The city council finds as follows:

A.

Based upon the disaster declaration made by the President of the United States affecting the state of South Dakota, which declaration was made because of unprecedented snowfall during the winter of 1996-97, the city has a window of opportunity to participate in the national flood insurance program, and such participation requires passing a flood damage prevention ordinance.

B.

The flood hazard areas of the city are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commence 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.

C.

These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood proofed, elevated, or otherwise protected from flood damage also contribute to the flood loss.

(Ord. 406 § 1 (part), 1997)

It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions to specific areas by provisions designed:

A.

To protect human life and health;

B.

To minimize expenditure of public money for costly flood control projects;

C.

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

D.

To minimize prolonged business interruptions;

E.

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

F.

To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

G.

To ensure that potential buyers are notified that property is in an area of special flood hazard; and

H.

To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(Ord. 406 § 1 (part), 1997)

In order to accomplish its purposes, this chapter includes methods and provisions for:

A.

Restricting or prohibiting uses which are dangerous to health, safety, and properly due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

B.

Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

C.

Controlling the alternation of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

D.

Control filling, grading, dredging, and other development which may increase flood damage; and

E.

Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

(Ord. 406 § 1 (part), 1997)

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.

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

"Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.

"Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:

1.

The overflow of waters, and/or

2.

The unusual and rapid accumulation or runoff of surface waters from any source.

"Manufactured home" 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."

"Structure" means a walled and roofed building or manufactured home that is principally aboveground.

"Substantial improvement" means any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

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.

(Ord. 406 § 1 (part), 1997)

This chapter shall apply to all areas within the jurisdiction of Marshall County, except incorporated municipalities.

(Ord. 406 § 1 (part), 1997)

No structure or land shall hereafter be constructed, located, extended, or altered without full compliance with the terms of this chapter and other applicable regulations.

(Ord. 406 § 1 (part), 1997)

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and any other chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. 406 § 1 (part), 1997)

In the interpretation of this chapter, all provisions shall be:

A.

Considered as minimum requirements;

B.

Liberally construed in favor of the governing body; and

C.

Deemed neither to limit nor repeal any other powers granted under state statute.

(Ord. 406 § 1 (part), 1997)

This chapter shall not create liability on the part of the city, any officer or employee of the city, or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made under this chapter.

(Ord. 406 § 1 (part), 1997)