TITLE 4
BUILDING REGULATIONS

CHAPTER 1
FLOOD HAZARD AREAS

SECTION:

4-1-1: Findings of Fact

4-1-2: Statement of Purpose

4-1-3: Methods of Reducing Flood Losses

4-1-4: Definitions

4-1-5: General Provisions

4-1-6: Administration

4-1-6-1: Establishment of Development Permit

4-1-6-2: Designation of the City

4-1-6-3: Duties and Responsibilities of City

4-1-6-4: Variance Procedure

4-1-7: Provisions for Flood Hazard Protection

4-1-7-1: General Standards

4-1-7-2: Specific Standards

4-1-1: FINDINGS OF FACT:

   (A)   The flood hazard areas of the City are subject to periodic inundation which 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.

   (B)   These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. (Ord. 174, 11-4-80)

4-1-2: 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 by provisions designed:

   (A)   To protect human life and health;

   (B)   To minimize expenditures of public money and costly flood control projects;

   (C)   To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

   (D)   To minimize prolonged business interruptions;

   (E)   To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

   (F)   To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

   (G)   To insure that potential buyers are notified that property is in an area of special flood hazard; and,

   (H)   To insure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 174, 11-4-80)

4-1-3: METHODS OF REDUCING FLOOD LOSSES:

In order to accomplish its purposes, this Chapter includes methods and provisions for:

   (A)   Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

   (B)   Requiring the uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction;

   (C)   Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

   (D)   Controlling filling, grading, dredging, and other development which may increase flood damage; and,

   (E)   Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. (Ord. 174, 11-4-80)

4-1-4: DEFINITIONS:

Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application.

APPEAL: A request for a review of the City's interpretation of any provision of this Chapter or a request for a variance.

AREA OF SHALLOW FLOODING: A designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one foot (1') to three feet (3'); a clearly defined channel does not exist; the path of the flooding is unpredictable and indeterminate; and, velocity flow may be evident.

AREA OF SPECIAL FLOOD HAZARD: The land in the flood plain within a community subject to a one percent (1%) or greater chance of flooding in any given year.

BASE FLOOD: The flood having a one percent (1%) chance of being equalled or exceeded in any given year.

DEVELOPMENT: 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 located within the area of special flood hazard.

EXISTING MOBILE HOME PARK or MOBILE HOME SUBDIVISION: A parcel (or contiguous parcels) of land divided into two (2) or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date hereof.

EXPANSION TO AN EXISTING MOBILE HOME PARK or MOBILE HOME SUBDIVISION: The preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets).

FLOOD INSURANCE RATE MAP: The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY: The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood.

FLOOD or FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from:

   (A)   The overflow of inland or tidal waters; and/or

   (B)   The unusual and rapid accumulation of runoff surface waters from any source.

FLOODWAY: The channel of a 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 one foot (1').

HABITABLE FLOOR: Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor".

MOBILE HOME: A structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.

NEW CONSTRUCTION: Structures for which the "start of construction" commenced on or after the effective date hereof.

NEW MOBILE HOME PARK or MOBILE HOME SUBDIVISION: A parcel (or contiguous parcels) of land divided into two (2) or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date hereof.

START OF CONSTRUCTION: The first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. 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 as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed.

STRUCTURE: A walled and roofed building or mobile home that is principally above ground.

SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of a 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 purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not the 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.

VARIANCE: A grant of relief from the requirements of this Chapter which permits construction in a manner that would otherwise be prohibited by this Chapter. (Ord. 174, 11-4-80)

4-1-5: GENERAL PROVISIONS:

   (A)   Lands to Which This Chapter Applies: This Chapter shall apply to all areas of special flood hazards within the jurisdiction of the City.

   (B)   Basis for Establishing the Areas of Special Flood Hazard: The areas of special flood hazard identified by the Federal Insurance Administration in its Flood Hazard Boundary Map (FHBM), No. H 01, dated April 18, 1975, and any revision thereto are adopted by reference and declared to be a part of this Chapter.

   (C)   Compliance: No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this Chapter and other applicable regulations.

   (D)   Abrogation and Greater Restrictions: This Chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

   (E)   Interpretation: In the interpretation and application of this Chapter, all provisions shall be:

      1.   Considered as minimum requirements;

      2.   Liberally construed in favor of the governing body; and,

      3.   Deemed neither to limit nor repeal any other powers granted under State statutes.

   (F)   Warning and Disclaimer of Liability: The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the City, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder. (Ord. 174, 11-4-80)

4-1-6: ADMINISTRATION: