Unless specifically defined below, words or phrases used in Chapter 25, Article 19 shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application. Where a term is defined in the following sections shall be the meaning of that term wherever it appears in this article.

      (1)   The overflow of inland or tidal waters; or

      (2)   The usual and rapid accumulation of runoff of surface waters from any source.

   FREEBOARD. 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 wave action, clogged bridge openings, and the hydrological effect of urbanization of the watershed.

      (1)   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;

      (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: (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.

   NEW MANUFACTURED HOME PARK OR SUBDIVISION. 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 a community.

(Ord. 4293, passed 11-7-2022)

   The Legislature of the State of Nebraska has delegated the responsibility to local governmental units to adopt zoning regulations designed to protect the public health, safety, general welfare, and property of the people of the state. The Legislature, in Neb. RS 31-1001 to 31-1023 (as amended), has further assigned the responsibility to adopt, administer, and enforce floodplain management regulations to the county, city, or village with zoning jurisdiction over the flood prone area. Therefore, the City Council ordains as follows this section.

(Ord. 3639, passed - -2000; Ord. 4293, passed 11-7-2022)

(Ord. 4293, passed 11-7-2022)

   It is the purpose of this article to promote the public health, safety, and general welfare and to minimize those losses described in § 25-19-3 by applying the provisions of this article to:

   (A)   Restrict or prohibit uses that are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities.

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

   (C)   Reduce financial burdens from flood damage borne by the city, its governmental units, its residents, and its businesses by preventing excessive and unsafe development in areas subject to flooding.

   (D)   Assure that eligibility is maintained for property owners in the city to purchase flood insurance from the National Flood Insurance Program.

(Ord. 3639, passed - -2000; Ord. 4293, passed 11-7-2022)

   The regulations of this article are in compliance with the National Flood Insurance Program Regulations as published in Title 44 of the Code of Federal Regulations and the Nebraska Minimum Standards for Floodplain Management Programs as published in the Nebraska Administrative Code Title 455, Chapter 1.

(Ord. 4293, passed 11-7-2022)

   This article shall apply to all lands within the jurisdictions of the city identified on the Flood Insurance Rate Map (FIRM) shown on the Index 310206IND0 dated 06-15-1979 as Zones A, Al-30, AE, AO, or AH and within the Zoning Districts FW and FF established in § 25-19-13. In all areas covered by this article, no development shall be allowed except upon the issuance of a floodplain development permit to develop, granted by the Floodplain Administrator or the designated representative under such safeguards and restrictions as the Floodplain Administrator or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the city and where specifically noted in §§ 25-19-14 through 25-19-25.

(Ord. 3639, passed - -2000; Ord. 4293, passed 11-7-2022)

   The boundaries of the floodway and the flood fringe overlay districts shall be determined by scaling distances on the official zoning map or on the effective Flood Insurance Rate Map. Where interpretation is needed to the exact location of the boundaries of the districts as shown on the zoning or other city map, the floodplain administrator 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 district boundary on the land. The person contesting the location of the district boundary shall be given a reasonable opportunity to present their case to the Board of Adjustment and to submit their own technical evidence, if so desired.

(Ord. 3639, passed - -2000; Ord. 4293, passed 11-7-2022)

   Within identified floodplains of the city, no development shall be located, extended, converted, or structurally altered without full compliance with the terms of this article and other applicable regulations.

(Ord. 3639, passed - -2000; Ord. 4293, passed 11-7-2022)

   This article does not intend 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 articles inconsistent with this article are hereby repealed to the extent of the inconsistency only.

(Ord. 3639, passed - -2000; Ord. 4293, passed 11-7-2022)

   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 statutes.

(Ord. 3639, passed - -2000; Ord. 4293, passed 11-7-2022)

   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 or the flood height may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that areas outside floodway and flood fringe district boundaries or land uses permitted within such districts will be free from flooding or flood damage. This article 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 article or any administrative decision lawfully made thereunder.

(Ord. 3639, passed - -2000; Ord. 4293, passed 11-7-2022)

   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.

(Ord. 3639, passed - -2000; Ord. 4293, passed 11-7-2022)

   (A)   Along watercourses where a floodway has been established, the mapped floodplain areas are hereby divided into the two following districts: a floodway overlay district (FW) and a flood fringe overlay district (FF) as identified in the Flood Insurance Study dated December 1978 and on accompanying FIRM panels as established in § 25-19-6.

   (B)   The flood fringe overlay district shall correspond to flood zones A, AE, A1-30, AH, AO, AR, A99, and floodway areas in Zone AE that are identified on FIRM panels. The floodway overlay district shall correspond to the floodway areas in Zone AE that are identified on the FIRM panels. Within these districts, all uses not meeting the standards of this article and those standards of the underlying zoning district shall be prohibited.

(Ord. 4293, passed 11-7-2022)

      (1)   Review, approve, or deny all applications for floodplain development permits.

      (2)   Review all development permit applications to assure that sites are reasonably safe from flooding and that the permit requirements of this article have been satisfied.

      (3)   Review applications for proposed development to assure that all necessary permits have been obtained from those federal, state, or local government agencies from which prior approval is required.

      (4)   Review all subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding.

      (5)   Notify adjacent communities and the Nebraska Department of Natural Resources prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency.

      (6)   Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood carrying capacity is not diminished.

      (7)   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 in the floodplain overlay zone.

      (8)   Verify, record, and maintain record of the actual elevation (in relation to mean sea level) to which all new or substantially improved structures have been floodproofed.

      (9)   Verify, record, and maintain record of all improved or damaged structures to ensure compliance with standards in applicable sections. Track value of improvements and market value with permits. Also, ensure consistent market value estimations to evaluate against damaged or improved values.

      (10)   Ensure a comprehensive development plan as amended is consistent with this article.

      (11)   In the event the Floodplain Administrator discovers work done that does not comply with applicable laws or articles, the Floodplain Administrator may revoke the permit and work to correct any possible violation in accordance with this article.

(Ord. 4293, passed 11-7-2022)

   A floodplain development permit shall be required before any development, construction, or substantial improvement is undertaken. No person, firm, corporation, government agency, or other entity shall initiate any floodplain development without first obtaining a floodplain development permit.

(Ord. 3639, passed - -2000; Ord. 4293, passed 11-7-2022)

   (A)   To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every such application shall:

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

      (2)   Describe the land on which the proposed development is to be done by lot, block, tract, and house and streets address, or similar description that will readily identify and definitely locate the proposed building or development.

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

      (4)   Be accompanied by plans and specifications for proposed construction.

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

   (B)   If any proposed development is located entirely or partially within a floodplain, applicants shall provide all information in sufficient detail and clarity to enable the Floodplain Administrator to determine that:

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

      (2)   All utilities and facilities such as sewer, gas, water, electrical, and other systems are located and constructed to minimize or eliminate flood damage;

      (3)   Structures will be anchored to prevent flotation, collapse, or lateral movement;

      (4)   Construction materials are flood resistant;

      (5)   Appropriate practices to minimize flood damage have been utilized; and

      (6)   Electrical, heating, ventilation, air conditioning, plumbing, and any other service facilities have been designed and located to prevent entry of floodwaters.

   (C)   For all new and substantially improved structures, an elevation certificate based upon the finished construction certifying the elevation of the lowest floor, including basement, and other relevant building components shall be provided to the Floodplain Administrator and be completed by a licensed surveyor, engineer, or architect.

   (D)   When floodproofing is utilized for an applicable structure, a floodproofing certificate shall be provided to the Floodplain Administrator and be completed by a licensed professional engineer or architect.

   (E)   For all development proposed in the floodway, no-rise certification shall be provided to the Floodplain Administrator and be completed by a licensed professional engineer.

   (F)   Any other such information as reasonably may be required by the Floodplain Administrator shall be provided.

      (1)   Applicant shall obtain floodplain development permit before applying for a LOMR or LOMR-F.

      (2)   Applicant 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.

      (3)   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, applicant must provide documentation in line with the Engineered Approach outlined in FEMA Technical Bulletin 10-01.

(Ord. 3639, passed - -2000; Ord. 4293, passed 11-7-2022)

   (A)   All Zone A areas on the FIRM are subject to inundation of the base flood; however, the base flood elevations are not provided. Zone A areas shall be subject to all development provisions of this article. If Flood Insurance Study data is not available, the city shall utilize any base flood elevation or floodway data currently available from federal, state, or other sources, including from a study commissioned by the applicant pursuant to best technical practices.

   (B)   Until a floodway has been designated, no development or substantial improvement may be permitted within the floodplain unless the applicant has demonstrated that the proposed development or substantial improvement, when combined with all other existing and reasonably anticipated developments or substantial improvements, will not increase the water surface elevation of the base flood more than one foot at any location as shown in the Flood Insurance Study or on base flood elevation determinations.

(Ord. 4293, passed 11-7-2022)

   (B)   The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this article.

   (C)   Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the District Court as provided in Neb. RS 19-912.

   (D)   In evaluating such appeals and requests, the Board of Adjustment shall consider technical evaluation, all relevant factors, standards specified in other sections of this article, and:

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

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

      (3)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner, future owners, and neighboring properties;

      (4)   The importance of the services provided by the proposed facility to the city;

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

      (6)   The availability of alternative locations that are not subject to flooding or erosion damage for the proposed use;

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

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

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

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

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

      (1)   Variances shall only be issued upon a showing of good and sufficient cause and also upon a determination that failure to grant the variance would result in an exceptional hardship to the applicant.

      (2)   Variances shall only be issued based upon a determination that the granting of a variance will not result in increased flood heights.

      (3)   Variances shall only be issued based upon a determination that the granting of a variance will not result in 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 articles.

      (4)   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 the items in divisions (E)(5) through (9) below have been fully considered and requirements of Ned. RS 19-912-R.R.S. 1943 are met. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

      (5)   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 on the National Register of Historic Places and the variance is the minimum necessary to preserve the historic character and design of the structure.

      (6)   Variances shall not be issued within any designated floodway if any increase in water surface elevations along the floodway profile during the base flood discharge would result.

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

      (8)   The applicant shall be given a written notice over the signature of a city representative that the issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance and also that such construction below the base flood elevation increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this article.

      (9)   All requests for variances and associated actions and documents, including justification for their issuance, shall be maintained by the city.

(Ord. 4293, passed 11-7-2022)

      (1)   Be in writing;

      (2)   Include an explanation of the alleged violation;

      (3)   Allow a reasonable time for the performance of any remedial act required;

      (4)   Be served upon the property owner or their agent as the case may require; and

      (5)   Contain an outline of remedial actions that, if taken, will bring the development into compliance with the provisions of this article.

      (1)   Violation of the provisions of this article or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a Class II Violation as stated in § 6-7-1 of this code. Any person, firm, corporate, or other entity that violates this article or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $250, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

      (2)   The imposition of such fines or penalties for any violation or non-compliance with this article shall not excuse the violation or non-compliance or allow it to continue. All such violations or non-compliant actions shall be remedied within an established and reasonable time.

      (3)   Nothing herein contained shall prevent the city or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. 4293, passed 11-7-2022)

   (A)   A watercourse or drainway shall not be altered or relocated in any way that in the event of a base flood or more frequent flood will alter the flood carrying characteristics of the watercourse or drainway to the detriment of upstream, downstream, or adjacent locations.

   (B)   No alteration or relocation shall be made until all adjacent communities that may be affected by such action and the Nebraska Department of Natural Resources have been notified and all applicable permits obtained. Evidence of such notification shall be submitted to the Federal Emergency Management Agency.

(Ord. 4293, passed 11-7-2022)

   (A)   When proposing to permit any of the following encroachments, the standards in § 25-19-22(B) shall apply:

      (1)   Any development that will cause a rise in the base flood elevations within the floodway; or

      (2)   Any development in Zones A, A1-30, and Zone AE without a designated floodway that will cause a rise of more than one foot in the base flood elevation; or

      (3)   Alteration or relocation of a stream; then

   (B)   The applicant shall:

      (1)   Apply to FEMA for conditional approval of such action via the Conditional Letter of Map Revision process (as per Title 44 of the Code of Federal Regulations, Chapter 1, Part 65.12) prior to the permit for the encroachments; and

      (2)   Supply the fully approved package to the Floodplain Administrator including any required notifications to potentially affected property owners.

(Ord. 4293, passed 11-7-2022)

   (A)   Within any floodway, any new construction or substantial improvements shall be prohibited.

      (1)   New structures for human habitation are prohibited.

      (2)   All encroachments, including fill, new construction, substantial improvements, and other development must be prohibited unless certification by a registered professional engineer or architect is provided demonstrating that the development shall not result in any increase in water surface elevations along the floodway profile during the occurrence of the base flood discharge. These developments are also subject to all the standards of §§ 25-19-20 through 25-19-24.

      (3)   In Zone A areas, obtain, review, and reasonably utilize any flood elevation and floodway data available through federal, state, or other sources, including studies done under § 25-19-24(H) in meeting the standards of this section.

   (C)   Only uses having a low flood-damage potential and not obstructing flood flows shall be allowed within the Floodway Overlay District to the extent that they are not prohibited by any other article. The following are recommended uses for the Floodway Overlay District:

      (1)   Agricultural uses such as general farming, pasture, nurseries, and forestry.

      (2)   Residential uses such as lawns, gardens, parking, and play areas.

      (3)   Nonresidential uses such as loading areas, parking, and airport landing strips.

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

(Ord. 4293, passed 11-7-2022)

      (1)   In Zones A, AE, A1-30, and AH, all new construction and substantial improvements shall have the lowest floor, including basement, elevated to or above one foot above the base flood elevation. Mechanical equipment including those associated with utilities, such as but not limited to electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall also be elevated to or above one foot above base flood elevation.

      (2)   In Zone AO, all new construction and substantial improvements shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as one foot above the depth number specified in feet on the FIRM or, if no depth number is specified on the FIRM, at least as high as three feet. Mechanical equipment including those associated with utilities, such as but not limited to electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall also be elevated to or above the one foot above base flood elevation.

      (3)   In the floodway, new structures for human habitation are prohibited.

      (1)   In Zones A, AE, A1-30, and AH, all new construction and substantial improvements shall have the lowest floor, including basement, mechanical equipment including those associated with utilities, such as but not limited to electrical, heating, ventilation, plumbing, and air condition equipment and other service facilities shall be elevated to or above one foot above the base flood elevation.

      (2)   A registered professional engineer or architect shall certify that the standards of this section are satisfied. A floodproofing certificate shall be provided to the floodplain administrator as set forth in § 25-12-14.

      (3)   (a)   Zone AO areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In Zone AO all new construction and substantial improvements shall have the lowest floor, and mechanical equipment including those associated with utilities, such as but not limited to electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be elevated above the highest adjacent grade at least as high as one foot above the depth number specified in feet on the FIRM or, if no depth number is specified on the FIRM, at least as high as three feet; or, together with attendant utility and sanitary facilities, floodproofed so that below one foot above the base flood elevation:

         (b)   Adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures. A registered professional engineer or architect shall certify that the standards of this section are satisfied. A floodproofing certificate shall be provided to the floodplain administrator as set forth in § 25-12-14.

      (1)   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.

      (2)   Fully enclosed areas below the lowest floor (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 a registered professional engineer or architect or meet or exceed the following minimum criteria:

         (a)   A minimum or two openings having a net total area of not less than one square inch for every one square foot of enclosed space;

         (b)   The bottom of all openings shall not be higher than one foot above grade; and

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

      (1)   The structure shall not be used for human habitation.

      (2)   The use of the structure must be limited to parking of vehicles or storage of items readily removable in the event of a flood warning.

      (3)   The floor area shall not exceed 864 square feet in R1, R1A, R4, and R6 zones.

      (4)   The structure shall have a low damage potential.

      (5)   The structure must be adequately anchored to prevent flotation, collapse, or other lateral movement.

      (6)   The structure shall be designed to automatically provide for the entry and exit of floodwaters for the purpose of equalizing hydrostatic forces. 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 net area of not less than one square inch for every one square foot of enclosed space;

         (b)   The bottom of all openings shall not be higher than one foot above grade; and

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

      (7)   No utilities shall be installed except electrical fixtures in the structure, which must be elevated or floodproofed to one foot above base flood elevation.

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

      (9)   If the structure is converted to another use, it must be brought into full compliance with the minimum standards governing such use.

      (1)   Require that all manufactured homes to be placed or substantially improved within the Floodplain Overlay District be elevated on a permanent foundation such that the lowest floor of the manufactured home utilities, mechanicals, and equipment, is one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of this article if the site meets the following criteria:

         (a)   Outside of a manufactured home park or subdivision;

         (b)   In a new manufactured home park or subdivision;

         (c)   In an expansion to an existing manufactured home park or subdivision; or

         (d)   In an existing manufactured home park or subdivision on which a manufactured home as incurred substantial damage as the result of a flood.

      (2)   New manufactured home parks of five acres or 50 lots, whichever is less, shall follow the standards of § 25-19-24(H).

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

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

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

         (c)   Any additions to the manufactured home be similarly anchored.

      (1)   The provisions of this article do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to a structure in the floodplain, a floodplain development pennit is required and the following provisions shall apply.

      (2)   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.

      (3)   Any addition, alteration, reconstruction, or improvement of any kind to an existing structure in the floodway shall comply with the provisions of § 25-19-22.

      (4)   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.

(Ord. 4293, passed 11-7-2022)

      (1)   All buildings or structures shall be constructed with materials and utility equipment resistant to flood damage. All buildings or structures shall also be constructed by methods and practices that minimize flood and flood-related damages.

      (2)   All buildings or structures shall be constructed with electrical, heating, ventilation, plumbing, 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.

      (1)   All new or replacement water supply and sanitary sewer systems shall be located, designed, and constructed to minimize or eliminate flood damages to such systems and the infiltration of floodwaters into the systems.

      (2)   All new or replacement sanitary sewage systems shall be designed to minimize or eliminate discharge from the system into floodwaters.

      (3)   On-site waste disposal systems shall be located and designed to avoid impairment to them or contamination from them during flooding.

      (1)   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.

      (2)   The 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.

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

      (2)   Be fully licensed and ready for highway use, which shall mean it is on its wheels or jacking system, is attached to the site by only quick-disconnect type utilities and security devices, and no permanently attached additions; or

      (3)   Meet the permit requirements and the elevation and anchoring requirements for manufactured homes of this article.

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

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

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

      (4)   Proposals for development (including proposals for manufactured home parks and subdivisions) of five acres or 50 lots, whichever is less, where base flood elevation data are not available, shall be supported by hydrologic and hydraulic analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for conditional letters of map revision and a letters of map revision.

(Ord. 4293, passed 11-7-2022)

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

      (1)   If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this article. The utility providers shall notify the Floodplain Administrator in writing of instances of nonconforming uses where utility services have been discontinued for a period of 12 months.

      (2)   Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming uses.

   (B)   If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50% of the market value of the structure before the damage occurred except that if it is reconstructed in conformity with the provisions of this article. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, or safety code or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, provided that the alteration shall not preclude its continued designation.

(Ord. 4293, passed 11-7-2022)

   The regulations, restrictions, and boundaries of Article 19 may be amended, supplemented, changed or appealed as defined by §§ 25-15-1 through 25-15-10 and 25-15-27.

(Ord. 4293, passed 11-7-2022)

   Any use permitted in § 25-19-32 of this article shall be permitted in the Flood Fringe Overlay District. No use shall be permitted in the district unless the standards of §§ 25-19-21 through 25-19-26 of this article are met.

(Ord. 3639, passed - -2000)

   All new construction or substantial improvements in the Flood Fringe Overlay District shall conform to the following requirements.

   (A)   The lowest floor, including basement, of residential structures shall be elevated to or above one-foot above the base flood elevation.

   (B)   The lowest floor, including basement, of non-residential structures shall be elevated to or above one-foot above the base flood elevation or, together with attendant utility and sanitary facilities, shall 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 subsection (f) of this article are satisfied. Such certification shall be provided to the Development Services Director as set forth in § 25-19-18(B)(7) of this article.

   (C)   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 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. The bottom of all openings shall be not higher than one-foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

   (D)   Within AH Districts, adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.

(Ord. 3639, passed - -2000)

   (A)   All manufactured homes in a special flood hazard area shall be anchored to resist floatation, collapse, or lateral movement. Manufactured homes must be anchored in accordance with local building codes 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:

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

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

      (3)   All components of the anchoring system be capable of carrying a force of 4,800 pounds; and

      (4)   Any additions to the manufactured home be similarly anchored.

   (B)   All manufactured homes to be placed or substantially improved within special flood hazard areas on the city’s FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above one-foot above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of division (A) above if located 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 the result of a flood.

   (C)   All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within special flood hazard areas on the FIRM that are not subject to the provisions of division (B) above shall be elevated so that either:

      (1)   The lowest floor of the manufactured home is at or above one foot above the base flood elevation; or

      (2)   The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of division (A) above.

(Ord. 3639, passed - -2000; Ord. 4146, passed - -)

   Recreational vehicles placed on sites within the special flood hazard areas on the city’s Director map shall either be on the site for fewer than 180 consecutive days, be fully licensed and ready for highway use, or meet the permit requirements and the elevation and anchoring requirements for “manufactured homes” of this article. 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 securely devices, and has no permanently-attached additions.

(Ord. 3639, passed - -2000)

   Located within the areas of special flood hazard established in this article are areas designated as AO Districts. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply within AO Districts.

   (A)   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 one-foot above the depth number specified in feet on the FIRM (at least two feet if no depth number is specified).

   (B)   All new construction and substantial improvements of non-residential structures shall:

      (1)   Have the lowest floor elevated above the highest adjacent grade at least as high as one-foot above the depth number specified in feet on the FIRM (at least two feet if no depth number is specified); or

      (2)   Together with attendant utility and sanitary facilities be completely flood proofed to or above that level so that any space below that level 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. Such certification shall be provided to the Development Services Director as set forth in § 25-19-18(B)(7) of this article.

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

(Ord. 3639, passed - -2000)

   (A)   Only uses having a low flood damage potential and not obstructing flood flows shall be permitted within the Floodway Overlay District to the extent that they are not prohibited by any other provision of this code of ordinances.

   (B)   The following are recommended uses for the Floodway District:

      (1)   Agricultural uses, such as general farming, pasture, nurseries, and forestry;

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

      (3)   Non-residential areas such as loading areas, parking, and airport landing strips; and

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

(Ord. 3639, passed - -2000)

   New structures for human habitation are prohibited in the Floodway Overlay District. All encroachments, including fill, new construction, substantial improvements, and other development in any floodway district are prohibited in the Floodway Overlay District unless certification by a registered professional engineer or architect is provided demonstrating that the development shall not result in any increase in water surface elevations along the floodway profile during occurrence of the base flood discharge. These uses are subject to the standards of §§ 25-19-21 through 25-19-31 of this article. In District A unnumbered, any flood elevation and floodway data available through federal, state, or other sources or § 25-19-26 of this article shall be obtained, reviewed, and reasonably utilized in meeting the standards of this section.

(Ord. 3639, passed - -2000)

   The Board of Adjustment shall hear and decide requests for variances from the requirements of the provisions of this article.

(Ord. 3639, passed - -2000)

   Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the District Court as provided by the state statutes.

(Ord. 3639, passed - -2000)

   In passing upon such applications, the Board of Adjustment shall consider all technical evaluation, all relevant factors, standards specified in other sections of this article, and:

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

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

   (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 city;

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

   (F)   The availability of alternative locations, not subject to flooding or erosion 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 floodwaters and the effects of wave action, 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, and streets and bridges.

(Ord. 3639, passed - -2000)

   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 the factors in § 25-19-36 of this article have been fully considered, and providing further that the requirements of Neb. RS 19-910 are met. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

(Ord. 3639, passed - -2000)

   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.

(Ord. 3639, passed - -2000)

   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.

(Ord. 3639, passed - -2000)

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

(Ord. 3639, passed - -2000)

   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, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with other provisions of this code of ordinances.

(Ord. 3639, passed - -2000)

   Any applicant to whom a variance is granted shall be given a written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor evaluation.

(Ord. 3639, passed - -2000)

   A structure or the use of a structure or premises which was lawful before the passage or amendment of the article but which is not in conformity with the provisions of this article may be continued subject to the following conditions.

   (A)   If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this article. The Water Superintendent and the Wastewater Superintendent shall notify the Planning and Building Director in writing of instances of nonconforming uses where water and sewer services have been discontinued for a period of 12 months.

   (B)   Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming uses.

(Ord. 3639, passed - -2000)

   If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50% of the market value of the structure before the damage occurred except that if it is reconstructed in conformity with the provisions of this article. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places, provided that the alteration shall not preclude its continued designation.

(Ord. 3639, passed - -2000)

   Any building or structure which is in violation of any provision of this article is declared to be an unsafe structure. All provisions of Chapter 4, Article 6 of this code of ordinances to unsafe structures, including penalty provisions, shall be applicable to violations of this article.

(Ord. 3639, passed - -2000)