Section
153.01 Statutory authorization
153.02 Findings of fact
153.03 Statement of purpose
153.04 Lands to which chapter applies
153.05 Enforcement official
153.06 Rules for interpretation of district boundaries
153.07 Compliance
153.08 Abrogation and greater restrictions
153.09 Interpretation
153.10 Warning and disclaimer of liability
153.11 Severability
153.12 Appeal
153.13 Permit required
153.14 Administration
153.15 Application for permit
153.16 Establishment of zoning districts
153.17 Standards for flood plain development
153.18 Permitted uses - Flood Fringe Overlay District (including AO and AH zones)
153.19 Standards for the Flood Fringe Overlay District
153.20 Permitted uses - Floodway Overlay District
153.21 Standards for the Floodway Overlay District
153.22 Variance Procedures
153.23 Conditions for variances
153.24 Nonconforming use
153.25 Amendments
153.26 Definitions
153.99 Penalty
The Legislature of the State of Nebraska has delegated the responsibility to local governmental units to adopt zoning regulations designed to protect the public health, safety and general welfare. The Legislature, in Neb. RS 31-1001 to 31-1022 (as amended), has further assigned the responsibility to adopt, administer, and enforce flood plain management regulations to the county, city or village with zoning jurisdiction over the flood-prone area. Therefore, the City Council of the City of North Platte, Nebraska, ordains as follows.
(Ord. 3779, passed 11-3-2009)
(A) Flood losses resulting from periodic inundation. The flood hazard areas of the City of North Platte, Nebraska, are subject to 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) General causes of the flood losses. These flood losses are caused by:
(1) The cumulative effect of obstructions in flood plains 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.
(C) Methods used to analyze flood hazards. This chapter uses a reasonable method of analyzing flood hazards which consists of a series of interrelated steps.
(1) Selection of a regulatory flood which is based upon engineering calculations which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The base flood is selected for this chapter. It is representative of large floods which are reasonably characteristic of what can be expected to occur on the particular streams subject to this chapter. It is in the general order of a flood which could be expected to have a 1% chance of occurrence in any 1 year, as delineated on the Federal Insurance Administration's Flood Insurance Study, and illustrative materials dated January 2, 2009, as amended.
(2) Calculation of water surface profiles based on an hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the base flood.
(3) Computation of the floodway required to convey this flood without increasing flood heights more than 1 foot at any point.
(4) Delineation of floodway encroachment lines within which no obstruction is permitted which would cause any water surface increase along the floodway profile.
(5) Delineation of floodway fringe, i.e., that area outside the floodway encroachment lines, but which still is subject to inundation by the base flood.
(Ord. 3779, passed 11-3-2009)
It is the purpose of this chapter to promote the public health, safety, and general welfare and to minimize those losses described in § 153.02(A) by applying the provisions of this chapter to:
(A) 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;
(B) Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction;
(C) Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard;
(D) Assure that eligibility is maintained for property owners in the community to purchase flood insurance in the National Flood Insurance Program.
(Ord. 3779, passed 11-3-2009)
This chapter shall apply to all lands within the jurisdiction of the City of North Platte, Nebraska identified on the Flood Insurance Rate Map (FIRM) dated January 2, 2009, as numbered and unnumbered A Zones (including AE, AO and AH Zones) and within the Zoning Districts FW and FF established in § 153.14. In all areas covered by this chapter no development shall be permitted except upon the issuance of a flood plain permit to develop, granted by the City Council of the City of North Platte or its duly designated representative under such safeguards and restrictions as the City Council or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community and where specifically noted in §§ 153.17, 153.18, 153.19, 153.20 and 153.21.
(Ord. 3779, passed 11-3-2009)
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