findings of fact.
(1) The Mayor and its City Council wish to maintain eligibility in the National Flood Insurance Program (NFIP) and in order to do so must meet the NFIP regulations found in 44 C.F.R. Ch.1, § 60.3.
(2) Areas of the city are subject to periodic inundation which could result 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.
(3) Flood losses are caused by the cumulative effect of obstructions in floodplains, causing increases in flood heights and velocities; by uses in flood hazard areas which are vulnerable to floods; or construction which is inadequately elevated, flood-proofed 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 public and private losses due to flood conditions in specific areas. This chapter is designed to:
(1) Restrict or prohibit uses which are vulnerable to flooding or erosion hazards, or which result in damaging increases in erosion, flood heights or velocities;
(2) Require that uses vulnerable to floods, including community facilities, be protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation flood waters;
(4) Control filling, grading, dredging and other development which may increase flood damage or erosion; and
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may cause flood hazards to other lands.
(D) Objectives. The objectives of this chapter are:
(1) To protect human life, health and property;
(2) To minimize expenditure of public funds for costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodable areas;
(6) To help maintain a stable tax base by providing for the sound use and development of flood prone areas in a manner as to minimize blight in flood areas;
(7) To ensure that potential home buyers are notified that property is in a floodable area; and
(8) To maintain eligibility for participation in the National Flood Insurance Program.
(1989 Code, § 14-301) (Ord. 1143, passed 9-25-2007; Ord. 1219, passed 6-9-2009)