The purpose of this article is to ensure that regulations are in place to promote good site design, connectivity, and sustainability while promoting the goals of the city's comprehensive plan and protecting the health, safety and welfare of the community. These standards are intended to encourage quality site design that will enable calmer traffic patterns, encourage pedestrian access, provide adequate public facilities, promote enhanced building design, create memorable streetscapes, encourage the creative use and design of sites to provide a variety of architectural styles and building types, preserve open space and natural features, and to create innovative and compatible residential and commercial development while providing for necessary access and services. Sustainable development practices, including infill and redevelopment of underused sites, providing alternative transportation facilities, and innovation in addressing and managing stormwater, site disturbance, energy use and landscaping design are encouraged.

(Ord. No. 8804, § I, 4-11-05)

The regulations provided under this article shall apply to all development proposals that include new construction, an alteration or an addition to an existing facility for all districts. All development plan applications shall also be evaluated based on the design principles of the corresponding zoning district.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9416, § X, 2-9-09)

To promote quality design and sustainability, all commercial, industrial and multi-family development shall be designed in accordance with the provisions of this article.

(Ord. No. 8804, § I, 4-11-05)

To promote quality design and sustainability, buildings in all zoning districts shall be designed and situated in accordance with the following standards:

(1)

Wherever possible, buildings should be built to the street and the primary facade of a building shall face the public street upon which the building is addressed.

(2)

Buildings shall be constructed of quality materials such as brick, stone, articulated block, stucco, E.I.F.S. or composite lap siding. Pre-fabricated metal panels shall not be allowed for exterior sheathing material except for agricultural buildings within agricultural districts, accessory structures on residential lots greater than three (3) acres in size, and in districts M-1 and M-2. Exceptions may be granted at the discretion of the Planning & Development Director for Barndominium homes on unplatted lots, fifteen (15) acres in size or greater in districts A and R-1A.

(3)

Wherever possible, entryways and windows shall be articulated on all elevations to create a welcoming image. Windows located on the primary facade, including display windows, transoms, and entry doors shall be transparent or designed to allow visual access through the building.

(4)

All sides of a building shall have similar architectural details. Blank walls shall be avoided. Uninterrupted elevations shall be broken up with architectural details and blank walls shall be avoided.

(5)

Accessory structures and retaining walls shall be designed to complement the primary structure and overall site design.

(6)

Where multiple commercial buildings are located on the same lot, twenty (20) feet of separation shall be provided between all buildings. This area shall be landscaped and used to provide amenity to users of the site.

(7)

Buildings shall be sited in a manner to preserve natural vistas or streetscapes.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 10946, § IV, 8-27-18; Ord. No. 12006, § I, 11-25-24)

To ensure safe pedestrian and vehicular access to and through the site, sites shall be designed in accordance with the following standards:

(1)

An adequate driveway "throat" shall be provided from the public street to a public or private parking lot, unencumbered by parking spaces, turnaround areas, or control gates. The minimum throat depth shall follow generally accepted transportation, engineering, and planning practices.

(2)

Wherever possible, drive approaches shall be constructed and located as follows:

a.

Along arterial streets, no approach shall be less than five hundred (500) feet to any intersection and no closer to another approach than five hundred (500) feet measured centerline to centerline; and

b.

Along collector streets, no approach shall be less than three hundred (300) feet to any intersection and no closer to another approach than three hundred (300) feet measured centerline to centerline.

(3)

Drive-thru access shall be designed to reduce conflicts between pedestrians, parked vehicles, and circulating traffic. Stacking space shall be provided in a manner that prevents pedestrian and vehicular interference, as well as in such a manner to not interfere with ingress and egress to the site, building, or parking spaces.

(4)

Wherever possible, dock doors and delivery areas should be located at the rear of buildings to separate customer and employee traffic from loading and service vehicles.

(5)

Sidewalks shall be provided along street frontages and where connections to existing sidewalks and trails exist or are planned.

(6)

Pedestrian access to buildings, off-street parking, and sidewalks shall be designed to safely separate pedestrian and vehicular traffic.

(Ord. No. 8804, § I, 4-11-05)

To promote safely designed and efficient parking areas, sites shall be designed in accordance with the following:

(1)

All improved parking areas shall be constructed in accordance with the design criteria for parking lot construction as established by the department of public works.

(2)

Parking lots shall be designed to include landscape islands and buffers to reduce the visual impact and to facilitate pedestrian and vehicle traffic flow through the parking lot in accordance with the following:

a.

A minimum ten-foot landscaped buffer shall be provided around the perimeter of any parking lot to reduce the visual impact and enhance proper drainage.

b.

Landscape islands a minimum of ten (10) feet wide shall be provided at the end of rows of parking in order to direct the flow of traffic.

(3)

Wherever possible, parking shall be dispersed throughout the site and located to the side and rear of buildings.

(4)

The runoff discharged from parking lots, driveways and roads contain a wide variety of pollutants including particulates, nitrogen, phosphorus, lead, zinc, iron, copper, cadmium, chromium, nickel, manganese, cyanide, sodium chloride, calcium chloride and sulphates. Additionally, litter from these areas is a primary source of floatable contaminants in the receiving water bodies. Temperature and overall quantity are also stormwater quality concerns. Runoff resulting from the water quality volume shall be treated to address the above listed issues in accordance with the following standards:

a.

Up to 10%, but not more than 1 acre, of a site's total driving surfaces may discharge in a sheet flow condition through existing established vegetation such as may exist in a stream buffer without otherwise being treated. However, this quantity should still be considered in the overall stormwater quantity management.

b.

Appropriate Best Management Practices (BMPs) to address the quality of water from paved surfaces may include, but are not limited to those methods outlined in the Manual of Best Management Practices for Storm Water Quality as referenced in the City of Liberty Technical Specification and Design Criteria for Public Improvement Projects and the City's Stormwater Management Ordinance [Chapter 31 of this Code].

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9416, § XI, 2-9-09)

To ensure that new development preserves and enhances the natural beauty of Liberty by including trees, shrubs and colorful plants; promotes the health and safety of Liberty citizens by improving air quality, reducing stormwater runoff and flooding and; provides a safer, more pleasant and attractive environment that increases property values, attracts potential residents, visitors, and businesses; site landscaping shall be designed in accordance with the following standards. Owners and developers are encouraged to exceed these minimum standards and include annual flowers for color.

(1)

Landscape design, including planting locations and the coordination of species, shall be used to enhance the visual character of a development and neighborhood. A variance may be granted by the city council in accordance with section 30-21.11 of this UDO to allow hardscape, art, or water features in lieu of certain landscaping requirements.

(2)

Landscaping within and around a parking lot shall be provided in accordance with the following minimum standards and sight distance regulations as found in subsection 30-44(12) of this UDO:

a.

Large growing trees shall be planted one per ten (10) parking spaces. These trees may be planted within landscape islands, buffer areas, or open space.

b.

Small growing trees shall be planted one per fifteen (15) spaces. These trees may be planted within landscape islands, buffer areas, or open space.

c.

One shrub shall be planted for every two (2) parking spaces. These shrubs may be planted within landscape islands, buffer areas, or open space. Consideration should be given toward snow clearing operations and public safety.

d.

Islands used for tree planting shall have a minimum area of one hundred twenty-five (125) square feet and a minimum width of seven (7) feet.

e.

Parking lots that exceed two hundred (200) stalls shall have a minimum of thirty (30) per cent of trees and twenty (20) per cent of shrubs required under this paragraph to be planted in tree islands.

(3)

Large growing street trees shall be required along the property's frontage with any public or private street or drive in accordance with the following minimum standards and sight distance regulations as found in subsection 30-44(12) of this UDO:

a.

For all local streets, collector streets, and arterials, one tree per fifty (50) linear feet shall be planted, except where the planting of a tree shall interfere with safe vehicular or pedestrian access. If the planting of large growing street trees interferes with overhead utility lines, small growing trees may be planted at a frequency of one tree per thirty-five (35) linear feet. The city tree board maintains a list of acceptable street trees.

b.

For all private drives, one tree per fifty (50) linear feet shall be planted along the property's frontage, where possible, or may be planted elsewhere on site.

(4)

In addition to the parking lot landscaping and street tree requirements, open space areas shall be landscaped in accordance with the following:

a.

For every three thousand (3,000) square feet of building area, at least one large growing tree shall be required. Two (2) small growing trees may be planted instead of one large growing tree.

b.

At least one shrub shall be planted for every two hundred fifty (250) square feet of building area. In no case shall more than four hundred (400) shrubs be required; however, developers are encouraged to exceed these minimum standards.

(5)

All required landscaping shall be planted according to the approved landscaping plan prior to the approval of a final certificate of occupancy.

(6)

Plant selection shall adhere to the following requirements and specifications:

a.

Street trees shall be selected from the city tree board's list of approved street trees and planted in accordance with the city's tree planting guide. Trees used for landscaping within or around parking lots or open spaces shall be selected with consideration to the city's list of prohibited trees and invasive species.

b.

Trees, shrubs, and perennials shall be hardy in the USDA Cold Hardiness Zone of 6a, which is -5 degrees Fahrenheit to -10 degrees Fahrenheit. Trees, shrubs, and perennials should be hardy in the American Horticultural Society Heat Zone of 7.

c.

The preferred planting season is September through June.

d.

Nursery stock shall meet the most current version of the American Standard for Nursery Stock, and shall be selected in accordance with the following minimum provisions:

1.

Large growing trees: 1.5-inch caliper, measured one foot above grade.

2.

Small growing trees: 1.5-inch caliper, measured one foot above grade.

3.

Conifers and evergreens: five (5) feet in height.

4.

Shrubs: three-gallon container.

5.

Perennials: one-gallon container. Plugs may be used only in bioswales or stormwater detention areas at a ratio of three (3) plugs for every one-gallon perennial.

6.

Up to half of the required shrubs may be substituted for perennials at a minimum ratio of three (3) perennials for every one shrub required.

(7)

Existing trees on site may be credited against required trees for the building only. Credit may be granted at the rate of three (3) required trees per existing tree retained of eight-inch caliper or greater.

a.

To be eligible for credit, existing trees must be in a healthy condition and be properly protected during construction.

1.

Protective fencing shall be placed along the drip lines of trees or tree groupings to protect the critical root zone from potential damage. No excavation, trenching, construction, driving of vehicles or equipment, storage of materials, or other activity may occur within the fenced area.

b.

Credit for existing trees shall not count toward trees required for parking lots or street trees.

c.

Any existing trees credited under this provision shall not be credited toward replacement trees required under subsection 30-97.4(10)a.

d.

Credit may be given for existing wetlands, prairies, or the natural features that are maintained at the discretion of the city.

(8)

The developer, its successor, and/or subsequent owners of a development shall be responsible for the maintenance of landscaping on a continuing basis for the life of a development in accordance with the approved landscape plan. If the property owner desires to install new landscaping, an amended landscape plan may be approved administratively. All trees, plant material, and landscaping shall be maintained in good condition. If the city determines such trees, plant material, or landscaping to be in violation, it may be ordered that the same be abated by replacing such trees, plant material, or landscaping. If the violation is not abated or otherwise addressed within sixty (60) days, the city may remove and replace the nuisance, or cause the removal and replacement of the nuisance, and charge the owner for the abatement costs thereof.

(9)

All land areas not covered by buildings or to be left unpaved shall be brought to finished grade and planted in sod, native grasses, or other appropriate ground covers, except where approved to be preserved as natural areas, riparian protection areas, or other ecological or indigenous features. This shall include any soil disturbance outside the project site.

(10)

The preservation of existing trees and vegetation is encouraged.

a.

Each existing tree with a diameter of eight (8) inches or more, measured at four and one-half (4.5) feet above grade, that is removed shall be replaced with two (2) one-and-one-half-inch caliper large growing trees, measured one foot above grade. Trees that are determined to be unhealthy or are located where they could cause a safety hazard shall not be replaced. Any such replacement trees shall be required in addition to the landscaping design standards set forth in this UDO.

b.

For each tree with a diameter of eight (8) inches or more that is retained on site, the developer shall be credited against the replacement required at a rate of two (2) trees per eight (8) inches of tree saved. Preserved trees shall be protected from construction damage with the erection of a fence at the drip line or further out, if possible. Protective fencing shall be removed only after all construction has been completed, including final grading.

c.

If, through the development review process, the city determines that the site cannot accommodate the number of required replacement trees, the developer shall, prior to final occupancy, provide an equivalent fee-in-lieu of trees to a dedicated parks tree account. The fee per tree shall be posted in the city's schedule of fees. The fee-in-lieu shall be used for the future planting of trees in parks, rights-of-way, and public spaces, the location of which shall be determined by the director of parks and recreation. When a fee-in-lieu of trees provision exists and a variance is granted in accordance with section 30-21.11, the developer may receive a dollar-for-dollar credit for investment in public art in the City of Liberty when such art is deemed to be of public value by the arts commission and the city council. Aforementioned art may or may not be located on the development site.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9433, § I, 3-23-09; Ord. No. 10143, § IV, 12-16-2013)

To ensure that new development occurs in a manner that is sensitive to the surrounding environment, sites shall be designed in accordance with the following standards:

(1)

Where any commercial, industrial, or multi-family development abuts a single or two-family residential development, a buffer shall be provided with sufficient plant material and/ or open space to reduce the impact of a high intensity use on adjacent residential property. Such buffer shall either be a one hundred-foot landscaped open space corridor or a fifty-foot open space corridor and an earthen berm landscaped with evergreens and trees. Exceptions to this requirement may be permitted for development within the CBD and MU districts or where unique conditions prevail.

(2)

Wherever possible, buildings should be oriented so that utilitarian areas, such as loading and service areas, trash receptacles, off-street parking, and drive-thru service areas are de-emphasized, located at the rear of the building and away from other highly visible portions of the site or appropriately screened from view of adjacent properties or the public right-of-way.

(3)

An enclosure or screen wall shall be designed and constructed in a manner that is complementary to the site and principal building.

(4)

Permanent outdoor display structures shall be enclosed with materials compatible to the building architecture such as a decorative fence, wall, or other similar material. Limited visibility of the items displayed may be allowed at the city's discretion, where the location or merchandise does not detract from the overall appearance of the site. Merchandise displayed may not be stacked or situated to extend beyond the height of the enclosure.

(5)

Rooftop equipment shall be properly screened from public view by architectural treatments that are compatible to the design of the building and integral to the overall design and appearance of the building. Screening shall be as high or higher than the equipment being screened. Exceptions to this provision may be allowed when equipment is located or a building is sited in a manner where the equipment is not visible from adjoining properties or public streets.

(Ord. No. 8804, § I, 4-11-05)

To ensure that new development occurs in a manner that maintains open areas free from structures and parking areas, sites shall be designed such that twenty (20) per cent of the total lot area shall remain as open space. Buffers, required above-ground detention, drainage basins and required yards may be used to calculate the required open space. Where appropriate, these areas shall be used as public gathering space and may include amenities such as benches, tables, chairs, and fountains.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9416, § XII, 2-9-09)

To ensure that new development occurs in a manner that includes appropriate levels of on-site lighting, sites shall be designed in accordance with the following standards:

(1)

The height and style of lighting fixtures shall be in character with the building and streetscape design;

(2)

Lots abutting residential dwellings shall use low-level lighting and a maximum pole height of twelve (12) feet to minimize light visibility on adjoining properties;

(3)

Exterior lighting attached to a building or structure shall be for safety purposes only and shall not be used as an attention-attracting device.

(4)

Lighting, including freestanding, bollard, or lights attached to a building or canopy shall not be placed or directed to create a glare or excessive light spillage on neighboring sites or public streets.

(5)

Light fixtures in commercial developments shall not exceed twenty-five (25) feet in height measured from the finished grade.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 10946, § V, 8-27-18)

To ensure that new development occurs in a manner that maintains acceptable topographical condition, sites shall be designed in accordance with the following standards:

(1)

Grading and erosion control shall be completed in accordance with the City of Liberty Technical Specification and Design Criteria for Public Improvement Projects.

(2)

Grading shall preserve wherever possible the existing topography, natural ground cover, and vegetation. Natural vistas shall be preserved, and wherever possible, topography shall be used to create and enhance visually creative streetscapes.

(3)

No finished slope shall exceed 3:1 without appropriate management techniques, which may include retaining walls, ground cover or native grasses. Any retaining wall in excess of four (4) feet high shall require plans stamped by a licensed engineer and submitted as part of a development plan application.

(4)

Where these slopes are adjacent to natural drainageways and existing vegetation is removed, permanent erosion control measures shall be provided and re-planting of vegetation shall be required. Erosion control measures may include, but are not limited to, bioengineering measures, gabion baskets, concrete channel liners, ditch checks or riprap.

(Ord. No. 8804, § I, 4-11-05)

To ensure that new development occurs in a manner that assures minimal impact to downstream properties as a result of proposed changes to existing drainage patterns while maintaining sound site design principles, sites shall be designed in accordance with the following standards:

(1)

Stormwater and site drainage shall be managed and facilities provided in accordance with the Stormwater Management Ordinance [Chapter 31 of this Code] and the City of Liberty Technical Specification and Design Criteria for Public Improvement Projects.

(2)

On-site detention or retention facilities shall be designed in such a manner that is complementary to the overall development and surrounding area. An easement guaranteeing the maintenance of such facilities shall be required to be dedicated prior to the issuance of a final certificate of occupancy.

(3)

A post-construction stormwater management plan shall be prepared and submitted for approval. The purpose of post-construction stormwater management is to control the peak discharges of stormwater from a site and to prevent the discharge of pollutants to the waters of the state to the maximum extent practicable. This includes both the discharge of pollutants from the site itself as well as the discharge of sediment and other native materials through the destruction of the natural stream corridor that is usually related to the quantity of flows.

A post-construction stormwater management plan shall include the following:

a.

A pre- and post-development hydrologic analysis of the site;

b.

Identification of pollutants of concern for each area of the site;

c.

Identification of pollution prevention measures;

d.

Identification of controls that provide treatment and reduce stormwater volumes and velocities;

e.

Identification of low impact development opportunities that can best mimic the natural hydrology of the site and filter pollutants from the runoff; and

f.

A plan to provide for long term operation and maintenance of controls.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9416, § XIII, 2-9-09)

It is the intent of the city to develop stream buffers that provide natural landscaping, establish buffers to open channel systems, and contribute to the city's overall stormwater management system. The purpose of the riparian buffer is to prevent development that is hazardous to ecologically sensitive areas and to encourage the use of best management practices within riparian edge buffer zones by promoting sustainable development and landscape practices. The buffer is in itself a filtration, infiltration and stabilization best management practice.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9416, § XIV, 2-9-09)

The riparian buffer shall apply to land located within one hundred (100) linear feet of perennial, intermittent, or ephemeral streams having at least forty (40) acres of drainage area and shall be measured from the ordinary high water mark. The provisions of this article are designed to manage uses or any land, in whole or part, located within the buffer area to assist in accomplishing the intent of these provisions. Any structure, vegetation, or situation made nonconforming by the adoption of this overlay district, shall be treated as a nonconforming structure or use and shall be held to these regulations under the provisions of Article IX.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9416, § XV, 2-9-09)

The purpose of the streamside buffer zone is to protect the integrity of streams, creeks and other natural water features. Any development proposed in proximity to a riparian area shall comply with the following standards:

(1)

Stream setback: Twenty-five (25) feet from the edge of the stream, including any steep slopes (exceeding 3:1).

(2)

Permitted uses within this area include flood control structures, utility easements, unpaved footpaths and road crossings. Only native vegetation shall be planted within this area. Existing vegetation shall not be disturbed. Non-native species of ground covers shall not be allowed. When a permitted use is constructed within the buffer, the area of disturbance shall be minimized to the maximum extent practicable and native vegetation re-established upon completion of the construction.

(3)

Prohibited uses shall include all other uses and structures not specifically listed.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9416, § XVI, 2-9-09)

The purpose of the riparian edge buffer zone is to provide a buffer between development and the streamside zone. Any development proposed in proximity to a riparian area shall comply with the following standards:

(1)

Stream setback: Fifty (50) feet from the edge of the streamside buffer zone boundary or to the edge of the boundary of the 100-year floodplain, whichever is farthest from the edge of the stream.

(2)

Permitted uses shall include all uses of the streamside buffer in addition to the hiking and biking trails, stormwater facilities and recreational uses. Limited tree clearing may be allowed by land disturbance permit only. Only native vegetation shall be planted within this area. When a permitted use is constructed within the buffer, the area of disturbance shall be minimized to the maximum extent practicable and native vegetation re-established upon completion of the construction.

(3)

Prohibited uses shall include all other uses and structures not specifically listed.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9416, § XVII, 2-9-09; Ord. No. 10769, § I, 8-14-17)

The purpose of a wellhead protection buffer is to protect groundwater resources for the safety, health, and welfare of the community; and to protect existing and future sources of drinking water; and encourage sustainable practices to protect natural resources as recommended by the comprehensive plan.

(Ord. No. 8804, § I, 4-11-05)

The wellhead protection buffer shall encompass the Missouri River Aquifer's source area in the 10—100 year range, as defined by the groundwater protection plan.

(Ord. No. 8804, § I, 4-11-05)

Within the wellhead protection buffer, landowners shall submit, in support of a development plan application, a clear delineation of all proposed uses and an analysis indicating the level and extent to which the proposed use could impact the groundwater supply and the protected aquifer. If it is determined that the proposed new use or expansion to an existing use may negatively affect the city's groundwater supply or the aquifer, the application shall be denied.

(Ord. No. 8804, § I, 4-11-05)

It is the purpose of this section to regulate the floodplain area through provisions designed to promote the public health, safety and general welfare and to minimize losses due to flood hazards, which will:

(1)

Restrict or prohibit uses that in times of flooding can cause undue increases in flood heights or velocities or can be dangerous to the public health, safety and welfare of the community;

(2)

Require that uses vulnerable to floods be provided with flood protection at the time of initial construction;

(3)

Provide public information for evaluating land purchases that are unsuited for intended purposes because of flood hazard; and

(4)

Maintain the community's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d).

(Ord. No. 8804, § I, 4-11-05; Ord. No. 10409, § I, 7-27-15)

The special flood hazard areas of the city are subject to inundation, which can result 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. Flood losses are caused by:

(1)

The cumulative effect of development and obstructions in areas of flood hazard that cause increases in flood heights and velocities;

(2)

The inadequate anchoring of obstructions that may cause damage to uses in other areas; and

(3)

The occupancy of flood hazard areas by uses vulnerable to floods, that may be hazardous to others, inadequately elevated, or otherwise inadequately protected from flood damage.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 10409, § I, 7-27-15)

The Flood Insurance Study (FIS) that is the basis of this article uses a standard engineering method of analyzing flood hazards which consist of a series of interrelated steps:

(1)

Selection of a base flood that is based upon engineering calculations which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The base flood selected for this UDO is representative of large floods which are characteristic of what can be expected to occur on the particular streams subject to this ordinance. It is in the general order of a flood which could be expected to have a one per cent chance of occurrence in any one year as delineated on the Federal Insurance Administrator's FIS, and illustrative materials for Clay County dated August 3, 2015 as amended, and any future revisions thereto.

(2)

Calculation of water surface profiles based upon a hydraulic engineering analysis of the capacity of the stream channel and over bank areas to convey the regulatory flood;

(3)

Computation of the floodway required to convey this flood without increasing flood heights more than one foot at any point;

(4)

Delineation of floodway encroachment lines within which no obstruction is permitted that would cause any increase in flood height;

(5)

Delineation of a flood fringe, the area outside the floodway encroachment lines but which still is subject to inundation by the base flood.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 10409, § I, 7-27-15)

(1)

Applicability: This section shall apply to all lands within the jurisdiction of the city, identified as numbered and unnumbered A zones and AE zones, on the Flood Insurance Rate Maps (FIRMs) for Clay County on map panels 29047C0139E, 29047C0144E, 29047C0145E, 29047C0165E, 29047C0226E, 29047C0227E, 29047C0228E, 29047C0229E, 29047C0231E, 29047C0232E, 29047C0233E, 29047C0234E, and 29047C0237E dated August 3, 2015 as amended, and any future revisions thereto, and within the buffers Floodway and Floodway F established in this section. In all areas covered by this section, no development shall be permitted except upon a permit to develop granted by city council or its duly designated representative under such safeguards and restriction as the city may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community and where specifically noted in this section.

(2)

Administration: The city engineer is hereby appointed to administer and implement the provisions of this section. Duties of the city engineer shall include, but not be limited to:

a.

Review all development permits to ensure that sites are reasonably safe from flooding and that the permit requirements of this section have been satisfied;

b.

Review permits for proposed development to ensure that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required;

c.

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

d.

Ensure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished;

e.

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

f.

Verify, record and maintain record of the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood-proofed; and

g.

When flood-proofing is utilized for a particular structure the city engineer shall be presented certification from a registered professional engineer or architect.

h.

Issue floodplain development permits for all approved applications.

(3)

Rules for interpretation of buffer boundaries: The boundaries of the floodway and floodway fringe buffers shall be determined by scaling distances on the flood insurance rate map or floodway map. Where interpretation is needed as to the exact location of the boundaries of a buffer, for example, where there appears to be a conflict between a mapped boundary and actual field conditions, the city engineer shall make the necessary interpretation. In such cases where the interpretation is contested, the city council will resolve the dispute. The regulatory flood elevation for the point in question shall be the governing factor in locating the buffer boundary on the land. The person contesting the location of the buffer boundary shall be given a reasonable opportunity to present technical evidence to council.

(4)

Compliance: No development located within known flood hazard areas of this community shall be located, extended, converted or structurally altered without full compliance with the terms of this section and other applicable regulations.

(5)

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

(6)

Interpretation: The provisions of this section shall be held to be minimum requirements and shall not be deemed a limitation or repeal of any other powers granted by state statutes.

(7)

Warning and disclaimer of liability: The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood height may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that areas outside floodway and floodway fringe buffer boundaries or land uses permitted within the buffers will be free from flooding or flood damages. This section shall not create liability on the part of the city or any officer or employee thereof for any flood damages that may result from reliance on this section or any administrative decision lawfully made thereunder.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 8888, § II, 10-24-05; Ord. No. 10409, § I, 7-27-15)

(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 section 30-100.3(1). 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. In order to develop, construct, remove, or alter a building within a designated floodplain buffer, an application shall be submitted that includes the following information:

a.

Description of the work to be covered by the permit;

b.

Description of the land on which the proposed work is to be done, including a legal description and street address;

c.

Indication of the use or occupancy for which the proposed work is intended;

d.

Indicate the assessed value of the structure and the fair market value of the improvement;

e.

Plans and specifications for proposed construction;

f.

In flood-prone areas, elevations of the lowest floor, including basement, or in the case of a flood-proofed nonresidential structure, the elevation to which it has been flood-proofed; and

g.

Any additional information as may be required by the city engineer such as:

(i)

Typical valley cross sections and profile showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross sectional areas to be affected by the proposed development and elevation of the 100-year flood; and

(ii)

Plan, surface view showing elevation or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities, photographs showing existing land uses and vegetation upstream and downstream, soil types and other pertinent information.

(2)

The city engineer shall review all building permit and development plan applications to determine if the site of the proposed development meets the provisions of this section and that all necessary permits have been received as required by federal or state law. The city engineer may enter onto the property to review the site.

(3)

Prior to occupancy of a structure, the applicant shall provide a certificate of elevation from a registered professional engineer or registered land surveyor, verifying that the lowest floor elevation or the elevation to which it has been flood-proofed is one foot above the regulatory flood elevation.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 10409, § I, 7-27-15)

The mapped floodplain areas within the jurisdiction of this section are hereby divided into the following districts: a floodway buffer (FW) and a floodway fringe buffer (FF), identified in the flood insurance study and accompanying map(s). Within these districts, all uses not meeting the standards of this section and those standards of the underlying zoning district shall be prohibited. These zones shall be consistent with the numbered and unnumbered A zones and AE zones as identified on the official FIRM and identified in the flood insurance study provided by the Federal Emergency Management Agency.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 10409, § I, 7-27-15)

(1)

Compliance required: No permit for development shall be granted for new construction, substantial improvements, repair of substantial damage and other improvements including the placement of manufactured homes within all numbered and unnumbered A zones (including AE zones) unless the conditions of this section are satisfied.

(2)

Undesignated areas: All areas identified as unnumbered A zones on the FIRM are subject to inundation of the 100-year flood; however, the water surface elevation was not provided. The unnumbered A zones shall be subject to all development provisions of this section. If flood insurance study data is not available, the community shall utilize any base flood elevation or floodway data currently available from federal, state or other sources.

(3)

Standards for development and improvement: New construction, subdivision proposals, substantial improvements, prefabricated buildings, 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.

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

c.

Construction with materials resistant to flood damage, utilizing methods and practices that minimize flood damages, and with electrical, heating, ventilation, plumbing, and 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;

d.

All utility and sanitary facilities are elevated or flood-proofed up to the regulatory flood protection elevation;

e.

That until a floodway has been designated, no new construction, substantial improvements, or other development, including landfill, may be permitted within any numbered A zone or AE zone on the city's FIRM unless the applicant for the land use has demonstrated that the proposed use, when combined with all other existing and reasonably anticipated uses, will not increase the water surface elevation of the 100-year flood more than one foot at any point within the city.;

f.

The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited;

g.

Storage of other material 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 flood warning; and

h.

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 four hundred (400) square feet, may be constructed at-grade and wet flood-proofed provided there is no human habitation or occupancy of the structure; the structure is of single-wall design; a variance has been granted from the standard floodplain management requirements of this ordinance; and a floodplain development permit has been issued.

i.

Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, be required to ensure that:

(i)

All such proposals are consistent with the need to minimize flood damage;

(ii)

All public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated and constructed to minimize or eliminate flood damage;

(iii)

Adequate drainage is provided so as to reduce exposure to flood hazards; and

(iv)

Proposals for development (including proposals for manufactured home parks and subdivisions) that may be affected by flooding, must include within such proposals the regulatory flood elevation.

j.

Recreational vehicles placed on sites within all unnumbered and numbered A zones, and AE zones on the city's FIRM either:

(i)

Be on the site for fewer than one hundred eighty (180) consecutive days; or

(ii)

Be fully licensed and ready for highway use*; or

(iii)

Meet permitting, elevation, and 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.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 10409, § I, 7-27-15)

Located within areas of special flood hazard established in section 30-100.3 are areas designated as floodway buffer. Since the floodway buffer is an extremely hazardous area due to the velocity of flood waters that carry debris and potential projectiles, the following provisions shall apply:

(1)

Permitted uses: Only uses having low flood damage potential and not obstructing flood flows shall be permitted within the floodway buffer to the extent that they are not prohibited by any other ordinance. No use shall increase the flood levels of the regulatory flood elevation. These uses are subject to the standards of this article. The following are permitted uses for the floodway buffer:

a.

Agricultural uses such as general farming, pasture, nurseries, forestry;

b.

Residential uses such as lawns, gardens, parking and play areas;

c.

Nonresidential areas such as loading areas, parking, airport landing strips; and

d.

Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks, wildlife and nature preserves.

(2)

Prohibited uses: The community shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must 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.

a.

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.

b.

Any use that results in an increase in flood levels during occurrence of the base flood discharge. No use shall increase the flood levels of the regulatory flood elevation.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 10409, § I, 7-27-15)

(1)

Permitted uses: Any use permitted in the floodway buffer shall also be permitted in the floodway fringe buffer.

(2)

Standards for all new construction and substantial improvements to existing structures: the following standards shall apply:

a.

The lowest floor, including the basement, shall be elevated to or above one foot above the base flood elevation;

b.

For nonresidential structures, the lowest floor, including the basement, shall be elevated to or above one foot above the base flood elevation or, together with attendant utility and sanitary facilities, be flood-proofed 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 section are satisfied;

c.

Fully enclosed areas below the lowest floor used solely for parking of vehicles, building access, or storage in an area other than a basement 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 must either be certified by a registered professional engineer or architect to meet or exceed the following minimum criteria:

(i)

A minimum of two (2) 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;

(ii)

The bottom of all openings shall be no higher than one foot above grade; and

(iii)

Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

d.

All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement, in accordance with local building codes identified in Chapter 6 of the Code of Ordinances; or FEMA guidelines. In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met:

(i)

Over-the-top ties shall be provided at each of the four (4) corners of the manufactured home, with two (2) additional ties per side at intermediate locations and manufactured homes less than fifty (50) feet long requiring one additional tie per side;

(ii)

Frame ties shall be provided at each corner of the home with five (5) additional ties per side at intermediate points and manufactured homes less than fifty (50) feet long requiring four (4) additional ties per side;

(iii)

All components of the anchoring system shall be capable of carrying a force of four thousand eight hundred (4,800) pounds; and

(iv)

Any additions to the manufactured home shall be similarly anchored.

e.

All manufactured homes to be placed within all unnumbered and numbered A zones and AE zones on the community's FIRM shall be elevated on a permanent foundation so that the lowest floor of the manufactured home is elevated to or above one foot above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provisions above.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 10409, § I, 7-27-15)

An elevation certificate shall be submitted for all construction in or adjacent to any floodplain buffer. The elevation certificate shall meet the requirements of FEMA and be duly presented to the city engineer prior to receiving any building or grading permits for the site.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 10409, § I, 7-27-15)

In addition to the requirements established in this section, any future use of the premises shall conform to the provisions established in Article IX of this UDO.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 10409, § I, 7-27-15)

(1)

Variance criteria: In passing upon such applications for variances, the board of zoning adjustment shall consider all technical data and evaluations, all relevant factors, standards specified in other sections of this ordinance, and the following criteria:

a.

The danger to life and property due to flood 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;

d.

The importance of the services provided by the proposed facility to the community;

e.

The necessity to the facility of a waterfront location, where applicable;

f.

The availability of alternative locations, not subject to flood 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 flood waters, if applicable, expected at the site; and

k.

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.

(2)

Conditions for approving floodplain buffer variances:

a.

Generally, variances may be issued 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 b. through f. below have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

b.

Variances may be issued 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 structure's continued historic designation.

c.

Variances shall not be issued within any designated floodway buffer if any increase in flood levels during the base flood discharge would result.

d.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

e.

Variances shall only be issued upon:

(a)

A showing of good and sufficient cause;

(b)

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(c)

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

f.

The city shall notify the applicant in writing over the signature of a city official that:

(a)

The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and

(b)

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 section.

(3)

Conditions for approving variances for accessory structures:

a.

Any variance granted for an accessory structure shall be decided individually based on a case by case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in part (2) and (3) of section 30-100.11 of this article.

b.

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 variance issued for accessory structures that are constructed at-grade and wet flood-proofed.

(i)

Use of the accessory structures must be solely for parking and limited storage purposes in flood-prone areas only.

(ii)

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 highest adjacent grade, must be built with flood-resistant materials.

(iii)

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

(iv)

Any mechanical, electrical, or other utility equipment must be located above highest adjacent grade or flood-proofed so that they are contained within a watertight, flood-proofed enclosure that is capable of resisting damage during flood conditions in accordance with this section.

(v)

The accessory structures must 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 the NFIP regulations.

(vi)

Equipment, machinery, or other contents must be protected from any flood damage.

(vii)

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.

(viii)

The city shall notify the applicant in writing over the signature of a city official that:

(1)

The issuance of a variance to construct a structure below highest adjacent grade will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and

(2)

Such construction below highest adjacent grade increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this section.

(ix)

Wet flood-proofing construction techniques must be reviewed and approved by the community and registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 8888, § IV, 10-24-05; Ord. No. 10409, § I, 7-27-15)

Upon consideration of the factors listed above and the purposes of this section, council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 10409, § I, 7-27-15)

The regulations, restrictions, and boundaries set forth in this section 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 at which parties in 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 at least fifteen (15) days prior to the date of the public hearing. A copy of such amendments will be provided to the Region VII office of the Federal Emergency Management Agency. The regulations of this section are in compliance with the National Flood Insurance Program regulations.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 10409, § I, 7-27-15)

Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning they have in common usage and to give section 30-100 its most reasonable application.

100-year flood see "base flood."

Accessory structure means the same as "appurtenant structure."

Actuarial rates see "risk premium rates."

Administrator means the Federal Insurance Administrator.

Agency means the Federal Emergency Management Agency (FEMA).

Agricultural commodities means agricultural products and live-stock.

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

Appeal means a request for review of the floodplain administrator's interpretation of any provision of section 30-100 or a request for a variance.

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.

Area of special flood hazard is the land in the floodplain within a community subject to a one per cent or greater chance of flooding in any given year.

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

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

Building see "structure."

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.

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.

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.

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.

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).

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."

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.

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).

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.

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.

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 per cent or greater chance of occurrence in any given year.

Flood elevation study means an examination, evaluation and determination of flood hazards.

Flood fringe means the area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood.

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.

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.

Flood Insurance Study (FIS) means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.

Floodplain or Flood-prone area means any land area susceptible to being inundated by water from any source (see "flooding").

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.

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.

Flood-proofing 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.

Floodway or Regulatory floodway 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.

Floodway encroachment lines means the lines marking the limits of floodways on Federal, State and local floodplain maps.

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.

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.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

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.

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 flood-proofing design requirements of section 30-100.

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."

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

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).

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

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.

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.

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.

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

Participating community also known as an "eligible community," means a community in which the administrator has authorized the sale of flood insurance.

Person includes any individual or group of individuals, corporation, partnership, association, or any other entity, including Federal, State, and local governments and agencies.

Principally above ground means that at least fifty-one (51) per cent of the actual cash value of the structure, less land value, is above ground.

Recreational vehicle means a vehicle which is:

(a)

Built on a single chassis;

(b)

Four hundred (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.

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.

Repetitive loss means flood-related damages sustained by a structure on two separate occasions during a ten (10) year period for which the cost of repairs at the time of each such flood event, equals or exceeds twenty-five (25) per cent of the market value of the structure before the damage occurred.

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.

Special flood hazard area see "area of special flood hazard."

Special hazard area means an area having special flood hazards and shown on an FHBM, FIRM or FBFM as zones (unnumbered or numbered) A and AE.

Start of construction includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvements were within one hundred eighty (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.

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.

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.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) per cent of the market value of the structure before the damage occurred. The term includes repetitive loss buildings (see definition).

For the purposes of this definition, "repair" is considered to occur when the first repair or reconstruction of any wall, ceiling, floor, or other structural part of the building commences.

The term does not apply to:

a.

Any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications which have been identified by the code enforcement official and which are solely necessary to assure safe living conditions;

b.

Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure"; or,

c.

Any improvement to a building.

Substantial improvement means any combination of reconstruction, alteration, or improvement to a building, taking place during a ten (10) year period, in which the cumulative per centage of improvement equals or exceeds fifty (50) per cent of the current market value of the building. For the purposes of this definition, an improvement occurs when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. This term includes structures, which have incurred "repetitive loss" or "substantial damage", regardless of the actual repair work done.

The term does not apply to:

a.

Any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications which have been identified by the code enforcement official and which are solely necessary to assure safe living conditions;

b.

Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure"; or,

c.

Any building that has been damaged from any source or is categorized as repetitive loss.

Substantially improved existing manufactured home parks or subdivisions is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty (50) per cent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

Variance 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.

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 section is presumed to be in violation until such time as that documentation is provided.

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.

(Ord. No. 10409, § I, 7-27-15)