[R.O. 2012 §401.010; Ord. No. 88-10-2 §34, 10-3-1988; Ord. No. 03-4-4, 4-7-2003; Ord. No. 15-07-08 §1, 7-20-2015; Ord. No. 23-01-03, 1-17-2023]
The legislature of the State of Missouri has delegated the responsibility
to local governmental units to adopt zoning regulations designed to
protect the health, safety and general welfare pursuant to Sections
77.260 and 89.020, RSMo.
[R.O. 2012 §401.020; Ord. No. 88-10-2 §34, 10-3-1988; Ord. No. 03-4-4, 4-7-2003; Ord. No. 15-07-08 §2, 7-20-2015; Ord. No. 23-01-03, 1-17-2023]
A.
Flood Losses Resulting From Periodic Inundation. The flood hazard
areas of the City of Excelsior Springs 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 These Flood Losses. These flood losses are caused
by:
C.
Methods Used To Analyze Flood Hazards. The Flood Insurance Study
(FIS) that is the basis of this Chapter uses a standard engineering
method of analyzing flood hazards, which consist of a series of interrelated
steps.
1.
Selection of a base flood that 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 selected for this Chapter is representative of
large floods known to have occurred in this region and 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 occur, on the average, once every one hundred
(100) years, or has a one percent (1%) chance of occurrence in any
one (1) year, as delineated on the Federal Insurance Administrator's
FIS and illustrative materials dated August 3, 2015, as amended, and
to any future revisions thereto.
2.
Calculation of water surface profiles based upon a standard
hydraulic engineering analysis of the capacity of the stream channel
and overbank areas to convey the regulatory flood.
3.
Computation of the floodway required to convey this flood without
increasing flood heights more than one (1) foot at any point.
4.
Delineation of floodway encroachment lines within no obstruction
is permitted which would cause any increase in flood height.
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.
D.
Adoption Of Studies. The Flood Insurance Study dated August 3, 2015,
and the accompanying Flood Boundary and Floodway Map and the Flood
Insurance Rate Map are hereby adopted and are incorporated by reference
in this Chapter and any amendments and/or revisions thereto which
may hereafter be published.
[R.O. 2012 §401.030; Ord. No. 88-10-2 §34, 10-3-1988; Ord. No. 03-4-4, 4-7-2003; Ord. No. 23-01-03, 1-17-2023]
A.
Statement Of Purpose: It is the purpose of this Chapter to promote
the public health, safety, and general welfare of the public; to minimize
losses due to flood events; to establish or maintain the community's
eligibility for participation in the National Flood Insurance Program
(NFIP) as defined in 44 Code of Federal Regulations (CFR) § 59.22(a)(3);
and to meet the requirements of 44 CFR § 60.3(d) by applying
the provisions of this Chapter to:
1.
Restrict or prohibit uses which are dangerous to health, safety
or property in times of flooding or cause undue increases in flood
height or velocities;
2.
Require that uses vulnerable to floods, including public facilities
which serve such uses, be provided with flood protection at the time
of initial construction; and
3.
Protect individuals from buying lands which are unsuited for
intended purposes because of flood hazard.
[R.O. 2012 §401.040; Ord. No. 88-10-2 §34, 10-3-1988; Ord. No. 03-4-4, 4-7-2003; Ord. No. 15-07-08 §3, 7-20-2015; Ord. No. 23-01-03, 1-17-2023]
A.
Land To Which Chapter Applies. This Chapter shall apply to all lands within the jurisdiction of the City of Excelsior Springs, Missouri identified as numbered and unnumbered A Zones and AE Zones on the Flood Insurance Rate Maps (FIRMs) for Clay County on map panels 29047C0090E, 29047C0158E, 29047C0159E, 29047C0160E, 29047C0176E, 29047C0177E, 29047C0178E, and 29047C0179E, dated August 3, 2015, as amended, and any future revisions thereto. In all areas covered by this Chapter, no development shall be permitted except through the issuance of a floodplain development permit granted by the Director of Community Development under the provisions established in Chapter 404.
B.
The Floodplain Administrator. The Director of Community Development
of the City is hereby designated as the Floodplain Administrator under
this Chapter.
C.
Rules For Interpretation Of District Boundaries. The boundaries of
the Floodway and Floodway Fringe Overlay Districts shall be determined
by reviewing the Flood Boundary and Floodway Map, the Flood Insurance
Study or other available data. Where interpretation is needed as to
the exact location of the boundaries of the districts, the Director
of Community Development shall maintain the Flood Boundary and Floodway
Map, Flood Insurance Study and other engineering studies relating
to flood data. In such cases where the interpretation is contested,
the Board of Zoning Adjustment (BZA) will resolve the dispute. The
owner of the property of which the regulatory flood elevation is in
question shall be given a reasonable opportunity to present his/her
case to the Board of Zoning Adjustment and to submit his/her own technical
evidence, if he/she so desires.
D.
Compliance. No development located within known flood hazard areas
of this community shall be located, extended, converted or structurally
altered without full compliance with the terms of this Chapter and
other applicable regulations.
E.
Abrogation And Greater Restrictions. It is not intended by this Chapter
to repeal, abrogate or impair any existing easements, covenants or
deed restrictions. However, where this Chapter imposes greater restrictions,
the provision of this Chapter shall prevail. All other ordinances
inconsistent with this Chapter are hereby repealed to the extent of
the inconsistency only.
F.
Interpretation. The provisions of this Chapter shall be held to be
minimum requirements and shall not be deemed a limitation or repeal
of any other powers granted by State Statutes.
G.
Warning And Disclaimer Of Liability. The degree of flood protection
required by this Chapter is considered reasonable for regulatory purposes
and is based on engineering and scientific methods of study. Larger
floods may occur on rare occasions or the flood height may be increased
by manmade or natural causes, such as ice jams and bridge opening
restricted by debris. This Chapter does not imply that areas within
Floodway and Floodway Fringe District boundaries or land uses permitted
within such districts will be free from flooding or flood damages.
This Chapter shall not create liability on the part of the City of
Excelsior Springs or any officer or employee thereof for any flood
damages that may result from reliance on this Chapter or any administrative
decision lawfully made thereunder.
H.
Severability. If a court of competent jurisdiction adjudges any Section,
clause, provision or portion of this Chapter unconstitutional or invalid,
the remainder of this Chapter shall not be affected thereby.
I.
Appeals. Where the Director of Community Development denies a request
for a permit, the applicant may appeal such denial to the Board of
Zoning Adjustment.
[R.O. 2012 §401.050; Ord. No. 88-10-2 §34, 10-3-1988; Ord. No. 03-4-4, 4-7-2003; Ord. No. 15-07-08 §4, 7-20-2015; Ord. No. 23-01-03, 1-17-2023]
A.
Permit Required. A floodplain development permit shall be required for all proposed construction or other development, including the placement of manufactured homes, in the areas identified in Section 401.040(A). No person, firm, corporation, or unit of government shall initiate any development or substantial-improvement of cause the same to be done without first obtaining a separate floodplain development permit for each structure or other development.
B.
The Director of Community Development is hereby appointed as Floodplain
Administer to administer and implement the provisions of this ordinance.
The duties of the Floodplain Administer, shall include, but not be
limited to:
1.
Review all flood development permits to assure that sites are
reasonably safe from flooding and that the permit requirements of
this Chapter have been satisfied.
2.
Review permits for proposed development to assure that all necessary
permits have been obtained from those Federal, State or local governmental
agencies from which prior approval is required.
3.
Notify adjacent communities and the State Emergency Management
Agency (SEMA) prior to any alteration or relocation of a watercourse
and shall submit evidence of such notification to the Federal Emergency
Management Agency (FEMA).
4.
Assure that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
5.
Verify, record and maintain record of the actual elevation (in
relation to mean sea level) of the lowest floor (including basement)
of all new or substantially improved structures.
6.
Verify, record and maintain record of the actual elevation (in
relation to mean sea level) to which the new or substantially improved
non-residential structures have been floodproofed.
7.
When floodproofing is utilized for a particular non-residential
structure, the Director of Community Development shall be presented
certification from a registered professional engineer or architect.
8.
Review all subdivision proposals and other proposed new development
to determine whether such proposals will be reasonably safe from flooding.
9.
Issue floodplain development permits for all approved applications.
C.
Application For Floodplain Development Permit.
1.
To obtain a floodplain development permit, the applicant shall
first file an application in writing on a form furnished for that
purpose. Every floodplain development permit application shall:
a.
Identify and describe the work to be covered by the floodplain
development permit for which application is made;
b.
Describe the land on which the proposed work is to be done by
lot, block, tract, house and street address, or similar description
that will readily identify and specifically locate the proposed structure
or work;
c.
Indicate the use or occupancy for which the proposed work is
intended;
d.
Be accompanied by plans and specifications for proposed construction;
e.
Be signed by the permittee or his/her authorized agent who may
be required to submit evidence to indicate such authority;
f.
Specify whether development is located in designated flood fringe
or floodway;
g.
Identify the existing base flood elevation (BFE) and the elevation
of the proposed development;
h.
Give such other information as reasonably may be required by
the Director of Community Development;
i.
Within designated flood-prone areas, be accompanied by elevation
of the lowest flood including basement or in the case of floodproofed
non-residential structures, the elevation to which it has been floodproofed.
The Director of Community Development will maintain documentation
or certification of such elevations;
j.
Give such additional information as may be required by the Director
of Community Development such as:
(1)
Typical valley cross-sections and profile showing
the channel of the stream, elevation of land areas adjoining each
side of the channel, cross-sectional areas to be affected by the proposed
development and elevation of the 100-year flood.
(2)
Plan, surface view showing elevations or contours
of the ground; pertinent structure, fill or storage elevations; size,
location and spatial arrangement of all proposed and existing structures
on the site; location and elevations of streets, water supply, sanitary
facilities, photographs showing existing land uses and vegetation
upstream and downstream, soil types, and other pertinent information.
2.
The Director of Community Development shall review all flood
development permit applications to determine if the site of the proposed
development meets the provisions of this Chapter and that all necessary
permits have been received as required by Federal or State law.
[R.O. 2012 §401.060; Ord. No. 88-10-2 §34, 10-3-1988; Ord. No. 03-4-4, 4-7-2003; Ord. No. 15-07-08 §5, 7-20-2015; Ord. No. 23-01-03, 1-17-2023]
A.
The mapped floodplain areas within the jurisdiction of this Chapter
are hereby divided into two (2) following districts: A Floodway Overlay
District (FW) identified in the Flood Insurance Study and Floodway
Fringe Overlay District (FF) identified on the Flood Insurance Rate
Map (FIRM). Within these districts all uses not meeting the standards
of this Chapter and those standards of the underlying zoning district
shall be prohibited. These zones shall be consistent with the numbered
and unnumbered A Zones as identified on the official FIRM and identified
in the Flood Insurance Study provided by the Federal Insurance Administration.
B.
Standards For The Floodway Overlay District And Floodway Fringe Overlay
District.
1.
No permit for floodplain development shall be granted for new
construction, substantial improvements and other improvements unless
the conditions of the Section are satisfied.
2.
All areas identified as unnumbered A Zones on the FIRM are subject
to inundation of the 100-year flood; however, the base flood elevation
is not provided. The unnumbered A Zones shall be subject to all development
provisions of this Chapter. If Flood Insurance Study data is not available
the community shall utilize any base flood elevation or floodway data
currently available from Federal, State or other sources.
3.
Standards. New construction, substantial improvements and other
developments shall be designed or anchored to prevent the floatation,
collapse or lateral movement of the structure resulting from hydrodynamics
and hydrostatic loads, including the effect of buoyancy, and shall
comply with the following:
a.
New or replacement water supply systems and/or sanitary sewage
systems shall be designed to eliminate or minimize infiltration of
floodwaters into the systems and discharges from the systems into
floodwaters, and on-site waste disposal systems shall be located so
as to avoid impairment of them or contamination from beyond applicable
environmental control limits during flooding;
b.
Use construction materials and utility equipment that are resistant
to flood damage, and use construction methods and practices that will
minimize flood damage, consistent with economics practicability;
c.
Utility And Sanitary Facilities. All utility and sanitary facilities
shall be floodproofed up to the regulatory flood protection elevation
so that space below the regulatory flood protection elevation is watertight
with walls substantially impermeable to the passage of water with
structural components that have the capability of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy;
d.
Provide that until a floodway is designated, no development, including landfill, may be permitted within the 100-year floodplain unless the applicant for the land use has demonstrated that the proposed use, when combined with all other existing and reasonably anticipated uses, will not increase the water surface elevation of the 100-year flood more than one (1) foot on the average cross-section of the reach in which the development or landfill is located as shown on the Flood Boundary and Floodway Map incorporated by referencing Section 401.020(C)(1);
e.
All electrical, heating, ventilation, plumbing, air-conditioning
equipment and other service facilities be designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding.
f.
Storage, Material, And Equipment.
(1)
The storage or processing of materials that are
in time of flooding buoyant, flammable, explosive, or could be injurious
to human, animal, or plant life is prohibited.
(2)
Storage of other material or equipment may be allowed
if not subject to major damage by floods, if firmly anchored to prevent
flotation, or if readily removable from the area within the time available
after a flood warning.
[R.O. 2012 §401.070; Ord. No. 88-10-2 §34, 10-3-1988; Ord. No. 03-4-4, 4-7-2003; Ord. No. 23-01-03, 1-17-2023]
A.
Permitted Uses. Only uses having a low-flood damage potential and not obstructing flood flows shall be permitted within the Floodway Overlay District to the extent they are not prohibited by any other Chapter. In unnumbered A zones, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State, or other sources. All encroachments, including fill, new construction, substantial improvements and other developments shall be prohibited unless certification by a professional registered engineer or architect is provided demonstrating that encroachment shall not result in any increase in flood levels during occurrence of the base flood discharge, no use shall increase the flood levels of the regulatory flood elevation. These uses are subject to the standards of Sections 401.060(B) and 401.080. Permitted uses shall meet the standards established in Section 401.060(B)(3). The following uses are permitted:
1.
Agricultural uses such as general farming, pastures, nurseries
and forestry.
2.
Residential uses such as lawns, gardens and yard areas.
3.
Non-residential uses such as loading areas, parking, landing
strips.
4.
Public and private recreational uses such as golf courses, archery
ranges, picnic grounds, parks, wildlife and nature preserves.
B.
Prohibited Uses. Mobile homes, mobile home parks, mobile home subdivisions
or mobile home sales and display areas shall be prohibited.
[R.O. 2012 §401.080; Ord. No. 88-10-2 §34, 10-3-1988; Ord. No. 03-4-4, 4-7-2003; Ord. No. 15-07-08 §§6 — 8, 7-20-2015; Ord.
No. 23-01-03, 1-17-2023]
A.
Permitted Uses. Any uses identified in Section 401.070(A) shall be permitted as well as uses allowed in the underlying zoning district in accordance with standards established below and those established in Section 401.060(B)(3).
B.
Standards For The Floodway Fringe Overlay District. In addition to the standards established under Section 401.060(B)(3), the following requirements shall apply to development within the Floodway Fringe Overlay District:
1.
Residential Construction. New construction or substantial improvement
of residential structures shall have the lowest floor, including basement,
elevated to or above a point one (1) foot above the 100-year flood
elevation.
2.
Non-residential construction. New construction or substantial
improvements to non-residential structures shall have the lowest floor,
including basement, elevated to or above a point one (1) foot above
the 100-year flood elevation or, together with attendant utility and
sanitary facilities, to be floodproofed to that level.
3.
Subdivision Proposal. Subdivision proposals and other proposals
for new development be required to assure that:
a.
All such proposals are consistent with the need to minimize
flood damage;
b.
All public utilities and facilities such as sewer, gas, electrical
and water system are located, elevated and constructed to eliminate
or minimize flood damage;
c.
Adequate drainage is provided so as to reduce exposure to flood
hazards;
d.
Proposals for development of five (5) acres or fifty (50) lots,
whichever is less, are included within such proposals of the regulation
flood elevation.
C.
Require for all new construction and substantial improvements that
fully enclosed areas below the lowest floor used solely for parking
of vehicles, building access or storage in an area other than a basement
and that are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwater. Designs for meeting this requirement
must either be certified by a registered professional engineer or
architect or meet or exceed the following minimum criteria: A minimum
of two (2) openings having a total net area of not less than one (1)
square inch for every square foot of enclosed area subject to flooding
shall be provided. The bottom of all openings shall be no higher than
one (1) foot above grade. Openings may be equipped with screens, louvers,
valves, or other coverings or devices provided that they permit the
automatic entry and exit of floodwater.
D.
Prohibited Use. Mobile homes, mobile home parks, mobile home subdivisions
or mobile home sales and display area shall be prohibited.
E.
Certification Of Floodproofing. Floodproofing of residential structures
is prohibited by order of the Federal Emergency Management Agency.
For the floodproofing on existing non-residential structures applications
shall provide certification by a licensed professional engineer or
architect that the floodproofing plans are adequate to be watertight
with walls impermeable to the passage of water and can withstand the
hydrostatic and hydrodynamic forces associated with the 100-year flood.
In addition, the applicant shall provide information identifying
the specific elevation in relation to mean sea level to which such
structures are floodproofed. This information shall be submitted to
the Director of Planning and Zoning at the time a permit is requested
and shall be approved by that official. In the case of a new construction,
elevation is the only acceptable alternative.
F.
Non-Conforming Use and Restoration. In addition to the requirements established in Section 400.050 of this Zoning Chapter, the following requirements shall apply:
1.
A structure or use of structure or premises which was lawful before the passage of Section 404.070 but which is not in conformity with the provisions of Section 404.070 may be continued subject to the following conditions:
a.
No such use or substantial improvement of that use shall be
expanded, changed, enlarged or altered in any way which will increase
its non-conformity;
2.
If any non-conforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty percent (50%) of its market value before the damage occurred, as determined by the Clay County Assessor's Office, unless it is reconstructed in conformity with the provisions established in Section 401.020. This limitation does not include the cost of any alteration to comply with existing State or local health, sanitary, building or safety codes or regulations or the costs of any alteration of a structure listed on the National Register of Historic Places or a State inventory of historic places.
G.
Variances and Variance Procedures. The Board of Adjustment shall hear and decide appeals and requests for variances from the requirements of this Chapter; provided, however, that no variance shall be granted that does not comply with the requirements of the National Flood Insurance Program or Title 44 of the Code of Federal Regulations, as amended. All requests for appeals and variances shall follow the procedures established in Section 404.080 of this Code, and Sections 89.100 and 89.110, RSMo.
H.
Variances For Historic Places. Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed on the National
Register of Historic Places or the State inventory of historic places,
without regard to the procedures set forth in the remainder of this
Section.
I.
Additional Conditions For Variances. In addition to the conditions established in Section 404.080, the Board of Adjustment, in passing upon variance applications, shall consider all technical evaluations, all relevant factors, standards specified in the Sections of this Chapter, and:
1.
The danger that materials may be swept onto other lands to the
injury of others.
2.
The danger of life and property due to flooding or erosion damage.
3.
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner.
4.
The importance of the services provided by the proposed facility
to the community.
5.
The necessity to the facility of a waterfront location, where
applicable.
6.
The availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use.
7.
The compatibility of the proposed use with existing and anticipated
development.
8.
The relationship of the proposed use to the comprehensive land
and floodplain management program for that area.
9.
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
10.
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwater and the effects of wave action, if applicable,
expected at the site.
11.
The costs of providing governmental services during and after
flood conditions including maintenance and repair of public utilities
and facilities such as sewer, gas, electrical and water systems, and
streets and bridges.
12.
Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
13.
Variances shall only be issued upon:
a.
A showing of good and sufficient cause;
b.
A determination that failure to grant the variance would result
in exceptional hardship to the applicant; and
c.
A 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.
14.
Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood discharge would
result.
15.
Upon consideration of the factors listed above and the purpose
of this Chapter, the Board of Adjustment may attach such conditions
to the granting of variances as it deems necessary to further the
purpose of this Chapter.
16.
Flood insurance requirements remain in place for any varied
use or structure and cannot be varied.
J.
Reporting Of Variances.
1.
Any applicant to whom a variance is granted shall be given a
written notice that the cost of flood insurance will be commensurate
with the increased risk resulting from the reduced lowest floor elevation.
2.
The Director of Community Development shall maintain the records
of all appeal actions and report all variances to the Federal Insurance
Administration at the time the annual report is submitted.
3.
The Floodplain Administrator shall notify the applicant in writing
that (1) the issuance of a variance to construct a structure below
base flood level will result in increased premium rates for flood
insurance up to amounts as high as twenty-five dollars ($25.00) for
one hundred dollars ($100.00) of insurance coverage and (2) such construction
below the base flood level increases risks to life and property. Such
notification shall be maintained with the record of all variance actions
as required by this Chapter.
[R.O. 2012 §401.090; Ord. No. 88-10-2 §34, 10-3-1988; Ord. No. 03-4-4, 4-7-2003; Ord. No. 15-07-08 §9, 7-20-2015; Ord. No. 23-01-03, 1-17-2023]
Unless specifically defined below, words or phrases used in
this Chapter shall be interpreted so as to give them the same meaning
as they have in common usage and so as to give this Chapter its most
reasonable application.
The base flood having one percent (1%) chance of annual occurrence.
A structure that is on the same parcel of property as the
principal structure to be insured and the use of which is incidental
to the use of the principal structure.
Those rates established by the Administrator pursuant to
individual community studies and investigations which are undertaken
to provide flood insurance in accordance with 42 U.S.C. 4014 and the
accepted actual principles. Actuarial rates include provision for
operations costs and allowances.
The Federal Insurance Administrator.
The Federal Emergency Management Agency.
Agricultural products and livestock.
Any structure used exclusively in connection with the production,
harvesting, storage, drying or raising of agricultural commodities.
A request for a review of the Director of Planning and Zoning's
interpretation of any provision of this Chapter or a request for a
variance.
The land in the floodplain within a community subject to
one percent (1%) or greater chance of flooding in any given year.
See "100-year flood."
Any area of the structure having its floor subgrade (below
ground level) on all sides.
See "STRUCTURE."
A natural or artificial watercourse of perceptible extent
with a definite bed and banks to confine and conduct continuously
or periodically flowing water. Channel flow thus is that water which
is flowing within the limits of a defined channel.
Any State or area of political subdivision thereof which
has authority to adopt and enforce floodplain management regulations
for the areas within its jurisdiction.
Any manmade change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, levees,
levee systems, mining, dredging, filling, grading, paving, excavation
or drilling operations, or storage of equipment or materials.
For insurance purposes, a non-basement building that has
its lowest elevated floor raised above ground level by foundation
walls, shear walls, posts, piers, pilings or columns.
A community for which the Administrator has authorized the
sale of flood insurance under the National Flood Insurance Program
(NFIP).
For the purpose of determining rates, structures for which
the "start of construction" commenced before the effective date of
the FIRM or before January 1, 1975, for FIRMs effective before that
date. "Existing construction" may also be referred to as "existing
structure".
A temporary rise in stream flow or stage that results in
water overlapping its banks and inundating areas adjacent to the channel.
An unusual and rapid accumulation of runoff or surface waters from
any source.
A determination of the water surface elevations of the 100-year
flood; that is, the level of flooding that has a one percent (1%)
chance of occurrence in any given year.
An examination, evaluation and determination of flood hazards.
An official map of a community on which the Flood Insurance
Study has delineated the flood hazard boundaries and the zones establishing
insurance rates applicable to the community.
The official report provided by the Federal Insurance Administration.
The report contains flood profiles and water surface elevations of
the 100-year flood.
Those physical structural works constructed specifically
to modify flooding in order to reduce the extent of the area within
a community subject to a "special flood hazard." Such a system typically
includes levees or dikes. These specialized modifying works are constructed
in conformance with sound Federal engineering standards.
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including, but not limited to,
emergency preparedness plan, flood control works and floodplain management
regulations.
Any combination of structural and non-structural additions,
changes or adjustments to structures, including utility and sanitary
facilities, which would preclude the entry of water. Structural components
shall have the capability of resisting hydrostatic and hydrodynamic
loads and the effect of buoyancy.
The channel of a river or other watercourse and the adjacent
portion of the floodplain that must be reserved in order to discharge
the 100-year flood without cumulatively increasing the water surface
elevation more than one (1) foot.
That area of the floodplain, outside of the floodway, that
on the average is likely to be flooded once every one hundred (100)
years (i.e., that has a one percent (1%) chance of flood occurrence
in any one (1) year).
A factor of safety usually expressed in feet above a flood
level for purposes of flood plain management. Freeboard trends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, clogged bridge openings,
and the hydrological effect of urbanization of the watershed.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
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;
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 the Secretary
to qualify as a registered historic district;
Individually listed on a State inventory of historic places
in States with historic preservation programs which have been approved
by the Secretary of the Interior;
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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 that
such enclosure is not built so as to render the structure in violation
of the applicable floodproofing design requirements of this Chapter.
For purposes of the National Flood Insurance Program (NFIP),
the National Geodetic Vertical Datum (NGVD) of 1929 or other datum
to which base flood elevations shown on a community's Flood Insurance
Rate Map (FIRM) are referenced.
A structure, transportable in one (1) or more sections, which
is 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. Mobile
home shall also refer to manufactured homes not inspected to local
Building Code standards.
A parcel (or continuous parcels) of land which has been divided
into two (2) or more lots for rent or sale and the placement of mobile
homes.
Those structures where new construction or substantial improvement
of which is begun after December 31, 1974, or the effective date of
the FIRM, whichever is later. For floodplain management purposes,
"new construction" means structures for which the "start of construction"
commenced on or after the effective date of the floodplain management
regulations adopted by a community and includes any subsequent improvements
to such structures.
National Flood Insurance Program.
A district which acts in conjunction with the underlying
zoning district or districts.
A vehicle which is:
Built on a single chassis;
Four hundred (400) square feet or less when measured at the
largest horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
An elevation one (1) foot higher than the water surface elevation
of the regulatory flood.
An area having special flood hazards and shown on a Flood
Hazard Boundary Map (FHBM), Flood Insurance Rate Map (FIRM) or Flood
Boundary and Floodway Map (FBFM) as Zones (unnumbered and numbered)
A and AE.
(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,
placement, or other improvement was within one hundred eighty (180)
days of the permit date. The "actual start" means 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 constructions
of columns, or any work beyond the stage of excavation or the placement
of a manufactured home on a foundation.
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Permanent construction does not 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.
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For floodplain management purposes, means a walled and roofed
structure, including a gas or liquid storage tank, that is principally
above the ground, including but without limitation to buildings, factories,
sheds, cabins, mobile homes, and other similar uses. "Structure",
for insurance purposes, means a walled and roofed building, other
than a gas or liquid storage tank, that is principally above ground
and affixed to a permanent site. For the latter purpose, the term
includes a building while in the course of construction, alteration
or repair, but does not include building materials or supplies intended
for use in such construction, alteration or repair, unless such materials
or supplies are within an enclosed building on the premises.
Any repair, reconstruction, rehabilitation, addition or other
improvement of a structure, the cost of which equals or exceeds fifty
percent (50%) of the market value of the structure, as determined
by the Clay County Assessor's Office, before the "start of construction"
of the improvement. This term includes structures that have incurred
"substantial damage", regardless of the repair work performed. This
term does not, however, include either:
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary or safety code specifications
that have been identified by the local Code Enforcement Official and
which are the minimum necessary to assure safe living conditions,
or
Any alteration of a "historic structure", provided that the
alteration will not preclude the structure's continued designation
as a "historic structure".
A grant of relief to a person from the requirements of this
Chapter which permits construction in a manner otherwise prohibited
by this Chapter where specific enforcement would result in unnecessary
hardship.
