[Amended in entirety 3-21-2023 by Ord. No. 1319. Prior ordinance history
includes Ord. Nos. 1106; 1107; 1148; Ord. No. 1264; Ord. No. 1303. Amendments noted where applicable.]
[Added 3-21-2023 by Ord.
No. 1319]
The Legislature of the State of Nebraska has delegated the responsibility
to local governmental units to adopt zoning regulations designed to
protect public health, safety, general welfare, and property of the
people of the state. The Legislature, in Nebraska Revised Statutes
Sections 31-1001 to 31-1023 (as amended), has further assigned the
responsibility to adopt, administer, and enforce floodplain management
regulations to the county, city, or village with zoning jurisdiction
over the flood-prone area. Therefore, the Mayor and City Council of
the City of Ralston, Nebraska, ordains as follows.
[Added 3-21-2023 by Ord.
No. 1319]
1.
Flood Losses Resulting from Periodic Inundation. The flood hazard
areas of Ralston, Nebraska, are subject to inundation which results
in loss of life and property, health and safety hazards, disruption
of commerce and governmental services extraordinary public expenditures
for flood protection and relief, and impairment of the tax base all
of which adversely affect the public health, safety, and general welfare.
2.
General Causes of the Flood Losses. These flood losses are caused
by the cumulative effect of obstructions in floodplains causing increases
in flood heights and velocities as well as the occupancy of flood
hazard areas by uses vulnerable to flood or hazardous to others that
are inadequately elevated or otherwise unprotected from flood damages.
[Added 3-21-2023 by Ord.
No. 1319]
It is the purpose of this Chapter to promote public health, safety, and general welfare and to minimize those losses described in Section 15-101.2,1 by applying the provisions of this Chapter to:
1.
Restrict or prohibit uses that are dangerous to health, safety, or
property in times of flooding or cause undue increases in flood heights
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.
3.
Reduce financial burdens from flood damage borne by the community,
its governmental units, its residents, and its businesses by preventing
excessive and unsafe development in areas subject to flooding.
4.
Assure that eligibility is maintained for property owners in the
community to purchase flood insurance in the National Flood Insurance
Program.
[Added 3-21-2023 by Ord.
No. 1319]
The regulations of this Chapter are in compliance with the National Flood Insurance Program Regulations as published in Title 44 of the Code of Federal Regulations and the Nebraska Minimum Standards for Floodplain Management Programs as published in the Nebraska Administrative Code Title 455, Chapter 1.
[Added 3-21-2023 by Ord.
No. 1319]
The Chapter shall apply to all lands within the jurisdiction of the City of Ralston, Nebraska identified on the Flood Insurance Rate Map (FIRM) panels 31055C033H and 31055C0334H dated December 2, 2005, or shown on the Index as Zones A, A1-30, AE, AO, or AH and within the Zoning Districts FW and FF established in Section 15-301 of this Chapter. In all areas covered by this Chapter, no development shall be permitted except upon the issuance of a floodplain development permit to develop, granted by the floodplain administrator or the City Council of the City of Ralston or its duly designated representative under such safeguards and restrictions as the City of Ralston or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community and where specifically noted in Sections 15-401 and 15-501.
[Added 3-21-2023 by Ord.
No. 1319]
The Chief Building Official of the community is hereby designated
as the community's duly designated Enforcement Officer under
this Chapter.
[Added 3-21-2023 by Ord.
No. 1319]
The boundaries of the floodways and flood fringe overlay districts
shall be determined by scaling distances on the official zoning map
or the Flood Insurance Rate Map. Where interpretation is needed of
the exact location of the boundaries of the districts as shown on
the official zoning map, the floodplain administrator shall make the
necessary interpretation. In such cases where the interpretation is
contested, the Board of Adjustment will resolve the dispute. The regulatory
flood elevation for the point in question shall be the governing factor
in locating the district boundary on the land. The person contesting
the location of the district boundary shall be given a reasonable
opportunity to present their case to the Board of Adjustment and to
submit their own technical evidence if so desired.
[Added 3-21-2023 by Ord.
No. 1319]
Within identified floodplains of this community, no development
shall be located, extended, converted, or structurally altered without
full compliance with the terms of this Chapter and other applicable
regulations.
[Added 3-21-2023 by Ord.
No. 1319]
This Chapter does not intend to repeal, abrogate or impair any
existent 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.
[Added 3-21-2023 by Ord.
No. 1319]
In their interpretation and application, the provisions of this
Chapter shall be held to be minimum requirements and shall be liberally
construed in favor of the governing body and shall not be deemed a
limitation or repeal of any other powers granted by state statutes.
[Added 3-21-2023 by Ord.
No. 1319]
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 or the flood
height may be increased by manmade or natural causes, such as ice
jams and bridge openings restricted by debris. This Chapter does not
imply that areas outside floodway and flood fringe district boundaries
or land uses permitted within such districts will be free from flooding
or flood damage. This Chapter shall not create liability on the part
of the City of Ralston, Nebraska, 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.
[Added 3-21-2023 by Ord.
No. 1319]
If any section, clause, provision, or portion of this Chapter
is adjudged unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this Chapter shall not be affected thereby.
[Added 3-21-2023 by Ord.
No. 1319]
Where a request for a permit to develop or a variance is denied
by the Building Inspector the applicant may apply for such permit
or variance directly to the Board of Adjustment.
[Added 3-21-2023 by Ord.
No. 1319]
Along watercourses where a floodway has been established, the mapped floodplain areas are hereby divided into the following districts: a floodway overlay district (FW) and a flood fringe overlay district (FF) as identified in the Flood Insurance Study dated May 5, 2014, and on accompanying FIRM panels as established in Section 15-201.1, or best available data. The flood fringe overlay district shall correspond to flood zones A. AE, A1-30, AH, AO AR, A99, and floodway areas in Zone AE that are identified of FIRM panels. The floodway overlay district shall correspond to the floodway areas in Zone AE that are identified on the FIRM panels. Within these districts, all uses not meeting the standards of this Chapter and those standards of the underlying zoning district shall be prohibited.
[Added 3-21-2023 by Ord.
No. 1319]
The Chief Building Official of the community is hereby designated
as the community's local floodplain administrator. The floodplain
administrator is authorized and directed to administer, implement,
and enforce all provisions of this Chapter. If the local floodplain
administrator position is unfilled, the Public Administrator shall
assume the duties and responsibilities herein.
[Added 3-21-2023 by Ord.
No. 1319]
A floodplain development permit shall be required before any
development, construction, or substantial improvement is undertaken.
No person, firm, corporation, government agency, or other entity shall
initiate any floodplain development or substantial improvement or
cause the same to be done without first obtaining a floodplain development
permit.
[Added 3-21-2023 by Ord.
No. 1319]
1.
Duties of the floodplain administrator shall include, but not be
limited to the following.
a.
Review, approve, or deny all applications for floodplain development
permits.
b.
Review all development permit applications to assure that sites are
reasonably safe from flooding and that the permit requirements of
this Chapter have been satisfied.
c.
Review applications 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.
d.
Review all subdivision proposals and other proposed new development,
including manufactured home parks or subdivisions, to determine whether
such proposals will be reasonably safe from flooding.
e.
Notify adjacent communities and the Nebraska Department of Natural
Resources prior to any alteration or relocation of a watercourse,
and submit evidence of such notification to the Federal Emergency
Management Agency.
f.
Assure that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
g.
Verify, record, and maintain a record of the actual elevation (in
relation to mean sea level) of the lowest floor, including the basement,
of all new or substantially improved structures in the floodplain.
h.
Verify, record, and maintain a record of the actual elevation (in
relation to mean sea level) to which new or substantially improved
structures have been floodproofed.
i.
Verify, record, and maintain a record of all improved or damaged
structures to ensure compliance with standards in applicable sections.
Track the value of improvements and market value with permits. Also,
ensure consistent market value estimations to evaluate against damaged
or improved values.
j.
Ensure a comprehensive development plan as amended is consistent
with this Chapter.
k.
In the event the floodplain administrator discovers work done that
does not comply with applicable laws or ordinances, the floodplain
administrator shall revoke the permit and work to correct any possible
violation in accordance with this Chapter.
[Added 3-21-2023 by Ord.
No. 1319]
1.
To obtain a floodplain development permit, the applicant shall first
file an application in writing on a form furnished for that purpose.
Every such application shall:
a.
Identify and describe the proposed development and estimated cost
to be covered by the floodplain development permit.
b.
Describe the land on which the proposed development is to be done
by lot, block, tract, house, and street address, or similar description
that will readily identify and definitively locate the proposed building
or development.
c.
Indicate the use or occupancy for which the proposed development
is intended.
d.
Be accompanied by plans and specifications for proposed construction.
e.
Be signed by the permittee or his authorized agent who may be required
to submit evidence to indicate such authority.
2.
If any proposed development is located entirely or partially within
a floodplain, applicants shall provide all information in sufficient
detail and clarity to enable the floodplain administrator to determine
that:
a.
All such proposals are consistent with the need to minimize flood
damage;
b.
All utilities and facilities such as sewer, gas, water, electrical,
and other systems are located and constructed to minimize or eliminate
flood damage;
c.
Structures will be anchored to prevent flotation, collapse, or lateral
movement;
d.
Construction materials are flood resistant;
e.
Appropriate practices to minimize flood damage have been utilized;
and
f.
Electrical, heating, ventilation, air conditioning, plumbing, and
any other service facilities have been designed and located to prevent
the entry of floodwaters.
3.
For all new and substantially improved structures, an elevation certificate
based upon the finished construction certifying the elevation of the
lowest floor, including the basement, and other relevant building
components shall be provided to the floodplain administrator and be
completed by a licensed surveyor, engineer, or architect.
4.
When floodproofing is utilized for an applicable structure, a floodproofing
certificate shall be provided to the floodplain administrator and
be completed by a licensed professional engineer or architect.
5.
For all development proposed in the floodway, no-rise certification
shall be provided to the floodplain administrator and be completed
by a licensed professional engineer.
6.
Any other such information as reasonably may be required by the floodplain
administrator shall be provided.
7.
Letters of Map Revision; Federal regulations in Title 44 of the Code of Federal Regulations, Chapter 1, Part 65.5 and 65.6 allow for changes to the special flood hazard area through a Letter of Map Revision (LOMR) or a Letter of Map Revision Based on Fill (LOMR-F), provided the community determines that the land and any existing or proposed structures that would be removed from the floodplain are "reasonably safe from flooding." The community acknowledgment from asserting this is required for LOMR and LOMR-F applications and must be signed by the floodplain administrator. The floodplain administrator shall not sign a community acknowledgment form unless all criteria set forth in the following paragraphs are met:
a.
The applicant shall obtain a floodplain development permit before
applying for a LOMR or LOMR-F.
b.
The applicant shall demonstrate that the property and any existing
or proposed structures will be "reasonably safe from flooding," according
to the minimum design standards in FEMA Technical Bulletin 10-01.
c.
All requirements listed in the Simplified Approach in FEMA Technical
Bulletin 10-01 shall be met and documentation from a registered professional
engineer shall be provided. If all of these requirements are not met,
the applicant must provide documentation in line with the Engineered
Approach outlined in FEMA Technical Bulletin 10-01.
[Added 3-21-2023 by Ord.
No. 1319]
1.
All Zone A areas on the FIRM are subject to inundation of the base
flood; however, the base flood elevations are not provided. Zone A
areas 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, including from a study commissioned
by the applicant pursuant to best technical practices.
2.
Until a floodway has been designated, no development or substantial
improvement may be permitted within the floodplain unless the applicant
has demonstrated that the proposed development or substantial improvement,
when combined with all other existing and reasonably anticipated developments
or substantial improvements, will not increase the water surface elevation
of the base flood more than one foot at any location as shown in the
Flood Insurance Study or on base flood elevation determinations.
[Added 3-21-2023 by Ord.
No. 1319]
1.
The Board of Adjustment as established by the City of Ralston shall
hear and decide appeals and requests for variances from the requirements
of this Chapter.
2.
The Board of Adjustment shall hear and decide appeals when it is
alleged that there is an error in any requirement, decision, or determination
made by the Chief Building Official in the enforcement or administration
of this Chapter.
3.
Any person aggrieved by the decision of the Board of Adjustment or
any taxpayer may appeal such decision to the District Court as provided
in Nebraska Revised Statutes Section 19-912.
4.
In evaluating such appeals and requests, the Board of Adjustment
shall consider the technical evaluation, all relevant factors, standards
specified in other sections of this Chapter, and:
a.
The danger to life and property due to flooding or erosion damage;
b.
The danger that materials may be swept onto other lands to the injury
of others;
c.
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner; future
owners, and neighboring properties;
d.
The importance of the services provided by the proposed facility
to the community;
e.
The necessity of the facility of a waterfront location, where applicable;
f.
The availability of alternative locations that are not subject to
flooding or erosion damage, for the proposed use;
g.
The compatibility of the proposed use with existing and anticipated
development;
h.
The relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
i.
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
j.
The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site; and,
k.
The costs of providing governmental services during and after flood
conditions including emergency management maintenance and repair of
public utilities and facilities such as sewer, gas, electrical, water
systems, streets, and bridges.
[Added 3-21-2023 by Ord.
No. 1319]
1.
Variances shall only be issued upon a showing of good and sufficient
cause and also upon a determination that failure to grant the variance
would result in an exceptional hardship to the applicant.
2.
Variances shall only be issued based upon a determination that the
granting of a variance will not result in increased flood heights.
3.
Variances shall only be issued based upon a determination that the
granting of a variance will not result in 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.
Generally, variances may be issued for new construction and substantial
improvements to be erected on a lot of one-half acres or less in size
contiguous to and surrounded by lots with existing structures constructed
below the base flood level, providing items 5-10 below have been fully
considered. As the lot size increases beyond one-half acre, the technical
justification required for issuing the variance increases.
5.
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 on the National Register of Historic Places and
the variance is the minimum necessary to preserve the historic character
and design of the structure.
6.
Variances shall not be issued within any designated floodway if any
increase in water surface elevations along the floodway profile during
the base flood discharge would result.
7.
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
8.
Variances shall only be issued in the minimum necessary, considering
the flood hazard, to afford relief upon the determination of the following:
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.
9.
The applicant shall be given a written notice over the signature
of a community that the issuance of a variance to construct a structure
below the base flood level will result in increased premium rates
for flood insurance up to amounts as high as $25 for $100 of insurance
coverage and also that 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.
10.
All requests for variances and associated actions and documents,
including the justification for their issuance, shall be maintained
by the community.
[Added 3-21-2023 by Ord.
No. 1319]
1.
Violations.
a.
Failure to obtain a floodplain development permit or the failure
to structure or other development to be fully compliant with the provisions
of this Chapter shall constitute a violation. A structure or other
development without a floodplain development permit, elevation certificate,
certification by a licensed professional engineer of compliance with
these regulations, or other evidence of compliance is presumed to
be in violation until such time as documentation is provided.
2.
Notices.
a.
When the floodplain administrator or other authorized community representative
determines, based on reasonable grounds, that there has been a violation
of the provisions of this Chapter, the floodplain administrator shall
give notice of such alleged violation as hereinafter provided. Such
notice shall:
b.
Be in writing;
c.
Include an explanation of the alleged violation;
d.
Allow a reasonable time for the performance of any remedial action
required;
e.
Be served upon the property owner or their agent as the case may
require; and
f.
Contain an outline of remedial actions that, if taken, will bring
the development into compliance with the provisions of this Chapter.
3.
Penalties. Violations of the provisions of this Chapter or failure
to comply with any of its requirements (including violations of conditions
and safeguards established in connection with grants of variances
or special exceptions) shall constitute a misdemeanor. Any person,
firm, corporate, or other entity that violates this Chapter or fails
to comply with any of its requirements shall upon conviction thereof
be fined not more than $500, and in addition, shall pay all costs
and expenses involved in the case. Each day such violation continues
shall be considered a separate offense.
a.
The imposition of such fines or penalties for any violation or non-compliance
with this Chapter shall not excuse the violation or non-compliance
or allow it to continue. All such violations or non-compliant actions
shall be remedied within an established and reasonable time.
b.
Nothing herein contained shall prevent the City of Ralston or other
appropriate authority from taking such other lawful action as is necessary
to prevent or remedy any violation.
[Added 3-21-2023 by Ord.
No. 1319]
1.
Alteration or Relocation of a Watercourse.
a.
A watercourse or drainway shall not be altered or relocated in any
way that in the event of a base flood or more frequent flood will
alter the flood-carrying characteristics of the watercourse or drainway
to the detriment of upstream, downstream, or adjacent locations.
b.
No alteration or relocation shall be made until all adjacent communities
that may be affected by such action and the Nebraska Department of
Natural Resources have been notified and all applicable permits obtained.
Evidence of such notification shall be submitted to the Federal Emergency
Management Agency.
2.
Encroachments.
a.
When proposing to permit any of the following encroachments, the standards in Section 15-501.1,2b shall apply:
(1)
Any development that will cause a rise in the base flood elevations
within the floodway; or
(2)
Any development in Zones A, A1-30, and Zone AE without a designated
floodway that will cause a rise of more than one foot in the base
flood elevation; or
(3)
Alteration or relocation of a stream; then
b.
The applicant shall:
(1)
Apply to FEMA for conditional approval of such action via the Conditional Letter of Map Revision process (as per Title 44 of the Code of Federal Regulations, Chapter 1, Part 65.12) prior to the permit for the encroachments; and
(2)
Supply the fully approved package to the floodplain administrator
including any required notifications to potentially affected property
owners.
[Added 3-21-2023 by Ord.
No. 1319]
1.
Residential Structures.
a.
In Zones A, AE, A1-30, and AH, all new construction and substantial
improvements shall have the lowest floor, including the basement,
elevated to or above one foot.
b.
In Zone AO, all new construction and substantial improvements shall
have the lowest floor, including the basement, elevated above the
highest adjacent grade at least as high as one foot above the depth
number specified in feet on the FIRM or, if no depth number is specified
on the FIRM, at least as high as three feet.
c.
In the floodway, new structures for human habitation are prohibited.
2.
Nonresidential Structures.
a.
In Zones A, AE, A1-30, and AH, all new construction and substantial
improvements shall have the lowest floor, including the basement,
elevated to or above one foot above the base flood elevation or, together
with attendant utility and sanitary facilities, floodproofed so that
below one foot above the base flood elevation:
b.
In Zone AO, all new construction and substantial improvements shall
have the lowest floor elevated above the highest adjacent grade at
least as high as one foot above the depth number specified in feet
on the FIRM or, if no depth number is specified on the FIRM, at least
as high as three feet; or, together with attendant utility and sanitary
facilities, floodproofed so that below one foot above the base flood
elevation:
3.
Critical Facilities.
a.
New construction or substantial improvement of any critical facility
is prohibited in all areas of the floodplain and the 0.2% annual chance
floodplain unless all of the following provisions are met:
(1)
No feasible alternative site exists for the construction of
an equivalent facility within the corporate or extraterritorial jurisdiction
boundaries of the City of Ralston.
(2)
The facility has the lowest floor, including the basement, of
all structures, elevated to one foot above the 0.2% annual chance
flood elevation or, together with attendant utility and sanitary facilities,
floodproofed so that below one foot above the 0.2% annual chance flood
elevation:
(3)
If the 0.2% annual chance floodplain is not identified, the
facility shall have the lowest floor, including the basement, elevated
to three feet above the base flood elevation.
(4)
The facility has at least one access road connected to land
outside the 0.2% annual chance floodplain that is capable of carrying
emergency support vehicles and the top of the access road is not lower
than the 0.2% cannula chance flood elevation.
4.
Space Below Lowest Floor.
a.
All new construction and substantial improvements shall not have
fully enclosed areas below the base flood elevations.
b.
Fully enclosed areas below the lowest floor (excluding basements)
and below the base flood elevation shall be used solely for the parking
of vehicles, building access, or limited storage of readily removable
items.
c.
Fully enclosed areas below the lowest floor (excluding basements)
and below the base flood elevation shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters. The size of such enclosed areas
shall not exceed 299 square feet except for buildings where the minimum
clearance height of the enclosed area is less than seven feet. Designs
for meeting this requirement must either be certified by a registered
professional engineer or architect or meet or exceed the following
minimum criteria:
(1)
A minimum of two openings having a net total area of not less
than one square inch for every one square foot of enclosed space.
(2)
The bottom of all openings shall not be higher than one foot
above grade, and
(3)
Openings may be equipped with screens, louvers, valves, or other
17 coverings or devices provided that they allow the automatic entry
and exit of floodwaters.
5.
Accessory Structures.
a.
Structures accessory to a principal building may have the lowest
floor below one foot above base flood elevation provided that the
structure complies with the following requirements:
(1)
The structure shall not be used for human habitation.
(2)
The use of the structure must be limited to the parking of vehicles
or storage of items readily removable in the event of a flood warning.
(3)
The floor area shall not exceed 800 square feet.
(4)
The structure shall have a low damage potential.
(5)
The structure must be adequately anchored to prevent flotation,
collapse, or other lateral movements.
(6)
The structure shall be designed to automatically provide for
the entry and exit of floodwaters for the purpose of equalizing hydrostatic
forces. 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)
A minimum of two openings having a net area of
not less than one square inch for every one square foot of enclosed
space.
(b)
The bottom of all openings shall not be higher
than one foot above grade, and
(c)
Openings may be equipped with screens, louvers,
valves, or other coverings or devices provided that they allow the
automatic entry and exit of floodwaters.
(7)
No utilities shall be installed except electrical fixtures in
the structure, which must be elevated to or above one foot above the
base flood elevation or floodproofed so that below one foot above
the base flood elevation they are:
(8)
The structure shall be constructed and placed on the building
site so as to offer the minimum resistance to the flow of floodwaters.
(9)
If the structure is converted to another use, it must be brought
into full compliance with the minimum standards governing such use.
7.
Existing Structures.
a.
The provisions of this Chapter do not require any changes or improvements
to be made to lawfully existing structures. However, when an improvement
is made to a structure in the floodplain, a floodplain development
permit is required and the provisions of 5.2(G)(ii-iv) shall apply.
b.
Any addition, alteration, reconstruction, or improvement of any kind
to an existing structure where the costs of which would equal or exceed
50% of the pre-improvement market value shall constitute a substantial
improvement and shall fully comply with the provisions of this Chapter.
c.
Any addition, alteration, reconstruction, or improvement of any kind
to an existing structure in the floodway shall comply with the provisions
of this chapter.
d.
Any addition, alteration, reconstruction, or improvement of any kind
to an existing structure that will change the compliance requirements
of the building shall require applicable documentation including an
elevation certificate, floodproofing certificate, or no-rise certification.
[Added 3-21-2023 by Ord.
No. 1319]
1.
Anchoring.
a.
All buildings or structures shall be firmly anchored to prevent flotation,
collapse, or lateral movement of the structure resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy.
2.
Building Materials and Utilities.
a.
All buildings or structures shall be constructed with materials and
utility equipment resistant to flood damage. All buildings or structures
shall also be constructed by methods and practices that minimize flood
and flood-related damages.
b.
All buildings or structures shall be constructed with electrical,
heating, ventilation, plumbing, 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.
3.
Drainage.
a.
Within Zones AO and AH, adequate drainage paths around structures
on slopes shall be required in order to guide floodwaters around and
away from proposed structures.
4.
Water Supply and Sanitary Sewer Systems.
a.
All new or replacement water supply and sanitary sewer systems shall
be located, designed, and constructed to minimize or eliminate flood
damages to such systems and the infiltration of floodwaters into the
systems.
b.
All new or replacement sanitary sewage systems shall be designed
to minimize or eliminate discharge from the system into floodwaters.
c.
On-site waste disposal systems shall be located and designed to avoid
impairment to them or contamination from them during flooding.
d.
New or replaced septic systems in floodplains are prohibited.
5.
Other Utilities.
a.
All other utilities such as gas lines, electrical, telephone, and
other utilities shall be located and constructed to minimize or eliminate
flood damage to such utilities and facilities.
6.
Storage of Materials.
a.
The storage or processing of materials that are in the time of flooding
buoyant, flammable, explosive, or could be injurious to human, animal,
or plant life is prohibited.
b.
The storage of other materials or equipment may be allowed if not
subject to major damage by floods and firmly anchored to prevent flotation
or if readily removable from the area within the time available after
the flood warning.
8.
Subdivisions.
a.
Subdivision proposals and other proposed new development, including
manufactured home parks or subdivisions, be required to assure that:
(1)
All such proposals are consistent with the need to minimize
flood damage;
(2)
All public utilities and facilities, such as sewer, gas, electrical,
and water systems are located, elevated, and constructed to minimize
or eliminate flood damage.
(3)
Adequate drainage is provided so as to reduce exposure to flood
hazards, and;
(4)
Proposals for development (including proposals for manufactured
home parks and subdivision) of five acres or 50 lots, whichever is
lesser, where base flood elevation data are not available, shall be
supported by hydrologic and hydraulic analyses that determine base
flood elevations and floodway information. The analyses shall be prepared
by a licensed professional engineer in a format required by FEMA for
Conditional Letters of Map Revision and a Letters of Map Revision.
[Added 3-21-2023 by Ord.
No. 1319]
[Added 3-21-2023 by Ord.
No. 1319]
New construction or substantial improvements of any residential or nonresidential structure shall have the lowest floor, including the basement, elevated to or above one foot above the highest base flood elevation available, based on the effective FIRM or best available flood risk data, or, together with attendant utility and sanitary facilities, to be floodproofed so that below that level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the Chief Building Official as set forth in Section 15-401.4,3.
[Added 3-21-2023 by Ord.
No. 1319]
Only uses having a low flood-damage potential and not obstructing
flood flows shall be permitted within the Floodway District to the
extent that they are not prohibited by any other ordinance. The following
are recommended uses for the Floodway District:
1.
Open space uses not requiring a closed building, such as agricultural
cropland, livestock feeding, and grazing, or open public and private
recreation areas.
2.
Wire fences or other appurtenances may be constructed which would
not constitute an obstruction or debris-catching obstacle to the passage
of floodwaters.
3.
Railroads, streets, bridges, public utility wires, and pipelines
for transmission and local distribution.
4.
Commercial excavation of materials from pits, strips, or pools; provided
that no stockpiling of materials, products or overburden shall be
such as to create a potential restriction to the passage of floodwaters.
5.
Non-restrictive improvements in stream channel alignment, cross-section,
and capacity in the normal maintenance thereof.
6.
Uses of a type not appreciably damaged by floodwaters; provided,
no structures for human habitation shall be permitted.
[Added 3-21-2023 by Ord.
No. 1319]
The uses enumerated in Section 15-701.1 above shall only be permitted if certification by a registered professional engineer or architect is provided demonstrating that the development shall not result in any increase in water surface elevations along the floodway profile during the occurrence of the base flood discharge. These uses are subject to the standards of Sections 15-501 and 15-601. In Zone A, obtain a review and reasonably utilize any flood elevation and floodway data available through Federal, State, or other sources or Section 15-501.2 of this Chapter, in meeting the standards of this Section.
[Added 3-21-2023 by Ord.
No. 1319]
1.
A structure or the use of a structure or premises which was lawful
before the passage or amendment of the ordinance, but which is not
in conformity with the provisions of this Chapter may be continued
subject to the following conditions:
a.
No such structure of use shall be expanded, changed, enlarged, or
altered in a way that increases its nonconformity.
b.
If such use is discontinued for six consecutive months, any future
use of the building premises shall conform to this Chapter. The Utility
Department shall notify the Building Inspector in writing of instances
of nonconforming uses where utility services have been discontinued
for a period of six months.
c.
Uses or adjuncts thereof that are or become nuisances shall not be
entitled to continue as nonconforming uses.
2.
If any nonconforming use or structure is destroyed by any means,
including flood, it shall not be reconstructed if the cost is more
than 50% of the market value of the structure before the damage occurred
except that if it is reconstructed in conformity with the provisions
of this Chapter. 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 cost of any alteration
of a structure listed on the National Register of Historic Places
or a State Inventory of Historic Places, provided that the alteration
shall not preclude its continued designation.
[Added 3-21-2023 by Ord.
No. 1319]
This Chapter becomes effective upon passage by the Mayor and
the City Council of the City of Ralston and Upon its publication as
provided by law.
[Added 3-21-2023 by Ord.
No. 1319]
Any and all ordinances which are in conflict herewith and hereby
repealed.
[Added 3-21-2023 by Ord.
No. 1319]
1.
The regulations, restrictions, and boundaries set forth in this Chapter
may from time to time be amended, supplemented, changed, or appealed
to reflect any and all changes in federal, state, or local regulations
provided, however, that no such action may be taken until after a
public hearing in relation thereto, at which citizens and parties
in interest shall have an opportunity to be heard. Notice of the time
and place of such hearing shall be published in a newspaper of general
circulation in the City of Ralston. At least 10 days shall elapse
between the date of this publication and the public hearing.
2.
A copy of such amendments will be provided to the Federal Emergency
Management Agency. The regulations of this Chapter are in compliance
with the National Flood Insurance Program Regulations as published
in Title 44 of the code of Federal Regulations and the 1983 Nebraska
Flood Plain Management Act.
[Added 3-21-2023 by Ord.
No. 1319]
Unless specifically defined below, words or phrases used in
this Chapter shall be interpreted so as to give them the meaning they
have in common usage and to give this Chapter its most reasonable
application:
Means the elevation to which floodwaters are expected to
rise during a 0.2% annual chance flood.
Means the floodplain that would be inundated by the 0.2%
annual chance flood and delineated on the Flood Insurance Rate Maps.
Shall mean a structure on the same parcel of property as
the principal structure, the use of which is incidental to the use
of the principal structure.
A designated AO or AH Zone on a community's Flood Insurance
Rate Map (FIRM) with a 1% or greater annual chance of flooding to
an average depth of one to three feet where a clearly defined channel
is unpredictable and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
Shall mean the flood having 1% chance of being equaled or
exceeded in any given year.
Means the elevation to which floodwaters are expected to
rise during the base flood.
Shall mean any area of the building having its floor subgrade
(below ground level) on all sides.
Means "structure." See definition for "structure."
Means any property that, if flooded, would result in severe
consequences to public health and safety. Critical facilities include,
but are not limited to facilities that produce, use, or store hazardous
materials; hospitals, nursing homes, and housing likely to contain
vulnerable populations; emergency support function facilities like
police stations, fire stations, vehicle and equipment storage facilities,
and emergency operations centers; public and private utility facilities
vital to maintaining or restoring normal services to flooded areas
before, during, and after a flood.
Means any man-made change to improved or unimproved real
estate, including but not limited to the construction, reconstruction,
renovation, repair, expansion, or alteration of buildings or other
structures; the placement of manufactured homes; streets and other
paving; utilities; filling, grading, and excavation; mining; dredging;
drilling operations; storage of equipment or materials; or obstructions.
Means 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 complete before the effective
date of the floodplain management regulations adopted by a community.
Means the preparation of additional sites by the construction
of facilities for servicing the lots on which the manufactured 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).
Is that area of the floodplain, outside of the floodway,
that has a 1% chance of flood occurrence in any one year.
Means an official map of a community, on which the Flood
Insurance Study has delineated the special flood hazard area boundaries
and the risk premium zones applicable to the community.
Is the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, as well as
the Flood Insurance Rate Map and the water surface elevation of the
base flood.
Means a general and temporary condition of partial or complete
inundation of normally dry land areas.
Means any land area susceptible to being inundated by water
from any source (see definition of "flooding"). Floodplain includes
flood fringe and floodway. Floodplain and special flood hazard areas
are the same for use by this Chapter.
Means any combination of structural and nonstructural additions,
changes, or adjustments to structures that reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, and structures and their contents.
Means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation
more than one foot.
Means a factor of safety usually expressed in feet above
a flood level for purposes of floodplain management. "Freeboard" tends
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.
Means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
Means 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 the Secretary to qualify as a registered historic district;
(c) 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; or (d) Individually listed on a
local inventory of historic places in communities with historic preservation
programs that have been certified either: (1) By an approved state
program as determined by the Secretary of the Interior, or (2) Directly
by the Secretary of the Interior in states without approved programs.
Means a structure attached to or incidental to a building.
This includes retaining walls, fences, swimming pools, and decks that
are not buildings, but which form part of a building project or which
are used in association with a building.
Means the lowest floor of the lowest enclosed area (including
the 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 or modified
so as to render the structure in violation of the applicable non-elevation
design requirements of this Chapter.
Means a structure, transportable in one 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".
Means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
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 regulation adopted
by a community and includes any subsequent improvements to such structures.
Means 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 adopted by a community.
Means any wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation (including the alteration or relocation of
a watercourse or drainway), channel rectification, bridge, conduit,
culvert, building, stored equipment or material, wire, fence, rock,
gravel, refuse, fill, or other analogous structure or matter which
may impede, retard, or change the direction of the flow of water,
either in itself or by catching or collecting debris carried by such
water, or that is placed where the natural flow of the water would
carry such structure or matter downstream to the damage or detriment
of either life or property. Dams designed to store or divert water
are not obstructions if permission for the construction thereof is
obtained from the Department of Natural Resources pursuant to the
Safety of Dams and Reservoirs Act (Nebraska Revised Statutes 46-1601
to 46-1670 as amended).
Shall mean a district in which additional requirements act
in conjunction with the underlying zoning district(s). The original
zoning district designation does not change.
Means a building that was constructed or substantially improved
after December 31, 1974, or on or after the community's initial
Flood Insurance Rate Map dated May 15, 1980, whichever is later.
Means a building that was constructed or substantially improved
on or before December 31, 1974, or before the community's initial
Flood Insurance Rate Map dated May 15, 1980, whichever is later.
Means that at least 51% of the actual cash value of the structure
is above ground.
Means a vehicle which is (i) built on a single chassis; (ii)
400 square feet or less when measured at the largest horizontal projections;
(iii) designed to be self-propelled or permanently towable by a light-duty
truck; and (iv) designed primarily not for use as a permanent dwelling
but as temporary living quarters for recreational, camping, travel,
or seasonal use.
Means the base flood elevation (BFE) plus a freeboard factor
as specified in this Chapter.
Is the land in the floodplain within a community subject
to 1% or greater chance of flooding in any given year.
Means the date the floodplain development 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. "Start of construction" also 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 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
parts of a building, whether or not the alteration affects the external
dimensions of the building.
Means a walled and roofed building that is principally above
ground, as well as a manufactured home and a gas or liquid storage
tank that is principally above ground.
Means the division or re-division of a lot, tract, or parcel
of land by any means into two or more lots, tracts, parcels, or other
divisions of land including changes in existing lot lines for the
purpose, whether immediate or future, of the lease, partition by the
court for distribution to heirs or devisees, transfer of ownership,
or building or lot development.
Means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before-damage condition
would equal or exceed 50% of the market value of the structure before
the damage occurred.
Means any reconstruction, rehabilitation, addition, or other
improvements of a structure, the cost of which equals or exceeds 50%
of the market value of the structure before the "start of construction"
of the improvement. This includes structures which have incurred "substantial
damage," regardless of the actual repair work performed. The 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 which 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."
Is a grant of relief to an applicant from the requirements
of this Chapter that allows construction in a manner otherwise prohibited
by this Chapter where specific enforcement would result in unnecessary
hardship.
Means a failure of a structure or other development to be
fully compliant with the community's floodplain management regulations.
A structure or other development without the Elevation Certificate,
other certifications, or other evidence of compliance required in
this Chapter is presumed to be in violation until such time as that
documentation is provided.
Means any depression two feet or more below the surrounding
land that serves to give direction to a current of water at least
nine months of the year and that has a bed and well-defined banks.
