ORDINANCE NO. 071158

 

Amending Chapter 28, by repealing said chapter and enacting in lieu thereof a new chapter of like title and subject matter, which contains new Sections 28-1 through 28-13.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 28, Code of Ordinances of the City of Kansas City, Missouri, be amended by said chapter and enacting in lieu thereof a new chapter of like title and subject matter, which comprises new Sections 28-1 through 28-13, to read as follows:

 

Sec. 28-1. Official floodplain document adopted.

(a) The official floodplain document is hereby adopted as the flood insurance study, including the floodway maps and flood insurance rate maps, effective date September 14, 1990, as promulgated by the U.S. Federal Emergency Management Agency (FEMA), which are attached to the ordinance from which this chapter is derived and made a part of this chapter.

(b) A copy of the official floodplain document shall at all times be maintained in the office of the city clerk for public inspection. A duplicate original of the official floodplain document shall also be on file with the Floodplain Administrator.

Sec. 28-2. Purpose.

It is the purpose of this ordinance to promote the public health, safety, and general welfare; to minimize flood losses; to establish or maintain the communitys 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 ordinance to:

(a) 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.

(b) Require uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction.

(c) Protect individuals from buying lands that are unsuited for the intended development purposes due to the flood hazard.

Sec. 28-3. General provisions.

 

(a) Lands to which Ordinance applies. This ordinance shall apply to all lands within the jurisdiction of the City of Kansas City, Missouri identified as numbered and unnumbered A zones, AE, AO, and AH Zones, on the Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) dated September 14, 1990 as amended, and any future revisions thereto. In all areas covered by this ordinance, no development shall be permitted except through the issuance of a floodplain development permit, granted by the City of Kansas City, Missouri or its duly designated representative under such safeguards and restrictions as the City Council or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community, and as specifically noted in Sec 28-6.

 

(b) Compliance. No development located within the special flood hazard areas of this community shall be located, extended, converted, or structurally altered without full compliance with the terms of this ordinance and other applicable regulations.

 

(c) Abrogation and greater restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only.

 

(d) Interpretation. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, 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.

 

(e) Warning and disclaimer of liability. The degree of flood protection required by this ordinance 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 heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This ordinance does not imply that areas outside the floodway and flood fringe or land uses permitted within such areas will be free from flooding or flood damage. This ordinance shall not create a liability on the part of the City of Kansas City, Missouri any officer or employee thereof, for any flood damages that may result from reliance on this ordinance or any administrative decision lawfully made thereunder.

 

(f) Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of this ordinance shall not be affected thereby.

 

Sec. 28-4. Provisions for flood hazard reduction.

 

(a) General standards.

 

(1) No permit for floodplain development shall be granted for new construction, substantial improvements, and other improvements, including the placement of manufactured homes, within any numbered or unnumbered A zones, AE, AO, and AH zones, unless the conditions of this section are satisfied.

 

(2) All areas identified as unnumbered A zones on the FIRM are subject to inundation of the 100-year flood; however, the base flood elevation is not provided. Development within unnumbered A zones is subject to all provisions of this ordinance. If Flood Insurance Study data is not available, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State, or other sources.

 

(3) Until a floodway is designated, no new construction, substantial improvements, or other development, including fill, shall be permitted within any numbered A zone or AE zone on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

 

(4) All new construction, subdivision proposals, substantial improvements, prefabricated structures, placement of manufactured homes, and other developments shall require:

 

a. Design or adequate anchorage to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

 

b. Construction with materials resistant to flood damage.

 

c. Utilization of methods and practices that minimize flood damages.

 

d. 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.

 

e. New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and on-site waste disposal systems be located so as to avoid impairment or contamination.

 

f. Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are 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 and constructed to minimize or eliminate flood damage.

 

3. Adequate drainage is provided so as to reduce exposure to flood hazards.

 

4. All proposals for development, including proposals for manufactured home parks and subdivisions, of either five (5) acres or fifty (50) lots, include within such proposals base flood elevation data.

 

(5) Storage, material, and equipment.

 

a. The storage or processing of materials within the special flood hazard area that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited.

 

b. 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.

 

(6) Agricultural structures. Structures used solely for agricultural purposes in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock, may be constructed at-grade and wet-floodproofed provided that the following conditions are satisfied there is no human habitation or occupancy of the structure; the structure is of single-wall design; there is no permanent retail, wholesale, or manufacturing use included in the structure; a special exception has been granted from the floodplain management requirements of this ordinance; and a floodplain development permit has been issued.

 

(7) Accessory structures. Structures used solely for parking and limited storage purposes, not attached to any other structure on the site, of limited investment value, and not larger than 400 square feet, may be constructed at-grade and wet-floodproofed provided that the following conditions are satisfied there is no human habitation or occupancy of the structure; the structure is of single-wall design; a special exception has been granted from the standard floodplain management requirements of this ordinance; and a floodplain development permit has been issued.

 

(8) Critical facilities.

 

a. All new or substantially improved critical nonresidential facilities including, but not limited, to governmental buildings, police stations, fire stations, hospitals, orphanages, penal institutions, communication centers, water and sewer pumping stations, water and sewer treatment facilities, transportation maintenance facilities, places of public assembly, emergency aviation facilities, and schools shall be elevated above the 500-year flood level or together with attendant utility and sanitary facilities, be floodproofed so that below the 500-year flood level the structure is water tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the 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 Floodplain Administrator as set forth in Sec 28-5(c)(9).

 

b. All critical facilities shall have access routes that are above the elevation of the 500-year flood.

 

c. No critical facilities shall be constructed in any designated floodway.

 

(9) Hazardous materials. All hazardous material storage and handling sites shall be located out of the special flood hazard area.

 

(10) Nonconforming use. A structure, or the use of a structure or premises that was lawful before the passage or amendment of the ordinance, but which is not in conformity with the provisions of this ordinance, may be continued subject to the following conditions:

 

a. If such structure, use, or utility service is discontinued for 12 consecutive months, any future use of the building shall conform to this ordinance.

 

b. 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 percent of the pre-damaged market value of the structure. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, safety codes, regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination.

 

(11) Cumulative improvement. A structure may be improved (remodeled or enlarged) without conforming to current requirements for elevation so long as the cumulative value of all work done within the last five calendar years does not exceed 50 percent of the structure's current market value. If the cumulative value of the improvement exceeds 50 percent of the structure's current market value, the structure shall be brought into compliance with Sec 28-(b)(1)which requires elevation of residential structures to or above the base flood elevation or the elevation/floodproofing of non-residential structures to or above the base flood elevation.

 

(b) Specific standards. In all areas identified as numbered and unnumbered A zones, AE, and AH Zones, where base flood elevation data have been provided, as set forth in Sec 28-4(a)(2), the following provisions are required:

 

(1) Residential construction. New construction or substantial improvement of any residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated one foot above base flood elevation.

 

(2) Non‑residential construction. New construction or substantial improvement of any commercial, industrial, or other non‑residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated one foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood elevation 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 Floodplain Administrator as set forth in Sec 28-5(c)(9).

 

(3) Require, for all new construction and substantial improvements, that fully enclosed areas below 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 floodwaters. Designs for meeting this requirement shall 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 total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

 

b. The bottom of all opening shall be no higher than one 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 floodwaters.

 

(c) Manufactured homes.

 

(1) All manufactured homes to be placed within all unnumbered and numbered A zones, AE, and AH zones, on the community's FIRM shall be required to be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes shall be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

 

(2) Require manufactured homes that are placed or substantially improved within unnumbered or numbered A zones, AE, and AH zones, on the community's FIRM on sites:

 

a. Outside of manufactured home park or subdivision.

 

b. In a new manufactured home park or subdivision.

 

c. In an expansion to and existing manufactured home park or subdivision.

 

d. In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot above the base flood elevation and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

 

(3) Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within all unnumbered and numbered A zones, AE and AH zones, on the community's FIRM, that are not subject to the provisions of Sec 28-4(c)(2) of this ordinance, be elevated so that either:

 

a. The lowest floor of the manufactured home is one foot above the base flood level; or

 

b. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

 

(d) Areas of shallow flooding (AO and AH zones). Located within the areas of special flood hazard as described in Sec 28-3(a) are areas designated as AO zones. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. The following provisions apply:

 

(1) AO zones.

 

a. All new construction and substantial improvements of residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified).

 

b. All new construction and substantial improvements of any commercial, industrial, or other non-residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community FIRM (at least two feet if no depth number is specified) or together with attendant utilities and sanitary facilities be completely floodproofed to that so that 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.

 

c. Adequate drainage paths shall be required around structures on slopes, in order to guide floodwaters around and away from proposed structures.

 

(2) AH zones.

 

a. The specific standards for all areas of special flood hazard where base flood elevation has been provided shall be required as set forth in Sec 28-4(b).

 

b. Adequate drainage paths shall be required around structures on slopes, in order to guide floodwaters around and away from proposed structures.

 

(e) Floodway. Located within areas of special flood hazard established in Sec 28-3(a) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters that carry debris and potential projectiles, the following provisions shall apply:

 

(1) The community shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway shall be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one foot at any point.

 

(2) The community shall prohibit any encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

 

(3) If Sec 28-4(e)(2) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Sec 28-4.

 

(4) In unnumbered A zones, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State, or other sources as set forth in Sec 28-4(a)(2).

 

(f) Recreational vehicles. Require that recreational vehicles placed on sites within all unnumbered and numbered A zones, AO, AE, and AH zones on the community's FIRM either:

 

(1) Be on the site for fewer than 180 consecutive day;

 

(2) Be fully licensed and ready for highway use; or

 

(3) Meet the permitting, elevating, and the anchoring requirements for manufactured homes of this ordinance.

 

*A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions.

 

Sec. 28-5. Administration.

 

(a) Floodplain development permit required.

 

(1) A floodplain development permit shall be required for all proposed construction or other development, including the placement of manufactured homes, in the areas described in Sec 28-7(a). No person, firm, corporation, or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate floodplain development permit for each structure or other development.

 

(2) The floodplain certificate shall not supplant any other permit as elsewhere required.

 

(3) Any alteration, encroachment or substantial improvement made within any area designed as a regulatory floodplain in the official floodplain document without a floodplain certificate shall be in violation of this chapter.

 

(b) Designation of floodplain administrator. The Building Official is hereby appointed to administer and implement the provisions of this ordinance.

 

(c) Duties and responsibilities of floodplain administrator. Duties of the Floodplain Administrator shall include, but not be limited to:

 

(1) Review of all applications for floodplain development permits to assure that sites are reasonably safe from flooding and that the floodplain development permit requirements of this ordinance have been satisfied.

 

(2) Review of all applications for floodplain development permits for proposed development to assure that all necessary permits have been obtained from Federal, State, or local governmental agencies from which prior approval is required by Federal, State, or local law.

 

(3) 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.

 

(4) Issue floodplain development permits for all approved applications.

 

(5) Notify adjacent communities and the Missouri State Emergency Management Agency prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA).

 

(6) Assure that the flood-carrying capacity is not diminished and shall be maintained within the altered or relocated portion of any watercourse.

 

(7) Verify and maintain a record of the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures.

 

(8) Verify and maintain a record of the actual elevation (in relation to mean sea level) that the new or substantially improved non-residential structures have been floodproofed.

 

(9) When floodproofing techniques are utilized for a particular non-residential structure, the Floodplain Administrator shall require certification from a registered professional engineer or architect.

 

Sec. 28-6. Floodplain development permit.

 

(a) Application. 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

 

(1) Describe the land on which the proposed work is to be done by lot, block and tract, house and street address, or similar description that will readily identify and specifically locate the proposed structure or work.

 

(2) Identify and describe the work to be covered by the floodplain development permit.

 

(3) Indicate the use or occupancy for which the proposed work is intended.

 

(4) Indicate the assessed value of the structure and the fair market value of the improvement.

 

(5) Specify whether development is located in designated flood fringe or floodway.

 

(6) Identify the existing base flood elevation and the elevation of the proposed development.

 

(7) Give such other information as reasonably may be required by the Floodplain Administrator for a determination of the regulatory floodplain and regulatory floodway, as required.

 

(8) Be accompanied by plans and specifications for proposed construction prepared and sealed by a professional engineer, drawn to the city's horizontal and vertical control data; and be accompanied by stormwater runoff calculations prepared in accordance with the city's Design Criteria for Storm Sewers and Appurtenances, as heretofore adopted by the director of public works and as may be amended from time to time hereafter.

 

(9) Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority.

 

(b) Issuance. Based upon the determination of the regulatory flood level, the Floodplain Administrator shall issue a certificate provided the following applicable requirements are met:

(1) That there is no calculable increase in the regulatory flood level in the occurrence of a regulatory flood within the particular regulatory floodway.

(2) That any encroachment or substantial improvement for a residential structure has the lowest floor, including basement, elevated to one foot above the level identified in the official floodplain document as "base flood elevation.''

(3) That any encroachment or substantial improvement for a nonresidential structure has the lowest floor, including basement, elevated to one foot above the highest level identified in the official floodplain document as base flood elevation,'' or is floodproofed to that level in accordance with chapter 18.

(4) That any encroachment or substantial improvement for a residential structure has the lowest floor, including basement, elevated above the highest adjacent grade at least as high as one foot above the depth number specified in the official floodplain document, part II, for areas of 100-year shallow flooding where depths are between one and three feet but base flood elevations are not shown.

(5) That any encroachment or substantial improvement for a nonresidential structure has the lowest floor, including basement, elevated above the highest adjacent grade at least one foot above the depth number specified in the official floodplain document, part II, for areas of 100-year shallow flooding where depths are between one and three feet but base flood elevations are not shown, or is floodproofed to that level in accordance with chapter 18.

(6) That adequate drainage paths around any encroachment or substantial improvement on slopes are provided to guide floodwaters around and away from any encroachment or substantial improvement.

(c) Submission of as-constructed plans; correction of deficiencies.

(1)               Upon completion of the authorized alteration, encroachment or substantial improvement, a plan shall be submitted to the Floodplain Administrator by a professional engineer or architect for review. The plan shall be reproducible and sealed as As-Constructed Plan.''

(2)               If the as-constructed plan is in conformance with the approved plan, the Floodplain Administrator shall certify the as-constructed plan as approved.

(3)               If the as-constructed plan is not in conformance with the approved plan, the Floodplain Administrator shall give written notice to the permittee of the deficiencies. Such deficiencies shall be corrected within 30 days after the date of written notice. Failure to correct the deficiencies within the stated time shall constitute a violation of this chapter.

Sec. 28-7. Floodplain management procedures for special exceptions.

 

(a) Establishment of appeal board. The Building and Fire Codes Board of Appeals as established by the City of Kansas City, Missouri, shall hear and decide appeals and requests for special exceptions from the floodplain management requirements of this ordinance.

 

(b) Responsibility of appeal board. Where an application for a floodplain development permit is denied by the Floodplain Administrator, the applicant may apply for such floodplain development permit directly to the Appeal Board, as defined in Sec 28-7(a).

 

The Building and Fire Codes Board of Appeals shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance.

A simple majority of the board shall be required to approve any special exception.

(c) Filing fee. The filing fee for requesting of a special exception shall be as required by section 18-18(j).

(d) Further appeals. Any person or persons jointly or severally aggrieved by any decision of the board or any office, department, board or bureau of the municipality may present to the circuit court of the county in which the property is situated a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition shall be presented to the court within 30 days of the date of the decision of the board.

 

(e) Floodplain management special exception criteria. In passing upon such applications for special exceptions, the Building and Fire Codes Board of Appeals shall consider all technical data and evaluations, all relevant factors, standards specified in other sections of this ordinance, and the following criteria:

 

(1) The danger to life and property due to flood damage.

 

(2) The danger that materials may be swept onto other lands to the injury of others.

 

(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

 

(4) The importance of the services provided by the proposed facility to the community.

 

(5) The necessity to the facility of a waterfront location, where applicable.

 

(6) The availability of alternative locations, not subject to flood damage, for the proposed use.

 

(7) The compatibility of the proposed use with existing and anticipated development.

 

(8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

 

(9) The safety of access to the property in times of flood for ordinary and emergency vehicles.

 

(10) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters, if applicable, expected at the site; and,

 

(11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems; streets; and bridges.

 

(f) Conditions for approving floodplain management special exceptions.

 

(1) Generally, special exceptions may be granted for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items 2 through 6 below have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the special exception increases.

 

(2) Special exceptions may be granted for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination provided the proposed activity will not preclude the structures continued historic designation.

 

(3) Special exceptions shall not be granted within any designated floodway if any increase in flood levels during the base flood discharge would result.

 

(4) Special exceptions shall only be granted upon a determination that the request is the minimum necessary, considering the flood hazard, to afford relief.

 

(5) Special exceptions shall only be granted upon (a) a showing of good and sufficient cause, (b) a determination that failure to grant the special exception would result in exceptional hardship to the applicant, and (c) a determination that the granting of a special exception 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.

 

(6) A community shall notify the applicant in writing over the signature of a community official that (1) the issuance of a special exception to construct a structure below base flood level will result in significantly increased premium rates for flood insurance (2) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all special exception actions as required by this ordinance.

 

(g) Conditions for approving special exceptions for agricultural structures. Any special exception granted for an agricultural structure shall be decided individually based on a case by case analysis of the building's unique circumstances. Special exceptions granted shall meet the following conditions as well as those criteria and conditions set forth in Sec 28-7(e) and (f)of this ordinance.

 

In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any special exception issued for agricultural structures that are constructed at-grade and wet-floodproofed.

 

(1) All agricultural structures considered for a special exception from the floodplain management regulations of this ordinance shall demonstrate that the varied structure is located in wide, expansive floodplain areas and no other alternate location outside of the special flood hazard area exists for the agricultural structure. Residential structures, such as farm houses, cannot be considered agricultural structures.

 

(2) Use of the varied structures shall be limited to agricultural purposes in zone A only as identified on the community's Flood Insurance Rate Map (FIRM).

 

(3) For any new or substantially damaged agricultural structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, shall be built with flood-resistant materials in accordance with Sec 28-4(a)(4)b of this ordinance.

 

(4) The agricultural structures shall be adequately anchored to prevent flotation, collapse, or lateral movement of the structures in accordance with Sec 28-4(a)(4)a of this ordinance. All of the building's structural components shall be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.

 

(5) Any mechanical, electrical, or other utility equipment shall be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Sec 28-4(a)(4)d of this ordinance.

 

(6) The agricultural structures shall meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Sec 28-4(b)(3) of this ordinance.

 

(7) The agricultural structures shall comply with the floodplain management floodway encroachment provisions of Sec 28-4(e)(2) of this ordinance. No special exception may be issued for agricultural structures within any designated floodway, if any increase in flood levels would result during the 100-year flood.

 

(8) Major equipment, machinery, or other contents shall be protected from any flood damage.

 

(9) No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or restoration costs of the agricultural structures.

 

(10) A community shall notify the applicant in writing over the signature of a community official that (1) the issuance of a special exception to construct a structure below base flood level will result in increased premium rates for flood insurance (2) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all special exception actions as required by this ordinance.

 

(11) Wet-floodproofing construction techniques shall be reviewed and approved by the community and a registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.

 

(h) Conditions for approving special exceptions for accessory structures. Any special exception granted for an accessory structure shall be decided individually based on a case by case analysis of the building's unique circumstances. Special exceptions granted shall meet the following conditions as well as those criteria and conditions set forth in Sec 28-7(e) and (f) of this ordinance.

 

In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any special exception issued for accessory structures that are constructed at-grade and wet-floodproofed.

 

(1) Use of the accessory structures shall be solely for parking and limited storage purposes in zone A only as identified on the community's Flood Insurance Rate Map (FIRM).

 

(2) For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, shall be built with flood-resistant materials in accordance with Sec 28-4(a)(4)b of this ordinance.

 

(3) The accessory structures shall be adequately anchored to prevent flotation, collapse, or lateral movement of the structure in accordance with Sec 28-4(a)(4)a of this ordinance. All of the building's structural components shall be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.

 

(4) Any mechanical, electrical, or other utility equipment shall be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Sec 28-4(a)(4)d of this ordinance.

 

(5) The accessory structures shall meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Sec 28-4(b)(3) of this ordinance.

(6) The accessory structures shall comply with the floodplain management floodway encroachment provisions of Sec 28-4(e)(2) of this ordinance. No special exceptions may be issued for accessory structures within any designated floodway, if any increase in flood levels would result during the 100-year flood.

 

(7) Equipment, machinery, or other contents shall be protected from any flood damage.

 

(8) No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or restoration costs of the accessory structures.

 

(9) A community shall notify the applicant in writing over the signature of a community official that (1) the issuance of a special exception to construct a structure below base flood level will result in increased premium rates for flood insurance (2) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all special exception actions as required by this ordinance.

 

(10) Wet-floodproofing construction techniques shall be reviewed and approved by the community and registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.

 

(i) Conditions for approving special exceptions for temporary structures. Any special exception granted for a temporary structure shall be decided individually based on a case by case analysis of the building's unique circumstances. Special exceptions granted shall meet the following conditions as well as those criteria and conditions set forth in Sec 28-7(e) and (f) of this ordinance.

 

(1) A temporary structure may be considered for location within the 100-year floodplain only when all of the following criteria are met:

 

a. Use of the temporary structure is unique to the land to be developed and cannot be located outside of the floodplain nor meet the NFIP design standards.

 

b. Denial of the temporary structure permit will create an undue hardship on the property owner.

 

c. The community has adopted up-to-date NFIP and building regulations to direct placement and removal of the temporary structure; and.

 

d. The community has sufficient staff to monitor the placement, use, and removal of the temporary structure throughout the duration of the permit.

 

(2) Once all of the above conditions are met, an application for a special use permit shall be made to the Building and Fire Codes Board of Appeals. The Building and Fire Codes Board of Appeals shall consider all applications for special use permits for a temporary structure based on the following criteria:

 

a. The placement of any temporary structure within the special flood hazard areas as shown on the community's adopted Federal Emergency Management Agency/National Flood Insurance Program map shall require an approved special use permit. The special use permit shall be valid for a period not to exceed 180 days.

 

b. Special use permits applications, for a temporary structure to be located in special flood hazard areas, shall conform to the standard public hearing process prior to any community action on the permit request.

 

c. An emergency plan for the removal of the temporary structure that includes specific removal criteria and time frames from the agency or firm responsible for providing the manpower, equipment, and the relocation and disconnection of all utilities shall be required as part of the special use permit application for the placement of any temporary structure.

 

d. On or before the expiration of the end of the 180 day special use permit period, the temporary structure shall be removed from the site. All utilities, including water, sewer, communication, and electrical services shall be disconnected.

 

e. To ensure the continuous mobility of the temporary structure for the duration of the permit, the temporary structure shall retain its wheels and tires, licenses, and towing appurtenance on the structures at all times.

 

f. Under emergency flooding conditions, the temporary structure shall be removed immediately or as directed by the community and as specified in the emergency removal plan.

 

g. Location of any temporary structure within the regulatory floodway requires the provision of a "no-rise" certificate by a registered professional engineer.

 

h. Violation of or non-compliance with any of the stated conditions of the special use permit during the term thereof, shall make the permit subject to revocation by resolution of the governing body of the community. Issuance of permit revocation notice shall be made to the landowner, the occupant of the land, and to the general public.

 

i. Any deviation from the approved site plan shall be deemed a violation of the special use permit approval and the uses allowed shall automatically be revoked. The subsequent use of the land shall be as it was prior to the special permit approval. In event of any violation, all permitted special uses shall be deemed a violation of this ordinance and shall be illegal, non-conforming uses and shall be summarily removed and abated.

 

j. If the temporary structure is to be returned to its previously occupied site, the process for issuing a special use permit shall be repeated in full. Any subsequent permit shall be valid for 180 days only.

 

Sec. 28-8. Violations.

After November 5, 1978, any alteration, encroachment or substantial improvement within any area designated as a regulatory floodplain in the official floodplain document which is in violation of this chapter shall constitute a public nuisance.

After April 1, 1991, any alteration, encroachment or substantial improvement within any area designated as a regulatory floodplain in the official floodplain document and which has suffered substantial damage and which is not repaired within 30 days after the date of the damage shall constitute a public nuisance.

For purpose of this chapter, any alteration, encroachment or substantial improvement within any area designated as a regulatory floodplain in the official floodplain document which is in violation of this chapter shall be presumed to affect the regulatory flood level and regulatory floodplain as to endanger the public health, safety and welfare.

Nothing herein contained shall prevent the City of Kansas City, Missouri or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.

Sec. 28-9. Abatement of public nuisance.

 

(a) Notification of property owner

(1) Whenever the Floodplain Administrator shall determine that a violation of this chapter exists, he shall notify the owner of the property which is the subject of the violation that a public nuisance exists and that, unless the nuisance is abated within 30 days thereafter, it may be abated by authority of the Floodplain Administrator and the cost of such abatement shall be specially assessed and constitute a lien against the property from which abated, and further that the failure, neglect or refusal of the owner to abate such nuisance is deemed an ordinance violation.

(2) The notice shall be by certified or registered mail, return receipt requested, at the last known address of the owner.

(b) Right to hearing.

(1) Within 15 days after receipt of the notice described in section 28-9(a), the owner may request in writing to the Floodplain Administrator that a hearing be conducted for the purpose of contesting the determination of the director that a nuisance has been created or that the subject property is that of the alleged owner.

(2) The Floodplain Administrator shall conduct a hearing as soon as practicable.

(c) Conduct of hearing

(1) The Floodplain Administrator shall notify the appellant under section 28-9 of the hearing date, by certified or registered mail, no later than five days prior to the date set for hearing.

(2) At any hearing the alleged owner shall have the right to be represented by counsel, to present testimony, to offer evidence and arguments, and to cross examine witnesses.

(3) All testimony shall be taken under oath. If the Floodplain Administrator, upon such hearing, shall determine that a nuisance detrimental to the health, safety and welfare exists upon such property, and shall determine that the person or persons requesting such hearing are owners of the property upon which such nuisance is located, he shall file in writing his findings of fact, conclusions of law, and his order that such nuisance be abated within 15 days, and shall cause such findings, conclusions and order to be served upon such owner in the same manner as provided for notice of such hearing, or by mailing a copy thereof to counsel, if any, by certified or registered mail.

(d) Order to abate

(1) If no appeal has been filed under section 28-9(b), the Floodplain Administrator shall order the nuisance abated forthwith by any appropriate means after the expiration of 30 days pursuant to section 28-9(a).

(2) If an appeal has been taken and the Floodplain Administrator has ordered the nuisance abated, the Floodplain Administrator shall order the nuisance abated forthwith by any appropriate means after the expiration of 15 days pursuant to section 28-9(c).

(3) The provisions of subsections (a) and (b) of this section shall not apply if the owner of the subject property has abated the nuisance within the time provided.

(e) Payment of costs

(1) Upon causing abatement of any such nuisance as provided in section 28-9(d), the Floodplain Administrator shall determine the cost of such abatement, including as a portion thereof the reasonable cost of administering the provisions of this section with respect to the property affected, such administrative costs not to exceed the sum of $1,000.00, and shall certify a statement of such costs, describing the real property upon which such abatement was accomplished, to the director of finance as a special assessment upon such real property; however, if an appeal shall have been filed within the period allowed by law therefore, such cost of abatement shall not be so certified to the director of finance unless and until final judgment shall have been rendered on such appeal confirming such order.

(2) Upon receipt of such certification, the director of finance shall immediately enter such costs as a special assessment against such property in appropriate books kept for that purpose, and shall cause a copy of such statement to be sent to the owners of such property by regular United States mail and the original thereof to be retained in the office of the city treasurer, appropriately filed.

(3) Each such special assessment shall constitute a lien upon the real property described thereon, and shall be payable within 60 days after the date of issuance without interest, and thereafter with interest from the date of its issue until paid, at the rate of seven percent per annum. Such lien shall remain in effect for a period of two years from the date of certification to the director of finance, at which time it shall automatically terminate unless legal proceedings to enforce such lien shall have been instituted; and such lien may be enforced by any method appropriate for the enforcement of special assessments generally.

(f) Right of entry. The Floodplain Administrator may enter the premises upon which a nuisance as described in this chapter is situated for the purpose of abating such nuisance, with or without the consent of the owner thereof, without being guilty of trespass.

Sec. 28-10. Penalty for violation of chapter.

Any person who makes an alteration, encroachment or substantial improvement of land within any area designated as a regulatory floodplain in the official floodplain document in violation of this chapter shall, upon conviction, be guilty of an ordinance violation and shall be punishable by a fine of not less than $25.00 and not more than $250.00 for the first offense, and by a fine of not less than $100.00 and not more than $500.00 or by imprisonment for ten days for each subsequent offense. Each day on which any nuisance as defined in this chapter shall remain on any premises after the duty of the owner thereof to abate the nuisance arises shall constitute a separate offense for which the owner thereof may be arrested, tried, convicted and punished separately without necessity of further notices.

Sec. 28-11. Other remedies.

In addition to the method provided in this chapter for abatement of nuisances, whenever the Floodplain Administrator shall deem it necessary or desirable to seek the abatement of such conditions using any other procedure ordinarily available under either the statutory or common law of the state, he may elect to do so to the exclusion of the procedure set out in this chapter.

Sec. 28-12. Amendments.

 

The regulations, restrictions, and boundaries set forth in this ordinance may from time to time be amended, supplemented, changed, or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973, provided, however, that no such action may be taken until after a public hearing in relation thereto, at which parties of interest and citizens 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 Kansas City, Missouri. At least 20 days shall elapse between the date of this publication and the public hearing. A copy of such amendments will be provided to the Region VII office of the Federal Emergency Management Agency (FEMA). The regulations of this ordinance are in compliance with the National Flood Insurance Program (NFIP) regulations.

Sec. 28-13. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense, words used in the singular number include the plural, and words used in the plural number include the singular, the word "herein" means "in this chapter," the word "shall" is mandatory, and the masculine includes the feminine.

(a) "100-year Flood" See "Base Flood"

 

(b) "Accessory Structure" See "Appurtenant Structure"

 

(c) "Actuarial Rates" See "Risk Premium Rates"

 

(d) "Administrator" means the Federal Insurance Administrator.

 

(e) "Agency" means the Federal Emergency Management Agency (FEMA).

 

(f) Agricultural Commodities" means agricultural products and livestock.

 

(g) "Agricultural Structure" means any structure used exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities.

 

(h) Alteration means any change in the contours of the land, either by excavation or fill, in excess of one foot; provided, however, that excavation for utility connections shall not be included.

 

(i) "Appeal" means a request for review of the Floodplain Administrator's interpretation of any provision of this ordinance or a request for a special exception.

 

(j) "Appurtenant Structure" means a structure that is on the same parcel of property as the principle structure to be insured and the use of which is incidental to the use of the principal structure.

 

(k) Architect means any architect registered, in good standing, and legally authorized to practice architecture in the state.

 

(l) "Area of Shallow Flooding" means a designated AO or AH zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

 

(m) "Area of Special Flood Hazard" is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.

 

(n) "Base Flood" means the flood having a one percent chance of being equaled or exceeded in any given year.

 

(o) Base Flood Elevation means the elevations identified in the official floodplain document in part II, flood insurance rate map.

 

(p) "Basement" means any area of the structure having its floor subgrade (below ground level) on all sides.

 

(q) "Building" See "Structure"

 

(r) "Chief Executive Officer" or "Chief Elected Official" means the official of the community who is charged with the authority to implement and administer laws, ordinances, and regulations for that community.

 

(s) "Community" means any State or area or political subdivision thereof, which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.

 

(t) "Development" means any man-made 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.

 

(u) "Elevated Building" means for insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

 

(v) "Eligible Community" or "Participating Community" means a community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).

 

(w) Encroachment means a walled and roofed enclosure, a building, a structure or other type of installation, but excluding any addition or modification to any existing walled and roofed enclosure, building, structure or other installation; or any paving, drilling operation or storage of equipment or materials.

 

(x) "Existing Construction" means for the purposes 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 Structures."

 

(y) "Existing Manufactured Home Park or Subdivision" 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 before the effective date of the floodplain management regulations adopted by a community.

 

(z) "Expansion to an Existing Manufactured Home Park or Subdivision" 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).

 

(aa) FEMA means the Federal Emergency Management Agency.

 

(bb) "Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of inland and/or (2) the unusual and rapid accumulation or runoff of surface waters from any source. See also Regulatory Flood

 

(cc) "Flood Boundary and Floodway Map (FBFM)" means an official map of a community on which the Administrator has delineated both special flood hazard areas and the designated regulatory floodway.

 

(dd) "Flood Elevation Determination" means a determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year.

 

(ee) "Flood Elevation Study" means an examination, evaluation and determination of flood hazards.

 

(ff) "Flood Fringe" means the area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood.

 

(gg) "Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the Administrator, where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A zones.

 

(hh) "Flood Insurance Rate Map (FIRM)" means an official map of a community, on which the Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

 

(ii) "Flood Insurance Study (FIS)" means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, prepared and issued by the Federal Insurance Administration pursuant to the National Flood Insurance Act of 1968, as amended, 42 USC 4001--4127, including the flood insurance rate maps and flood boundary and floodway maps, and subsequent amendments thereto.

 

(jj) Flood Level See Regulatory flood level

 

(kk) "Floodplain" or "Flood-prone Area" means any land area susceptible to being inundated by water from any source (see also "Flooding" and Regulatory floodplain).

 

(ll) "Floodplain Management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.

 

(mm) "Floodplain Management Regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and other applications of police power. The term describes such state or local regulations, in any combination thereof, that provide standards for the purpose of flood damage prevention and reduction.

 

(nn) "Floodproofing" 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, or structures and their contents.

 

(oo) "Floodway" or "Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas that shall be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

 

(pp) "Floodway Encroachment Lines" means the lines marking the limits of floodways on Federal, State and local floodplain maps.

 

(qq) "Freeboard" 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 bridge openings and the hydrological effect of urbanization of the watershed.

 

(rr) "Functionally Dependent Use" means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers, but does not include long-term storage or related manufacturing facilities.

 

(ss) "Highest Adjacent Grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

 

(tt) "Historic 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.

 

(uu) "Lowest Floor" means 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 ordinance.

 

(vv) "Manufactured Home" means a structure, transportable in one or more sections, that 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."

 

(ww) "Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

 

(xx) "Map" means the Flood Hazard Boundary Map (FHBM), Flood Insurance Rate Map (FIRM), or the Flood Boundary and Floodway Map (FBFM) for a community issued by the Federal Emergency Management Agency (FEMA).

 

(yy) "Market Value" or "Fair Market Value" means an estimate of what is fair, economic, just and equitable value under normal local market conditions.

 

(zz) "Mean Sea Level" means, 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.

 

(aaa) "New Construction" means, for the purposes of determining insurance rates, structures for which the "Start of Construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "New Construction" means structures for which the "Start of Construction commenced on or after the effective date of the floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.

 

(bbb) "New Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lot 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 the community.

 

(ccc) "NFIP" means the National Flood Insurance Program (NFIP).

 

(ddd) Official Floodplain Document means that document adopted by this chapter which sets forth areas of substantial flooding that are based upon the flood insurance study, amendments thereto, and engineering and hydraulic information and that constitute a possible danger to the health and safety of city residents.

 

(eee) Owner means the real and actual owner of the fee title, the life tenant, occupant, tenant, lessee, tenant at will, tenant at sufferance, person in lawful possession, adverse possessor, and any other person, firm, partnership, corporation or association asserting or having any possessory right, title or interest in any lot, tract or parcel of land in the city. 

 

(fff) "Participating Community" also known as an "Eligible Community," means a community in which the Administrator has authorized the sale of flood insurance.

 

(ggg) "Person" means any individual or group of individuals, corporation, partnership, association, or any other entity, including Federal, State, and local governments and agencies.

 

(hhh) "Principally Above Ground" means that at least 51 percent of the actual cash value of the structure, less land value, is above ground.

 

(iii) Professional Engineer means any engineer registered, in good standing, and legally authorized to practice engineering in the state.

 

(jjj) "Recreational Vehicle" means a vehicle which is (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projections; (c) designed to be self-propelled or permanently towable by a light- duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

 

(kkk) Regulatory Flood means a flood of 100-year frequency or a flood which has a one percent chance of occurring each year, as statistically calculated. 

 

(lll) Regulatory Flood Level means the water surface elevation necessary to discharge a regulatory flood, and more specifically identified in the official floodplain document as "regulatory flood level" in the flood insurance study adopted as part of the official floodplain document. 

 

(mmm) Regulatory Floodplain means the channel of a river or other watercourse and the land adjacent thereto, regardless of physical obstructions, that is subject to inundation in the event of a regulatory flood and which is subsequent to restrictions. 

 

(nnn) "Remedy A Violation" means to bring the structure or other development into compliance with Federal, State, or local floodplain management regulations; or, if this is not possible, to reduce the impacts of its noncompliance.

 

(ooo) "Risk Premium Rates" means those rates established by the Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. "Risk Premium Rates" include provisions for operating costs and allowances.

 

(ppp) "Special Exception" means a grant of relief by the community from the terms of a floodplain management regulation. Flood insurance requirements remain in place for any varied use or structure and cannot be varied by the community.

 

(qqq) "Special Flood Hazard Area" See "Area of Special Flood Hazard"

 

(rrr) "Special Hazard Area" means an area having special flood hazards and shown on a FHBM, FIRM or FBFM as zones (unnumbered or numbered) A, AO, AE, or AH.

 

(sss) "Start of Construction" means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvements, were within 180 days of the permit date. The Actual Start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, 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, the installation of streets and/or walkways, excavation for a basement, footings, piers, foundations, the erection of temporary forms, nor installation on the property of accessory structures, 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.

 

(ttt) "State Coordinating Agency" means that agency of the state government, or other office designated by the governor of the state or by state statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that state.

 

(uuu) "Structure" means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Structure" for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. 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.

 

(vvv) "Substantial Damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to pre-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

 

(www) "Substantial Improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This term includes structures which have incurred "substantial-damage," regardless of the actual repair work performed. The term does not, however, include either (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 encroachment listed in the National Register of Historic Places or the state inventory of historic places, provided that the alteration will not preclude the continued designation of the structure as historic.

 

(xxx) "Temporary Structure" means a structure permitted in a district for a period not to exceed 180 days and is required to be removed upon the expiration of the permit period. Temporary structures may include recreational vehicles, temporary construction offices, or temporary business facilities used until permanent facilities can be constructed, but at no time shall it include manufactured homes used as residences.

 

(yyy) "Violation" means the 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 by this ordinance is presumed to be in violation until such time as that documentation is provided.

(zzz) "Water Surface Elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney