(A) Statement of purpose. It is the purpose of this section 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 to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;
(6) Help maintain a stable tax base by providing for the sound use and development of floodprone areas in such a manner as to minimize future flood blight areas; and
(7) Insure that potential buyers are notified that property is in a flood area.
(B) Abrogation and greater restriction. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(C) Severability. If any provision, or portion of this section is adjudged unconstitutional or invalid by a court, the remainder of the section shall not be affected.
(D) Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This section 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 section shall not create liability on the part of the city corporate community entity or any official or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
(E) Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted to give them the meaning they have in common usage and to give this section its most reasonable application.
(1) AREA OF SPECIAL FLOOD HAZARD. The land in the flood plain within a community subject to a 1% or greater chance of flooding in any given year. The area may be designated as Zone A on the flood insurance rate map (FIRM). After detailed ratemaking has been completed in preparation for publication of the flood insurance rate map, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE, or V. For purposes of these regulations, the term SPECIAL FLOOD HAZARD AREA is synonymous in meaning with the phrase "area of special flood hazard".
(2) BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
(3) BASE FLOOD ELEVATION (BFE). The water surface elevation that is 1% of the annual flood chance. In relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas.
(4) BASEMENT. Any area of the building having its floor subgrade (below ground level) on all sides.
(5) 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 or storage of equipment or materials.
(6) EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations.
(7) EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
(8) FLOOD OR FLOODING.
(a) A general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters;
2. The unusual and rapid accumulation or runoff of surface waters from any source;
3. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in division (a)2. of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
(b) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in division (a)1. of this definition.
(9) FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which the City Manager or designee has delineated both the special hazard areas and the risk premium zones applicable to the community.
(10) FLOOD INSURANCE STUDY OR FLOOD ELEVATION STUDY. An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
(11) FLOOD PROOFING. Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
(12) FLOODWAY. See REGULATORY FLOODWAY.
(13) HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
(14) HISTORIC STRUCTURE. Any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by said Secretary to qualify as a registered historic district; or
(c) Individually listed on a state inventory of historic places in states with historic reservation programs which have been approved by the Secretary of the Interior.
(15) LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, however, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of division (G) of this section.
(16) MANUFACTURED HOME. A structure, transportable in 1 or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term MANUFACTURED HOME does not include a recreational vehicle.
(17) MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into 2 or more manufactured home lots for rent or sale.
(18) NEW CONSTRUCTION. For the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
(19) NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations.
(20) RECREATIONAL VEHICLE. A vehicle which is:
(a) Built on a single chassis;
(b) Four hundred square feet or less when measured at the largest horizontal projection;
(c) Designed to be self-propelled or permanently towable by a light duty truck; and
(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
(21) REGULATORY 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 a designated height.
(22) SPECIAL FLOOD HAZARD AREA. See AREA OF SPECIAL FLOOD HAZARD.
(23) SPECIAL HAZARD AREA. An area having special flood, mudslide (i.e., mudflow), or flood-related erosion hazards, and shown on a FIRM as Zone A, AO, A1-30, AE, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, A99, AH, VO, V1-30, VE, V, M, or E.
(24) START OF CONSTRUCTION. (For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. 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 part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
(25) STRUCTURE. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. STRUCTURE, for insurance purposes, means:
(a) A building with 2 or more outside rigid walls and a fully secured roof, that is affixed to a permanent site;
(b) A manufactured home that is affixed to a permanent foundation; or
(c) A travel trailer without wheels built on a chassis and affixed to a permanent foundation, that is regulated under the community's floodplain management and building ordinances or laws. For the latter purpose, STRUCTURE does not mean a recreational vehicle or a park trailer or other similar vehicle, or a gas or liquid storage tank.
(26) SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged condition would equal or exceed 50% of the assessed county director of equalization value of the structure before the damage occurred.
(27) SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the assessed county director of equalization value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by a code enforcement official and which are the minimum necessary to assure safe living conditions; or
(b) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
(28) VIOLATION. The failure of a structure or other development to be fully compliant with the city's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in division (G) of this section is presumed to be in violation until such time as that documentation is provided.
(F) Generally. The City Engineer or designee is hereby appointed the Floodplain Administrator to implement the provisions of this chapter and other appropriate sections of the NFIP Regulations and 44 CFR pertaining to floodplain management. The flood plain and special flood hazard areas are denoted on a Flood Insurance Rate Map with effective date of December 30, 2020 for the City of Vermillion, South Dakota, according to the following criteria and requirements.
(G) Criteria and requirements.
(1) Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334;
(2) Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. All new construction and substantial improvements, including the placement of prefabricated buildings and manufactured homes, shall:
(a) Be designed, or modified, and adequately anchored to prevent flotation, collapse, or lateral movement of the structure;
(b) Be constructed with materials and utility equipment resistant to flood damage; and
(c) Be constructed by methods and practices that minimize flood damage;
(3) Review subdivision proposals and other proposed new developments to determine whether the proposals will be reasonably safe from flooding. Proposals shall be reviewed to assure that:
(a) All the proposals are consistent with the need to minimize flood damage within the flood-prone area;
(b) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage;
(c) Adequate drainage is provided to reduce exposure to flood hazards; and
(d) Construction has electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
(4) Require new and replacement water supply systems to be designed to minimize or eliminate infiltration of floodwaters into the systems;
(5) Require:
(a) New and replacement sanitary sewer systems to be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters; and
(b) On-site waste disposal systems to be located to avoid impairment to them or contamination from them during flooding;
(6) Require that all subdivision proposals and other proposed new developments greater than 50 lots or 5 acres, whichever is the lesser, include within the proposals base flood elevation data;
(7) Obtain, review, and reasonably utilize any base flood elevation data available from a federal, state, or other source, until the other data has been provided by the Building Inspector, as criteria for requiring:
(a) All new construction and substantial improvements of residential structures have the lowest floor, including basement, elevated to or above the base flood level; and
(b) All new construction and substantial improvements of nonresidential structures have the lowest floor, including basement, elevated or floodproofed to or above the base flood level;
(8) For the purpose of the determination of applicable flood insurance risk premium rates within Zone A on a community's FIRM:
(a) Obtain the elevation, in relation to mean sea level, of the lowest habitable floor, including basement, of all new or substantially improved structures, and whether or not the structures contain a basement;
(b) Obtain, if the structure has been floodproofed, the elevation, in relation to mean sea level, to which the structure was floodproofed; and
(c) Maintain a record of all the information with the Building Inspector;
(9) Notify, in riverine situations, adjacent communities and the state coordinating office prior to any alteration or relocation of a watercourse, and submit copies of the notifications to the administrator;
(10) Assure that the floodcarrying capacity within the altered or relocated portion of any watercourse is maintained;
(11) Require that all manufactured homes to be placed within Zone A on a community's FIRM shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that:
(a) Over-the-top ties be provided at each of the 4 corners of the mobile home, with 2 additional ties per side at intermediate locations and manufactured homes less than 50 feet long requiring 1 additional tie per side;
(b) Frame ties be provided at each corner of the home with 5 additional ties per side at intermediate points and manufactured homes less than 50 feet long requiring 4 additional ties per side;
(c) All components of the anchoring system be capable of carrying a force of 4,800 pounds; and
(d) Any additions to the mobile home be similarly anchored;
(12) Require that an evacuation plan indicating alternate vehicular access and escape routes be filed with the appropriate disaster preparedness authorities for mobile home parks and mobile home subdivisions located within Zone A on the community's FIRM;
(13) When the City Manager or designee has designated areas of special flood hazards (A Zones) by the publication of a community’s FIRM, but has neither produced water surface elevation data nor identified a floodway area, the community shall:
(a) Require permits for all proposed construction and other developments including the placement of manufactured homes, within Zone A on the FIRM; and
(b) Require the application of standards in paragraphs (G)(1), (G)(2), (G)(3), (G)(4), and (G)(5) to development within Zone A on the FIRM.
(H) Permit procedures.
(1) Application for a permit shall be presented to the Building Inspector on forms furnished by him/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;
(b) Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed;
(c) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Article 5, Section B(2);
(d) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development;
(e) Maintain a record of all such information in accordance with Article 4, Section B(l). Approval or denial of a development permit by the Floodplain Administrator shall be based on all of the provisions of this section and the following relevant factors:
1. The danger to life and property due to flooding or erosion damage;
2. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
3. The danger that materials may be swept onto other lands to the injury of others;
4. The compatibility of the proposed use with existing and anticipated development;
5. The safety of access to the property in times of flood for ordinary and emergency vehicles;
6. The cost 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;
7. 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;
8. The necessity to the facility of a waterfront location, where applicable;
9. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and
10. The relationship of the proposed use to the comprehensive plan for that area.
(I) Variance procedures.
(1) The Board of Appeals shall hear and render judgment on requests for variances from the requirements of division (G) of this section.
(2) The Board of Appeals shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the City Manager or designee or Building Inspector in the enforcement or administration of division (G) of this section.
(3) Any person or persons aggrieved by the decision of the Board of Appeals may appeal such decision in the courts of competent jurisdiction.
(4) The City Manager or designee or Building Inspector shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency and the State Office of Emergency Management upon issuing a variance.
(5) Variances may be issued for new construction and substantial improvements to be erected on a lot of ½ acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in division (I)(9) below have been fully considered. As the lot size increases beyond the ½ acre, the technical justification required for issuing the variance increases.
(6) Upon consideration of the factors noted above and the intent of this section, the Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this section.
(7) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(8) Variances may be issued for the repair or rehabilitation of historic structures upon a 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.
(9) Prerequisites for granting variances:
(a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(b) Variances shall only be issued upon:
1. Showing a good and sufficient cause;
2. Determination that failure to grant the variance would result in exceptional hardship to the applicant; and
3. 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 or ordinances.
4. Any application to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(10) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:
(a) The criteria outlined in division (I)(l) through (I)(9) above are met; and
(b) The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
(J) Penalty and violation. No structure or land shall hereafter be constructed, developed, located, extended, converted, or altered without full compliance with the terms of division (G) of this section and other applicable regulations. Any person who violates division (G) of this section or fails to comply with any of its requirements shall be subject to a penalty in accordance with § 10.99 of the City of Vermillion Code of Ordinances.
(1975 Code, § 7-35) (Ord. 705, passed 5-2-1977; Am. Ord. 1231, passed 4-19-2010; Am. Ord. 1424, passed 11-2-2020)