The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory structure means a structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Examples of accessory structures include, but are not limited to, garages and storage sheds.

Area of special flood hazard means the land in the floodplain within the city subject to a one percent or greater chance of flooding in any given year.

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

Base flood elevation means the elevation in feet above mean sea level of the base flood or one percent chance flood.

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

BFE means base flood elevation.

CFR means Code of Federal Regulations.

Critical feature means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.

Development means any manmade change in improved and unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Development permit means a permit issued by the city floodplain administrator which authorizes development in a special flood hazard area in accordance with this division.

Elevated building means a nonbasement building built, in the case of a building in zones AE, A, and X, to have the top of the elevated floor adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In the case of zones AE, A, and X, the term "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.

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. The term "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 August 4, 1972.

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).

FEMA means the Federal Emergency Management Agency.

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 or tidal waters; or

(2)

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

Flood insurance rate map (FIRM) means an official map of the city on which FEMA has delineated both the areas of special flood hazards and the risk premium zones applicable to the city.

Flood insurance study means the official report provided by FEMA for the city which contains flood profiles, water surface elevation of the base flood, as well as the floodway width, section area and mean velocity.

Flood protection system means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within city subject to a special flood hazard and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

Floodplain or floodprone area means any land area susceptible to being inundated by water from any source (see definition of Flood or flooding).

Floodplain administrator means a person accredited by the OWRB and designated by the city council to administer and implement laws, ordinances and regulations relating to the management of floodplains.

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 codes and ordinances, subdivision regulations, building codes, health regulations, special purpose regulations and ordinances (such as floodplain, grading and erosion control regulations and ordinances) and other applications of police power. The term "floodplain management regulations" describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

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 a designated height. A floodway is located within areas of special flood hazard established in section 62-398. A floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles.

Functionally dependent use means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term "functionally dependent use" includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include longterm 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:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior, or

b.

Directly by the Secretary of the Interior in states without approved programs.

Levee means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

Levee system means a flood protection system which consists of a levee or levees and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or 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 nonelevation design requirement of 44 CFR 60.3.

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 connected 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 or more manufactured home lots for rent or sale.

Mean sea level means, for purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on the city's flood insurance rate map are referenced.

New construction means, for the purpose 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, the term "new construction" means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the city council 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 lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the city floodplain board.

OWRB means the Oklahoma Water Resources Board.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

400 square feet or less when measured at the largest horizontal projections;

(3)

Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Start of construction (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Public Law 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

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 50 percent of the market value of the structure before the damage occurred.

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 includes structures that have incurred substantial damage, regardless of the actual repair work performed. The term "substantial improvement" 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 conditions; or

(2)

Any alteration of a historic structure provided that the alteration would not preclude the structure's continued designation as a historic structure.

Variance means a grant of relief by the city council to a person from the terms of this article when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this article. (For full requirements see 44 CFR 60.6.)

Violation means the failure of a structure or other development to be fully compliant with this city flood damage prevention ordinance.

Water surface elevation means the height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

(Code 1993, § 62-221; Ord. No. 1843, § 1(art. VIII, div. 2, § 1), 2-14-1989; Ord. No. 2177, § 1, 8-10-2004; Ord. No. 2355, § 1, 5-11-2010)

Although recognized that the flood damage prevention ordinance is a legally enforceable document, specific enforcement measures and related penalties to be imposed for failure to comply with the provisions of this article are hereby included, as minimum requirements for participation in the National Flood Insurance Program. Any person who shall violate a provision of this article or fail to comply therewith any of the requirements thereof, or who shall erect, construct, alter, repair or move, or causes construction, erection, alteration, repair or fill in violation thereof, shall be guilty of a misdemeanor, and upon conviction, shall be fined as prescribed by section 1-9. Each day upon which an offense continues shall be deemed a separate offense.

(Code 1993, § 62-223; Ord. No. 1843, § 1(art. VIII, div. 5, § 6), 2-14-1989)

(a)

The flood hazard areas of the state are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare.

(b)

These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage.

(Code 1993, § 62-224; Ord. No. 1843, § 1(art. VIII, div. 1, § 2), 2-14-1989)

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

(1)

Protect human life and health.

(2)

Minimize expenditure of public money for costly flood control projects.

(3)

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

(4)

Minimize prolonged business interruptions.

(5)

Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains.

(6)

Help maintain a stable tax base by providing for the sound use and development of floodprone areas in such a manner as to minimize future flood blight areas.

(7)

Ensure that potential buyers are notified that property is in a flood area.

(8)

Ensure that all other specific district regulations of the zoning ordinance continue to apply to all sites and construction allowed within a special flood hazard district.

(Code 1993, § 62-225; Ord. No. 1843, § 1(art. VIII, div. 1, § 4), 2-14-1989)

In order to accomplish its purposes, this article uses the following methods:

(1)

Restricts or prohibits uses that are dangerous to health, safety or property in times of flood, or that cause excessive increases in flood heights or velocities.

(2)

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

(3)

Controls the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters.

(4)

Controls filling, grading, dredging and other development which may increase flood damage.

(5)

Prevents or regulates the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

(Code 1993, § 62-226; Ord. No. 1843, § 1(art. VIII, div. 1, § 5), 2-14-1989)

In the interpretation and application of this article, all provisions shall be considered as minimum requirements, liberally construed in favor of the city council and deemed neither to limit or repeal any other powers granted under state statutes.

(Code 1993, § 62-227; Ord. No. 1843, § 1(art. VIII, div. 3, § 6), 2-14-1989)

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

(Code 1993, § 62-228; Ord. No. 1843, § 1(art. VIII, div. 3, § 7), 2-14-1989)

The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater floods can and will occur and flood heights may be increased by manmade or natural causes. This article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

(Code 1993, § 62-229; Ord. No. 1843, § 1(art. VIII, div. 1, § 3), 2-14-1989)

This article shall apply to all areas of special flood hazard within the jurisdiction of the city.

(1)

Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by FEMA in a scientific and engineering report titled "The Flood Insurance Study for Pittsburg County, Oklahoma, and Incorporated Areas" dated July 22, 2010, with the accompanying flood insurance rate map (FIRM) are hereby adopted by reference and declared to be a part of this article. This article shall go into effect immediately per the emergency clause; however, this article shall continue to administer and enforce said regulations based on the current city flood insurance rate map. Then on July 22, 2010, this article shall be administered and enforced based on the July 22, 2010, Pittsburg County Flood Insurance Study and FIRM as indicated above.

(2)

Establishment of development permit. A development permit shall be required to ensure conformance with the provisions of this floodplain management division.

(Code 1993, § 62-230; Ord. No. 1843, § 1(art. VIII, div. 3, § 1), 2-14-1989; Ord. No. 2197, § 1, 7-26-2005; Ord. No. 2355, § 3, 5-11-2010)

No structure or land shall hereafter be located, altered or have its use changed without full compliance with the terms of this article and other applicable regulations.

(Code 1993, § 62-231; Ord. No. 1843, § 1(art. VIII, div. 3, § 6), 2-14-1989)

The flood hazard district is intended to comprise those areas which are subject to periodic or occasional flooding during the base flood (having a one percent or greater chance of flooding in any given year), which results in special hazards to life and property, in the disruption of commerce and governmental services and poses a direct threat to the public health, safety and general welfare. These regulations are designed to regulate and control uses within the flood hazard district to protect human life and health, to minimize damage to public and private property, to minimize surface water and groundwater pollution, to prevent the encroachment of buildings and improvements in floodway areas which will impede runoff and contribute to flooding in other areas, and to protect natural scenic areas and provide for the conservation of natural resources.

(Code 1993, § 62-232; Ord. No. 1843, § 1(art. VIII, div. 3, § 2), 2-14-1989)

The boundaries of the flood hazard district, which is identified by the Federal Emergency Management Administration on its flood hazard boundary map, may cut across and overlay the boundaries of other zoning districts. The regulations applicable to the flood hazard district shall be interpreted as being in addition to the requirements of other district regulations, and wherever a conflict in requirement results, the regulations of the flood hazard district shall supersede all other regulations.

(Code 1993, § 62-233; Ord. No. 1843, § 1(art. VIII, div. 3, § 3), 2-14-1989)

The following uses are permitted in the flood hazard district:

(1)

Agricultural uses including the growing of crops and the use of land for pasture and grazing where farm animals are otherwise permitted by the district provisions of this article.

(2)

Private and public recreational uses not otherwise prohibited, such as natural scenic areas, golf courses, swimming and picnic areas, game farms, hiking and horseback riding trails and similar uses.

(3)

Lawns, gardens and recreational uses which are accessory to residential uses.

(4)

Residential uses designed for human occupancy which have the lowest floor elevation, including basement, not less than one foot above the highest elevation of the base flood. A registered professional engineer, architect, or land surveyor shall submit certification to the floodplain administrator that this subsection is satisfied. All residential uses must conform to the area requirements as set out in article IV of this chapter.

(5)

All commercial, industrial or other nonresidential structures which either have the lowest floor elevation, including basement, not less than one foot above the highest elevation of the base flood, or together with attendant utility and sanitary facilities, must be floodproofed so that below the base flood 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 submit a certification to the floodplain administrator that the standards of this subsection are satisfied. All commercial, industrial and nonresidential uses must be designated a specific district that allows that use, and thus must conform to those area regulations.

(6)

No manufactured homes (mobile homes) shall be placed in any flood hazard district.

(7)

No uses shall be permitted which shall encourage, or induce encroachments, including fill; new commercial or residential construction; substantial improvements; and other development within the adopted regulatory floodway that would result in any increase in flood levels within the community during the occurrence of the base flood discharge as shown on the latest flood boundary and floodway map.

(Code 1993, § 62-234; Ord. No. 1843, § 1(art. VIII, div. 3, § 4), 2-14-1989)

The City Council of the City of McAlester designates the environmental projects coordinator, employed by the City of McAlester, as the McAlester Floodplain Administrator to administer and implement the provisions of this article and other appropriate sections of the National Flood Insurance Program regulations in Title 44 CFR pertaining to floodplain management.

(Code 1993, § 62-246; Ord. No. 1843, § 1(art. VIII, div. 4, § 1), 2-14-1989; Ord. No. 2176, § 1, 6-22-2004; Ord. No. 2355, § 4, 5-11-2010; Ord. No. 2472, § 1, 7-9-2013; Ord. No. 2565, § 1, 4-12-2016; Ord. No. 2594, § 1, 2-28-2017; Ord. No. 2666, § 1, 9-10-2019)

Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:

(1)

Become accredited by the OWRB in accordance with 82 O.S. §§ 1601—1618, as amended.

(2)

Review permit applications to determine whether the proposed building sites, including the placement of manufactured homes, will be reasonably safe from flooding.

(3)

Review, approve or deny all applications for development permits required by this division.

(4)

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

(5)

Make the necessary interpretation where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions).

(6)

Notify, in riverine situations, adjacent communities and the OWRB prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the FEMA.

(7)

Ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.

(8)

Require the developer/applicant to provide and/or determine the base flood elevation data and other information on a certified FEMA elevation certificate in order to administer the provisions of this division.

(9)

When a floodway has not been designated, must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within zone AE as delineated on the Pittsburg County 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 city.

(10)

After a disaster or other type of damage occurrence to structures in the city, determine if the residential and nonresidential structures and manufactured homes have been substantially damaged, and enforce the substantial improvement requirement.

(11)

Maintain a record of all actions involving an appeal from a decision of the city council.

(12)

Maintain and hold open for public inspection all records pertaining to the provisions of this division.

(Code 1993, § 62-247; Ord. No. 1843, § 1(art. VIII, div. 4, § 2), 2-14-1989; Ord. No. 2355, § 5, 5-11-2010)

A development permit shall be required to ensure conformance with the provisions of this division.

(Code 1993, § 62-248; Ord. No. 1843, § 1(art. VIII, div. 3, § 5), (art. VIII, div. 4, § 1), 2-14-1989)

(a)

An application for a development permit shall be presented to the floodplain administrator on forms furnished by him and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:

(1)

Elevation in relation to mean sea level of the lowest floor (including basement) of all new and substantially improved structures; and

(2)

Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.

(b)

Approval or denial of a development permit by the floodplain administrator shall be based on all of the provisions of this division and the following relevant factors:

(1)

The danger to life and property due to flooding or erosion damage;

(2)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(3)

The danger that materials may be swept onto other lands to the injury of others;

(4)

The compatibility of the proposed use with existing and anticipated development;

(5)

The safety of access to the property in times of flood for ordinary and emergency vehicles;

(6)

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

(7)

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;

(8)

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

(9)

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and

(10)

The relationship of the proposed use to the comprehensive plan for that area.

(c)

The floodplain administrator or city council, as applicable, may approve certain development in zones A or AE delineated on the Pittsburg County FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the applicant for the development permit in that case first complies with 44 CFR 65.12.

(Code 1993, § 62-249; Ord. No. 1843, § 1(art. VIII, div. 4, § 3), 2-14-1989; Ord. No. 2355, § 6, 5-11-2010)

(a)

General provisions.

(1)

The city council may grant variances for uses which do not satisfy the requirements of the Oklahoma Floodplain Management Act or this division, if the applicant for the variance presents adequate proof that:

a.

Compliance with this article will result in an arbitrary and unreasonable taking of property without sufficient benefit or advantage to the people; and

b.

Satisfies the pertinent provisions of this section. However, no variance shall be granted where the effect of the variance will be to permit the continuance of a condition which unreasonably creates flooding hazards.

(2)

Any variance so granted shall not be construed as to relieve any person who receives it from any liability imposed by the Oklahoma Floodplain Management Act or by other laws of the state.

(3)

In no case shall variances be effective for a period longer than 20 years.

(4)

Any person seeking a variance shall file a petition with the city council, accompanied by a filing fee as provided in chapter 48.

(5)

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 the relevant factors in section 62-367(b) and this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

(6)

Any person seeking a variance to build a structure below the base flood elevation will be issued a notice signed by the mayor of the city council which states that:

a.

The cost of flood insurance will be commensurate with the increased risk resulting from permitting the structure to be built lower than the base flood elevation; and

b.

Such construction below the base flood level increases risks to life and property.

(7)

At such time as the city council deems the petition ready for notification to the public, the city council shall schedule a hearing and direct the applicant to publish notice thereof in a newspaper of general circulation in Pittsburg County at least 30 days prior to the hearing.

(8)

The city council shall conduct the hearing and make determinations in accordance with the applicable provisions of this section. The city council shall exercise wide discretion in weighing the equities involved and the advantages and disadvantages to the applicant and to the public at large when determining whether the variance shall be granted.

(9)

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;

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, regulations or ordinances; and

d.

A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(10)

Upon consideration of the factors stated in this section and the intent of this division, the city council may attach such conditions to the granting of a variance as it deems necessary to further the purposes and objectives stated in section 62-336.

(11)

The floodplain administrator shall maintain a record of all variance actions, including justification for their issuance; and a copy of any variance issued by the floodplain board shall be sent by the floodplain administrator to the OWRB and FEMA within 15 days after issuance of the variance.

(b)

Special provisions.

(1)

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places, without regard to the procedures set forth in the remainder of this division.

(2)

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

(3)

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(4)

Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:

a.

The criteria of subsections (a)(5), (a)(9), (b)(2) and (b)(3) of this section are met, and

b.

The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(Code 1993, § 62-250; Ord. No. 1843, § 1(art. VIII, div. 4, § 4), 2-14-1989; Ord. No. 2355, § 7, 5-11-2010)

In all areas of special flood hazards, the following provisions are required for all new construction and substantial improvements:

(1)

All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(2)

All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.

(3)

All new construction or substantial improvements shall be constructed with materials resistant to flood damage.

(4)

All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(5)

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(6)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters.

(7)

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(Code 1993, § 62-261; Ord. No. 1843, § 1(art. VIII, div. 5, § 1), 2-14-1989)

In all areas of special flood hazard where base flood elevations have been provided or are otherwise determined, the following provisions are required:

(1)

Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated at least one foot above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection is satisfied.

(2)

Nonresidential construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall have the lowest floor (including basement) elevated at least one foot above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection is satisfied.

(3)

Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which 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 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 openings shall be no higher than one foot above grade; and

c.

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

(4)

Manufactured homes.

a.

Require that all manufactured homes to be placed within zone A on the Pittsburg County FIRM shall be installed using methods and practices that minimize flood damage and have the bottom of the I-beam elevated at least 36 inches above grade or at least at or above the base flood elevation. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. The home shall be installed by a licensed installer according to state law, and compliance herewith shall be certified in writing to the floodplain administrator by said installer prior to habitation of the manufactured home.

b.

Require that manufactured homes that are placed or substantially improved within zone AE on the Pittsburg County FIRM on sites:

1.

Outside of a manufactured home park or subdivision;

2.

In a new manufactured home park or subdivision;

3.

In an expansion to an existing manufactured home park or subdivision; or

4.

In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of a flood;

be elevated on a permanent foundation such that the bottom of the I-beam for the manufactured home is elevated at least one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

A licensed installer shall install the home in accordance with state law and compliance herewith shall be certified in writing to the floodplain administrator by said installer prior to habitation of the manufactured home.

(5)

Recreational vehicles. Require that recreational vehicles placed on sites within zones A and AE on the Pittsburg County FIRM either:

a.

Be on the site for fewer than 180 consecutive days;

b.

Be fully licensed and ready for highway use; or

c.

Meet the permit requirements of section 62-367, and the elevation and anchoring requirements for manufactured homes in subsection (4) of this section.

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.

(6)

Accessory structure. Accessory structures to be placed on sites within zones A and AE on the Pittsburg County FIRM shall comply with the following:

a.

The structure shall be unfinished on the interior;

b.

The structure shall be used only for parking and limited storage;

c.

The structure shall not be used for human habitation. Prohibited activities or uses include, but are not limited to, working, sleeping, living, cooking, or restroom use;

d.

Service facilities such as electrical and heating equipment must be elevated to or above the BFE;

e.

The structure shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;

f.

The structure shall be designed to have low flood damage potential and constructed with flood resistant materials;

g.

The structure shall be firmly anchored to prevent flotation, collapse, and lateral movement;

h.

Floodway requirements must be met in the construction of the structure;

i.

Openings to relieve hydrostatic pressure during a flood shall be provided below the BFE; and

j.

The structure shall be located so as not to cause damage to adjacent and nearby structures.

(Code 1993, § 62-262; Ord. No. 1843, § 1(art. VIII, div. 5, § 2), 2-14-1989; Ord. No. 2355, § 8, 5-11-2010)

(a)

The applicant for a development permit for any subdivision located in zones A and AE which is 51 or more lots or greater than five acres shall generate the base flood elevation data for that subdivision.

(b)

All subdivisions including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.

(c)

All subdivisions including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

(Code 1993, § 62-263; Ord. No. 1843, § 1(art. VIII, div. 5, § 3), 2-14-1989; Ord. No. 2355, § 9, 5-11-2010)

Located within the established areas of special flood hazard are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three 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; therefore, the following provisions shall apply:

(1)

All new construction and substantial improvements of residential structures 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 city's FIRM (at least two feet if no depth number is specified).

(2)

All new construction and substantial improvements of nonresidential structures shall:

a.

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 FIRM (at least two feet if no depth number is specified);

b.

Together with attendant utility and sanitary facilities, be designed so that below the base flood 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; or

c.

Have certification submitted by a registered professional engineer or architect to the floodplain administrator that the standards of this section are satisfied.

(3)

Require within zones AH or AO adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures. For areas outside the identified flood hazard areas which have experienced temporary flooding in periods of brief, heavy rainfall or where development is occurring, an elevation of one foot above the base flood elevation is required to compensate for the loss of stormwater or drainage areas. Distances shall be determined by the topography of the specific area through a registered surveyor.

(Code 1993, § 62-264; Ord. No. 1843, § 1(art. VIII, div. 5, § 4), 2-14-1989)

The following provisions shall apply to floodways:

(1)

Encroachments, including, but not limited to, fill, new construction, substantial improvements and other development, are prohibited within the adopted 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 city during the occurrence of the base flood discharge.

(2)

If subsection (1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of division 3 of this article.

(3)

The city may permit encroachments within the adopted floodway that would result in an increase in base flood elevations, provided that the applicant for the development permit complies with all of 44 CFR 65.12.

(Code 1993, § 62-265; Ord. No. 1843, § 1(art. VIII, div. 5, § 5), 2-14-1989; Ord. No. 2355, § 9, 5-11-2010)

(a)

Generally. The city council may impose a fee schedule as provided in chapter 48 at their discretion.

(b)

Penalties for noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this division and other applicable regulations. A structure or other development without the elevation certificate or other certifications required in this division is presumed to be in violation until such time as that documentation is provided. Violation of the provisions of this division by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this division or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 for each violation, and in addition shall pay all costs and expenses involved in each case. Nothing herein contained shall prevent the city council or city attorney from taking such other lawful action as is necessary to prevent or remedy any violation.

(c)

Certification. It is hereby found and declared by the city council that severe flooding has occurred in the past within its jurisdiction and will certainly occur within the future; that flooding is likely to result in infliction of serious personal injury or death, and is likely to result in substantial injury or destruction of property within its jurisdiction; in order to effectively comply with minimum standards for coverage under the National Flood Insurance Program, and in order to effectively remedy the situation described herein, it is necessary that this ordinance become effective immediately.

(d)

Effective. This division goes into effect immediately and after this date supersedes any previous floodplain management regulations or ordinance applicable to the city. However, the current flood map for the city shall be used until July 22, 2010, when at this time the new FIS and FIRM dated July 22, 2010, shall be used.

(Code 1993, § 62-266; Ord. No. 2355, § 10, 5-11-2010)