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HomeMy WebLinkAboutOrdinance 88- 1261 Amends Ord. 1237, floodplain regulations ~ 343 ORDI NANCE NO. 1261 I AN ORDINANCE OF THE BOZEMAN CITY COMMISSION AMENDING THE BOZEMAN AREA FLOOD PLAIN REGULATIONS AS ADOPTED BY ORDINANCE NO. 1237. INTENT The intent of this Ordinance is to amend Ordinance No. 1237 by changing the references to the Flood I nsurance Rate Map adopted March 15, 1982 as set forth in 92.01 to correctly show the official revision of the Flood Insurance Rate Map, to amend 93.02 by changing the date of the Flood I nsurance Study of Bozeman, Montana from September 15, 1981 to July 15, 1988, and to add Section 6.01 (E) requiring adequate drainage in unnumbered A zones, and add Section 8.01 Severability. Section 1 BE IT ORDAI NED by the Commission of the City of Bozeman, Montana, that 92.01 of Ordinance No. 1237 be amended to read as follows by deleting the language struck through and adding the language underlined: DEFINITIONS I 2.01 Definitions. Unless specifically defined below, words or phrases used in these Regulations shall be interpreted so as to give them the meaning they have in common usage and to give these Regulations the most reasonable application. Alteration - Any change or addition to a structure that increases its external dimensions. Appeal - A request for a review of the Floodplain Administrator's interpretation of any provisions of these Regulations or a request for a variance. Area of Special Flood Hazard - The land in the floodplain within the community subject to inundation by a one percent (1 %) or greater chance of flooding in any given year, i. e. the 100-year floodplain. Artificial Obstruction - Development Any obstruction which is not natural and includes any dam, diversion, wall, riprap, embankment, levee, dike, pile, abutment, projection, revetment, excavation, channel rectification, bridge, conduit, cu Ivert, building, refuse, automobile body, fill or other analogous structure or matter in, along, across, or projecting into any 100-year floodplain which may impede, retard, or alter the pattern of flow of water, either in itself or by catching or collecting debris carried by the water, or that is placed where the natural flow of water would carry the same downstream to the damage or detriment of either life or property. Base Flood - A flood having a one percent (1 %) chance of being equalled or exceeded in any given year. A base flood is the same as a 100-year flood. Channelization Project - The excavation and/or construction of an artificial channel for the purpose of diverting the entire flow of a stream from its established course. Establish - To construct, place, insert, or excavate. Flood or Flooding - A general and temporary condition of partial or complete inundation or normally dry lands from the overflow of a stream, or the unusual and rapid accumulation or runoff of surface waters from any source. Floodplain - The areas generally adjoining a stream which would be covered by floodwater. I t consists of a floodway and f100dway fringe. Floodway - The channel of a stream and the adjacent overbank areas that must be reserved in order to discharge a base flood without cumulatively increasing the water surface elevation more than one-half (1/2) foot. Floodway Fringe - That portion of the floodplain outside the I imits of the floodway. Flood Insurance Rate Map - The map on which the Federal Emergency Management Agency has delineated both the 100-year floodplains and the risk premium zones. Flood Insurance Study - The report in which the Federal Emergency Management Agency has provided flood profiles, as well as the Flood Boundary - Floodway Map and the water surface profiles. Levee - A man-made structure, usually 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. I ORDI NANCE NO. 1261 (1) before the improvement or repair is started, or (2) if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first construction to any wall, ceiling, floor, or other structural part of the building commences. The term does not include: (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or State Inventory of Historic Places. I 341t Levee System - A flood protection system which consists of a levee, or levees, and associated structures, such as drainage and closure devices, which are constructed and operated in accordance with sound engineering practices. Lowest Floor - Any floor used for living purposes, storage, or recreation. This includes any floor that could be converted to such a use. Manufactured Home - A structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. For floodplain management purposes it also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. Manufactured Home Park or Subdivision - A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale. Mean Sea Level - The National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations are referenced. New Construction - Structures for which the start of construction, substantial improvement, or alteration commences on or after the effective date of these Regulations. Non-Conforming Use - A land use not in accordance with these Regulations. Official Floodplain Maps - The Flood Insurance Rate Maps and Flood Boundary-Floodway Maps provided by the Federal Emergency Management Agency for Bozeman, Montana dated Me-reh--1-5-,-l-9&2 July 15, 1988, or the most recent officially approved revision thereof. Permit Issuing Authority - Bozeman City Commission. Riprap - Stone, rocks, concrete blocks, or analogous material that is placed along the banks or bed of a stream for the purpose of alleviating erosion. Start of Construction - The first placement of permanent construction of a structure on a site, such as pouring of slabs or footings or any work beyond the state of excavation. Permanent construction of residential structures 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 the excavation for a basement, footings, piers, or foundation 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 as part of the main structure. For a structure (other than a manufactured home) without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For manufactured homes to within a manufactured home park or subdivision, start of construction is the completion date of construction of facilities for servicing the manufactured home site. At a minimum this includes the construction of streets, either final site grading or the pouring of concrete pads, and the installation of utilities. For manufactured homes being replaced in an existing park or subdivision, start of construction means placement of the home on the foundation. Structure - A walled and roofed bui Iding, manufactured home, or a gas or I iquid storage tank, that is principally above ground. Substantial Improvement - Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: I I ORDINANCE NO. 1261 34S I Suitable Fi II - Fill material which is stable, compacted, well graded, pervious, generally unaffected by water and frost, devoid of trash or similar foreign matter, tree stumps, or other organic material; and is fitting for the purpose of supporting the intended use and/or permanent structure. Variance - A grant or relief from the requirements of these Regulations which would permit construction in a manner that would otherwise be prohibited by these Regulations. Violation - The failure of a structure or other development to be fully compliant with these regulations. A structure or other development without elevation certificate, certification by a licensed engineer or architect, or other evidence of compliance is presumed to be in violation until such time as documentation is provided. 100-Year Flood ~ A flood having a one percent (1%) chance of being equalled or exceeded in any given year. A 10Q-year flood has nearly a 23 percent chance of occurring in a 25-year period. A 100-year flood is the same as a base flood. Section 2 BE IT FURTHER ORDAINED by the City Commission of Bozeman, Montana, that 93.02 of Ordinance No. 1237 be amended as follows by deleting the language struck through and adding the language underlined: 3.01 Jurisdictional Area. These Regulations shall apply to all lands within the zoning jurisdiction of the City of Bozeman, State of Montana, shown on the Official Floodplain Maps as being located within a 100-year floodplain district. 3.02 Floodplain District Establishment. The floodplain districts established are defined by the 100-year floodplains as delineated in the Flood I nsurance Study. The basis for the Flood I nsurance Study is a scientific and engineering report entitled, liThe Flood Insurance Study for Bozeman, Montanall, dated Septet't'tbeI'""-l-5-,-l-g.g.l, July 15, 1988, or the most recent officially approved revision thereof with accompanying Flood Insurance Rate Maps and Flood Boundary - Flood~ay Maps. The Official Floodplain Maps, together with the Flood Insurance Study are on file in the office of the Flood- plain Administrator. 3.03 Floodplain Administrator. The Bozeman Floodplain Administrator has been designated to be the City Engineer. The responsibilities of this position are outlined in Chapter IV of these Regulations. 3.04 Rules for I nterpretation of Floodplain District Boundaries. The boundaries of the 100-year floodplain and flood way shall be determined by scaling distances on the official floodplain maps. For unnumbered A Zones and AO Zone floodplains, where there is a conflict between a mapped floodplain boundary and actual field conditions, the Floodplain Administrator may determine that the area is not to be included within the 100- year floodplain. The property owner or developer then does not have to satisfy the provisions of these Regulations. 3.05 Compliance. No structure or land use shall be located, extended, converted, altered or substantially improved without full compliance with the provisions of these Regulations and other applicable regulations. These Regulations meet the minimum floodplain development requirements as set forth by the Montana Board of Natural Resources and Conservation and in the National Flood Insurance Program regulations. 3.06 Abrogation and Greater Responsibi Iity. It is not intended by these Regulations to repeal, abrogate, or impair any existing easements, convenants, deed restrictions, or underlying zoning. However, where these Regulations impose greater restrictions, the provisions of these Regulations shall prevail. 3.07 Regulation Interpretation. The interpretation and application of the provIsions of these Regulations shall be considered minimum requirements and liberally construed in favor of the governing body and not deemed a limitation or repeal of any other powers granted by State statute. I I ORDINANCE NO. 1261 I 345 3.08 Warning and Disclaimer of Liabi Iity. These Regulations do not imply that areas outside the delineated floodplain boundaries or permitted land uses will always be totally free from flooding or flood damages. These regulations shall not create a liability or cause of action against Bozeman, Montana, or any officer or employee thereof for flood damages that may result from reliance upon these Regulations. 3.09 Severability. I f any section, clause, provision, or portion of these Regulations is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of these Regulations shall not be affected thereby. 3.10 Disclosure Provision. All owners of property in an identified 100-year floodplain as indicated on the Official Floodplain Maps must notify potental buyers or their a.gents that such property is subject to the provisions of these Regulations. I Section 3 BE IT FURTHER ORDAI NED, by the City Commission of Bozeman, Montana, that 96.01 of Ordinance No. 1237 be amended by adding subsection E as follows: 6.01 Applications. The minimum floodplain development standards listed in this chapter apply to the 100-year floodplains delineated by approximate methods and identified as unnumbered A Zones on the Flood Insurance Rate Maps. A. Uses Allowed Without Permits. All uses allowed in a floodway, according to the provisions of Section 5.02-A of these Regulations, shall also be allowed without a permit in the floodway fringe. B. Uses Requiring Permits. All uses allowed in the floodway fringe subject to the issuance of a permit, according to the provisions of Section 5.03-B, shall require permits from the Floodplain Administrator for Zone A floodplains. Also, the provisions of Section 5.03-B apply to the Zone A floodplains with no floodway delineated or water surface profi Ie computed. Since there are no 100-year frequency water surface profi les computed for Zone A floodplains, the following conditions also apply: 1 . Elevation data on the 100-year flood shall be provided by the applicant for subdivision proposals, manufactured home parks, and other proposed developments which contain at least 50 lots or 5 acres (whichever is less) and used in applying Sections 5.03-B.3 and 5.03-B.4 of these Regulations; 2. Obtain, review, and reasonably uti Iize any 100-year flood elevation and floodway data avai lable from federal, state, or other sources, unti I such data have been provided by the Federal Emergency Management Agency to enforce Section 5.03-B.3 and 5.03-B.4 of these Regulations; and 3. Historical flood elevations may be used by the Floodplain Administrator in determining suitable fill or flood-proofing elevations to be utilized in applying Sections 5.03-B.3 and 5.03-B.4 of these Regulations; 4. If historical flood evidence is not available then the Floodplain Administrator shall determine, from a field review at the proposed development site, an appropriate fill or flood-proofing elevation to be utilized in applying Sections 5.03-B.3 and 5.03-B.4 of these Regulations; and 5. Proposed structures must be anchored to prevent flotation or collapse and must be located as far from stream channels as practicable. C. Prohibited Uses. Those uses prohibited in the Floodway Fringe, in accordance with Section 5. 03-C of these Regulations, shall also be prohibited within the Zone A floodplain boundaries. D. Floodplain Boundary Interpretation. The Floodplain Administrator shall make inter- pretations where needed as to the exact location of the Zone A floodplain boundary when there is a conflict between a mapped boundary and actual field conditions. E. Storm Drainage Required: All subdivision proposals having an impact on unnumbered A zones, as determined by the Flood Plain Administrator, shall provide adequate storm drainage. I ORDINANCE NO. 1261 341 I Section 4 BE IT FURTHER ORDAINED by the City Commission of Bozeman, Montana, that Ordinance No. 1237 be amended by adding Section 8.01 Severability as follows: 8.01 Severability. If any provision of this ordinance is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the ordinance and the applicability thereof to other persons and circumstances shall not be affected thereby. PROVISIONALLY PASSED AND ADOPTED by the City Commission of the City of Bozemnn, Montana, this 13th day of June 1988. ALFRED M. STIFF Mayor ATTEST: ROBIN L.SULLlVAN Clerk of the Commission FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, this 27th day of June 1988, and effective thirty (30) days after said date. I ALFRED M. STIFF Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission State of Montana County of Gallatin ss City of Bozeman I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Ordinance No. 1261 was published by title number in the Bozeman Oai Iy Chronicle, a newspaper of general circulation printed and published in said City, in the issue dated the 30th day of June, 1988, and said proof of publication is on file in my office. I N WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office. ROBIN L. SULLIVAN Clerk of the Commission I ORDINANCE NO. 1261