[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]
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]
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.
General Causes Of These Flood Losses. These flood losses are caused by:
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.
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.
[Ord. No. 15-07-08 §2, 7-20-2015]
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.
Computation of the floodway required to convey this flood without increasing flood heights more than one (1) foot at any point.
Delineation of floodway encroachment lines within no obstruction is permitted which would cause any increase in flood height.
Delineation of floodway fringe, i.e., that area outside the floodway encroachment lines but which still is subject to inundation by the base flood.
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.
[Ord. No. 15-07-08 §2, 7-20-2015]
[R.O. 2012 §401.030; Ord. No. 88-10-2 §34, 10-3-1988; Ord. No. 03-4-4, 4-7-2003]
Statement Of Purpose. It is the purpose of this Chapter to promote the public health, safety and general welfare; to minimize those losses described in Section 401.020(A); to 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:
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;
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
Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard; and
To assure that eligibility is maintained for property owners in the community to purchase flood insurance in the National Flood Insurance Program.
[R.O. 2012 §401.040; Ord. No. 88-10-2 §34, 10-3-1988; Ord. No. 03-4-4, 4-7-2003]
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 Planning and Zoning under the provisions established in Chapter 404.
[Ord. No. 15-07-08 §3, 7-20-2015]
The Floodplain Administrator. The Director of Planning and Zoning of the City is hereby designated as the Floodplain Administrator under this Chapter.
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 Planning and Zoning 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.
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.
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.
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.
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.
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.
Appeals. Where the Director of Planning and Zoning 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]
Permit Required. No person, firm or corporation shall initiate any development or substantial improvement within the areas identified in Section 401.040(A) or cause the same to be done without first obtaining a flood development permit as may be appropriate.
[Ord. No. 15-07-08 §4, 7-20-2015]
The Director of Planning and Zoning shall perform, but not be limited to:
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.
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.
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).
Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
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.
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.
When floodproofing is utilized for a particular non-residential structure, the Director of Planning and Zoning shall be presented certification from a registered professional engineer or architect.
Review all subdivision proposals and other proposed new development to determine whether such proposals will be reasonably safe from flooding.
Issue floodplain development permits for all approved applications.
Application For Floodplain Development Permit.
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:
Identify and describe the work to be covered by the floodplain development permit for which application is made;
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;
Indicate the use or occupancy for which the proposed work is intended;
Be accompanied by plans and specifications for proposed construction;
Be signed by the permittee or his/her authorized agent who may be required to submit evidence to indicate such authority;
Specify whether development is located in designated flood fringe or floodway;
Identify the existing base flood elevation (BFE) and the elevation of the proposed development;
Give such other information as reasonably may be required by the Director of Planning and Zoning;
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 Planning and Zoning Director will maintain documentation or certification of such elevations;
Give such additional information as may be required by the Director of Planning and Zoning such as:
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 one hundred (100) year flood.
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.
The Director of Planning and Zoning 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]
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.
Standards For The Floodway Overlay District And Floodway Fringe Overlay District.
No permit for floodplain development shall be granted for new construction, substantial improvements and other improvements unless the conditions of the Section are satisfied.
All areas identified as unnumbered A Zones on the FIRM are subject to inundation of the one hundred (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.
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:
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;
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;
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;
Provide that until a floodway is designated, no development, including landfill, may be permitted within the one hundred (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 one hundred (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);
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.
Storage, material, and equipment.
[Ord. No. 15-07-08 §5, 7-20-2015]
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.
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]
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. All encroachments, including fill, new construction, substantial improvements and other developments must 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:
Agricultural uses such as general farming, pastures, nurseries and forestry.
Residential uses such as lawns, gardens and yard areas.
Non-residential uses such as loading areas, parking, landing strips.
Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks, wildlife and nature preserves.
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]
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:
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 one hundred (100) year flood elevation.
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 one hundred (100) year flood elevation or, together with attendant utility and sanitary facilities, to be floodproofed to that level.
Subdivision proposal. Subdivision proposals and other proposals for new development be required to assure that:
All such proposals are consistent with the need to minimize flood damage;
All public utilities and facilities such as sewer, gas, electrical and water system are located, elevated and constructed to eliminate or minimize flood damage;
Adequate drainage is provided so as to reduce exposure to flood hazards;
Proposals for development of five (5) acres or fifty (50) lots, whichever is less, are included within such proposals of the regulation flood elevation.
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.
Prohibited Use. Mobile homes, mobile home parks, mobile home subdivisions or mobile home sales and display area shall be prohibited.
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 one hundred (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.
Non-Conforming Use And Restoration. In addition to the requirements established in Section 400.050 of this Zoning Chapter, the following requirements shall apply:
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:
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;
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 actual cash value before the damage occurred, 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.
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.
[Ord. No. 15-07-08 §6, 7-20-2015]
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.
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:
The danger that materials may be swept onto other lands to the injury of others.
The danger of life and property due to flooding or erosion damage.
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
The importance of the services provided by the proposed facility to the community.
The necessity to the facility of a waterfront location, where applicable.
The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.
The compatibility of the proposed use with existing and anticipated development.
The relationship of the proposed use to the comprehensive land and floodplain management program for that area.
The safety of access to the property in times of flood for ordinary and emergency vehicles.
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.
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.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
Variances shall only be issued upon:
A showing of good and sufficient cause;
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
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.
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
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.
Flood insurance requirements remain in place for any varied use or structure and cannot be varied.
[Ord. No. 15-07-08 §7, 7-20-2015]
Reporting Of Variances.
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.
The Building Officials 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.
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.
[Ord. No. 15-07-08 §8, 7-20-2015]
[R.O. 2012 §401.090; Ord. No. 88-10-2 §34, 10-3-1988; Ord. No. 03-4-4, 4-7-2003]
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.
- ACCESSORY STRUCTURE
- Or "appurtenant structure" is 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.
- ACTUARIAL RATES
- Or "risk premium rates" are 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 COMMODITIES
- Agricultural products and livestock.
- AGRICULTURAL STRUCTURE
- 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.
- AREA OF SPECIAL FLOOD HAZARD
- The land in the floodplain within a community subject to one percent (1%) or greater chance of flooding in any given year.
- BASE FLOOD
- 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.
- ELEVATED BUILDING
- 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.
- ELIGIBLE OR PARTICIPATING COMMUNITY
- A community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).
- EXISTING CONSTRUCTION
- 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.
- FLOOD ELEVATION DETERMINATION
- A determination of the water surface elevations of the one hundred (100) year flood; that is, the level of flooding that has a one percent (1%) chance of occurrence in any given year.
- FLOOD ELEVATION STUDY
- An examination, evaluation and determination of flood hazards.
- FLOOD INSURANCE RATE MAP (FIRM)
- 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.
- FLOOD INSURANCE STUDY (FIS)
- The official report provided by the Federal Insurance Administration. The report contains flood profiles and water surface elevations of the one hundred (100) year flood.
- FLOOD PROTECTION SYSTEMS
- 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.
- FLOODPLAIN MANAGEMENT
- 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 one hundred (100) year flood without cumulatively increasing the water surface elevation more than one (1) foot.
- FLOODWAY FRINGE
- 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.
- HIGHEST ADJACENT GRADE
- The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
- HISTORIC STRUCTURE
- Any structure that is:
- 1. 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;
- 2. 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;
- 3. 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;
- 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
- 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 that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this Chapter.
- MEAN SEA LEVEL
- 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.
- MOBILE HOME
- 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.
- MOBILE HOME PARK (SUBDIVISION)
- Means 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.
- NEW CONSTRUCTION
- Means 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.
- OVERLAY DISTRICT
- A district which acts in conjunction with the underlying zoning district or districts.
- RECREATIONAL VEHICLE
- A vehicle which is:[Ord. No. 15-07-08 §9, 7-20-2015]
- 1. Built on a single chassis;
- 2. Four hundred (400) square feet or less when measured at the largest horizontal projections;
- 3. Designed to be self-propelled or permanently towable by a light-duty truck; and
- 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
- REGULATORY FLOOD ELEVATION
- An elevation one (1) foot higher than the water surface elevation of the regulatory flood.
- SPECIAL HAZARD AREA
- 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.
- 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, placement, or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means the first (1st) 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.
- 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.
- 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.
- SUBSTANTIAL IMPROVEMENT
- Means 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 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:
- 1. 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
- 2. 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.
- 100-YEAR FLOOD
- The base flood having one percent (1%) chance of annual occurrence.