General causes of these flood losses. These flood losses are caused by:

Methods used to analyze flood hazards. This article uses a reasonable method of analyzing flood hazards that consists of a series of interrelated steps.

Land to which article applies. This article shall apply to all lands within the jurisdiction of the City of Papillion that are subject to a 1% or greater chance of flooding in any given year, now or in the future, as identified as numbered and unnumbered A Zones (including AE, AO and AH Zones) on the effective Flood Insurance Rate Map (FIRM) panels 31153C0061H, 31153C0062H, 31153C0063H, 31153C0064H, 31153C0068H, 31153C0069H, 31153C0070H, and 31153C0090H dated May 3, 2010, and 31153C0180G, 31153C0200G, and 31153C0205G dated December 2, 2005, or shown on the Index 31153CIND0B dated May 3, 2010, or best available data as determined by more recent hydrologic and hydraulic studies completed or approved by the City of Papillion or other government agency, provided that the best available data is not less restrictive than that utilized on the Flood Insurance Rate Map (FIRM). Requirements established in § 205-156 of this article shall apply to the Zoning Districts FW and FP based on the most restrictive information available. In all areas covered by this article, no development shall be permitted except upon a permit to develop granted by the City Council or its duly designated representative under such safeguards and restrictions as the City Council may reasonably impose for the promotion and maintenance of the general welfare and health of the inhabitants of the community as contained in the City Code.

Enforcement officer. The Planning Director of the City of Papillion is hereby designated as the City Council's duly designated enforcement officer under this article. Unless otherwise provided by the City Council, the Papio-Missouri River Natural Resources District shall assist the City of Papillion on interpretation of floodplain/floodway rules and regulations. The enforcement officer shall obtain comments from the NRD as part of their review of all proposed activity in this overlay district.

Rules for interpretation of district boundaries. The boundaries of the floodway and floodway fringe overlay districts shall be determined by scaling distances on the Official Zoning Map, the Flood Insurance Rate Map or Floodway Map or on the Digital Flood Insurance Rate Map. Where interpretation is needed as to the exact location of the boundaries of the districts as shown on the Official Zoning Map, as, for example, where there appears to be a conflict between a mapped boundary and actual field conditions, the enforcement officer shall make the necessary interpretation. In such cases where the interpretation is contested, the Board of Adjustment will resolve the dispute. The regulatory flood elevation for the point in question shall be the governing factor in locating the floodplain overlay district boundary on the land. The location of the floodway overlay district boundary may be based on a map completed or approved by the City of Papillion or other government agency, provided the boundary is not less restrictive than that shown on the effective FIRM. The person contesting the location of the district boundary shall be given reasonable opportunity to present their case to the Board and to submit their own technical evidence if they so desire.

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

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

Interpretation. In their interpretation and application, the provisions of this article shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statute.

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

Application for appeal. Where a request for a permit to develop is denied by the Planning Director, the applicant may apply for such permit or variance directly to the Board of Adjustment. The Board of Adjustment may grant or deny such request by appropriate resolution adopted within 45 days after the date of such application to the Board of Adjustment.

Severability. If any section, clause, provision, or portion of this article is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this article shall not be affected thereby.

The Planning Director is hereby appointed to administer and implement the provisions of this article.

Duties of the Planning Director shall include but not be limited to:

Identify and describe the proposed development and estimated cost to be covered by the floodplain development permit.

Describe the land on which the proposed work is to be done by lot, block, tract and house and street address, or a similar description that will readily identify and definitely locate the proposed building or work.

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

Be accompanied by plans for the proposed construction, including but not limited to the following information:

Be signed by the permittee or their authorized agent, who may be required to submit evidence to indicate such authority.

Give such other information as reasonably may be required by the Planning Director or Chief Building Official.

For all new and substantially improved structures, an elevation certificate certifying the elevation of the lowest floor, including basement, and other relevant building components shall be provided and be completed by a licensed surveyor, professional engineer or certified architect.

When floodproofing is utilized for an applicable structure, a floodproofing certificate shall be provided and be completed by a licensed surveyor, professional engineer or certified architect.

For all development proposed in the floodway, no-rise certification shall be provided to the Planning Director and be completed by a licensed registered professional engineer.

Any other such information as reasonably may be required by the Planning Director shall be provided.

City Council approval is only required when the change in designation on the draft (D)FIRM is more restrictive than the designation on the current (D)FIRM and the change results in a floodway designation or a floodplain designation with a one-percent annual chance of flood.

City Council approval is only required for a building permit when the permit is for a new structure or building addition that will affect the floodplain or floodway, as determined by the Planning Director. Building permits associated with an existing building where the exterior building footprint remains unchanged should generally not require City Council approval. Typical exempt types of permits include interior finishes, renovation, reroofing, plumbing, or electrical for an existing building.

The Planning Director may waive the requirement for City Council approval of a building permit or grading permit if the application is in compliance with both the current (D)FIRM and the draft (D)FIRM.

City Council may not approve any permit application that is in violation of a current (D)FIRM, even if the application conforms with a draft (D)FIRM.

City Council shall receive a recommendation from the Planning Commission prior to voting on a permit application.

City Council shall hold a public hearing but may approve a permit by resolution.

Any addition, alteration, reconstruction, or improvement of any kind to an existing structure where the costs of which would equal or exceed 50% of the pre-improvement market value shall constitute a substantial improvement and shall fully comply with the provisions of this article.

Any addition, alteration, reconstruction, or improvement of any kind to an existing structure in the floodway shall comply with the provisions of § 205-159.

Any addition, alteration, reconstruction, or improvement of any kind to an existing structure that will change the compliance requirements of the building shall require applicable documentation, including an elevation certificate, floodproofing certificate, or no-rise certification.

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

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

Construction with materials resistant to flood damage, utilizing methods and practices that minimize flood damages, and with electrical, heating and ventilation that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

All electrical equipment and sanitary facilities, including circuits, installed electric appliances, toilets, sinks, drains, in new developments, substantial improvements and substantially damaged structures shall be elevated to or above one foot above the base flood elevation; or shall be floodproofed to prevent damage resulting from flood levels exceeding the base flood elevation by one foot. Backflow valves shall be installed on all septic lines leading from the structure.

That until a floodway has been designated, no development, repair of substantially damaged structures, or substantial improvements may be permitted within the identified floodplain 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 one-hundred-year flood more than one foot on the average cross-section of the reach in which the development or landfill is located as shown in the effective FIRM or best available data.

Applicants shall demonstrate that the property and any existing or proposed structures will be “reasonably safe from flooding,” according to the minimum design standards in FEMA Technical Bulletin 10-01.

All requirements listed in the Simplified Approach in FEMA Technical Bulletin 10-01 shall be met and documentation from a registered professional engineer shall be provided. If all of these requirements are not met, applicants must provide documentation in line with the Engineered Approach outlined in FEMA Technical Bulletin 10-01.

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.

Storage of other materials or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.

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

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

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

Proposals for development (including proposals for manufactured home parks and subdivisions) of five acres or 50 lots, whichever is less, include within such proposals the regulatory flood elevation.

Any newly constructed, substantially damaged, or substantially improved residential structures shall have the lowest floor, including basement, elevated one foot above the base flood elevation.

Any newly constructed, substantially damaged or substantially improved nonresidential structures shall have the lowest floor, including basement, elevated one foot above the base flood elevation or, together with attendant utility and sanitary facilities, shall be floodproofed so that below such a 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 effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the Planning Director as set forth in § 205-155B(2)(h). Such floodproofing is permitted only for nonresidential properties.

Fully enclosed areas below the lowest floor (excluding basements) and below the base flood elevation shall be used solely for the parking of vehicles, building access, or limited storage of readily removable items. The area below lowest floor subject to flooding shall be a maximum of four feet in height measured from the bottom of the floor joists, unless used for parking of vehicles. When the area below the lowest floor is used for parking of vehicles, the City shall require the owner to sign a non-conversion agreement and file it with the Sarpy County Register of Deeds. A non-conversion agreement may only be used for attached garages or parking areas below elevated buildings. Fully enclosed areas (excluding basements) and below the base flood elevation shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by the registered professional engineer or architect or meet or exceed the following minimum criteria:

All electrical equipment and sanitary facilities, including circuits, installed electric appliances, toilets, sinks, drains, in new developments and substantial improvements shall be located so as to not be subject to flooding or shall be floodproofed to prevent damage resulting from flood levels exceeding the highest base flood elevation available, now or in the future, by one foot. Backflow valves should be installed on all septic lines leading from the structure.

Within AH and AO Zones, adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.

Manufactured homes.

Recreational vehicles placed on sites within the special flood hazard areas on the community's official map shall:

All newly constructed, substantially damaged, or substantially improved residential structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as depth in feet specified on the FIRM plus one foot of freeboard, or if no depth number is specified on the FIRM, at least as high as two feet plus one foot of freeboard.

All newly constructed, substantially damaged, or substantially improved nonresidential structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as depth in feet specified on the FIRM plus one foot of freeboard, or if no depth number is specified on the FIRM, at least as high as two feet plus one foot of freeboard.

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

Open space uses not requiring a closed building, such as agricultural cropland, livestock feeding and grazing, or open public and private recreation areas.

Wire fences or other appurtenances may be constructed which would not constitute an obstruction or debris-catching obstacle to the passage of floodwaters.

Railroads, streets, bridges, public utility wire and pipelines for transmission and local distribution.

Commercial excavation of materials from pits, strips or pools, provided that no stockpiling of materials, products or overburden shall be such as to create a potential restriction to the passage of floodwaters.

Nonrestrictive improvements in stream channel alignment, cross section and capacity in the normal maintenance thereof.

Uses of a type not appreciably damaged by floodwaters, provided no structures for human habitation shall be permitted.

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

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

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

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

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

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

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

The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;

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

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

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, and streets and bridges.

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that Subsection E(2) through (6) below have been fully considered. As the lot size increases beyond 1/2 acre, the technical jurisdiction required for issuing the variance increases.

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 an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

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

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

Variances shall only be issued upon a showing of good and sufficient cause, a determination that failure to grant the variance would result in exceptional hardship to the applicant, and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

This application shall be given a written notice, over the signature of a community official, that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this chapter.

No such use or substantial improvement of that use shall be extended, changed, enlarged or altered in a way which increases its nonconformity.

If such use is discontinued for six consecutive months, any future use of the building premises shall conform to this chapter. The Utility Department shall notify the Director of Building and Fire Safety, in writing, of instances of nonconforming uses where utility services have been discontinued for a period of six months.

Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue a nonconforming uses.