The URL can be used to link to this page

Home My WebLink AboutOrdinance No 1812 - 18 58 revisions by GSS_updated 070611 (2).docx / ORDINANCE NO. 1812 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING CHAPTER 18.58 FLOODPLAIN REGULATIONS. WHEREAS, Chapter 18.58 Floodplain Regulations of the Bozeman Municipal Code (BMC) establishes land use regulations to promote public health, safety, and welfare; and WHEREAS, Chapter 18.58 BMC complies with the Montana Floodplain and Floodway Management Act (Title 76, Chapter 5, Montana Code Annotated); and WHEREAS, the City of Bozeman participates in the National Flood Insurance Program as a community in good standing; and WHEREAS, the Federal Emergency Management Agency (FEMA) has updated the July 15, 1988 Flood Insurance Study and Flood Insurance Rate Maps for Gallatin County, inclusive of the City of Bozeman; and WHEREAS, the FEMA updated Flood Insurance Study and Flood Insurance Rate Maps become effective on September 2, 2011; and WHEREAS, the City of Bozeman must officially adopt the updated Flood Insurance Study and Flood Insurance Rate Maps by the September 2, 2011 effective date in order to remain a community in good standing with the National Flood Insurance Program. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that: Section 1 Section 18.58.040 of the Bozeman Municipal Code shall be amended as follows: 18.58.040 FLOODPLAIN REGULATION ESTABLISHMENT AND APPLICABILITY These floodplain regulations are hereby established and are applicable in all areas defined by the base flood elevations and 100-year floodplains as delineated in the Flood Insurance Study, or other means specified in §18.58.030, BMC. The basis for the Flood Insurance Study is a scientific and engineering report entitled The Flood Insurance Study for the City of Bozeman, Montana, dated July 15, 1988 the Flood Insurance Study of Gallatin County, Montana, and Incorporated Areas, dated September 2, 2011 (FEMA FIS No. 30031CV000A), with accompanying Flood Insurance Rate Maps and Flood Boundary/Floodway Maps. The official floodplain maps, together with the Flood Insurance Study are on file in the office of the City Floodplain Administrator. The floodplain regulations are hereby established in all areas subject to flooding. Depiction on the official zoning map of the City is not required for this district. Section 2 Section 18.58.090.B.4.d (Flood Hazard Evaluation (Requirement for Study (Cross Sectional Information))) of the Bozeman Municipal Code shall be amended as follows: d. Cross Sectional Information. (1) Cross sections shall follow the applicable guidelines established by the Montana Department of Natural Resource Conservation. If applicable guidelines are not available, cross section information shall be as follows: (a) Cross section elevations and stations should be determined at points representing significant breaks in ground slope and at changes in the hydraulic characteristics of the floodplain (e.g., points where ground cover, soil or rock conditions change). Elevations must be reported in NAVD88 or NGVD29 datum. (b) Each cross section shall cross the entire floodplain. The cross section alignment should be perpendicular to the general flow of the watercourse, the slope of the channel and the hydraulic characteristics of the reach. A minimum of four cross sections are required over the entire reach with at least two cross sections at the property where the elevations are desired. Additional cross sections must be taken at bridges, control structures or natural constrictions in topography. (2) Photogrammetric methods may be used in lieu of cross sections whenever appropriate and when reviewed and approved by the City Engineer. Section 3 Section 18.58.250 of the Bozeman Municipal Code shall be amended as follows: 18.58.250 FLOODWAY FRINGE - USES ALLOWED WITHOUT PERMITS All uses allowed in the floodway, according to the provisions of §18.58.210 18.58.200, BMC of these regulations, shall also be allowed without a permit in the floodway fringe. Section 4 The introductory paragraph only of Section 18.58.260 of the Bozeman Municipal Code shall be amended as follows: 18.58.260 FLOODWAY FRINGE - USES REQUIRING PERMITS When a site specific exemption or relaxation of the standards of §18.42.100, BMC allows utilization of a portion of the floodplain, the uses allowed in the floodway subject to the issuance of a permit, according to the provisions of §18.58.220 18.58.210 through §18.58.240 18.58.230, BMC, shall also be allowed by permit within the floodway fringe. In addition, new construction, substantial improvements and alterations to structures are allowed by permit. This includes but is not limited to residential, commercial and industrial construction and suitable fill to be allowed by permit from the City Floodplain Administrator, subject to the following conditions: Section 5 Section 18.80.330 of the Bozeman Municipal Code shall be amended as follows: 18.80.330 BASE FLOOD ELEVATION The elevation about sea level of the base flood in relation to National Geodetic Vertical Datum of 1929 North American Vertical Datum of 1988 unless otherwise specified in the flood hazard study. Section 6 Section 18.80.1840 of the Bozeman Municipal Code shall be amended as follows: 18.80.1840 MEAN SEA LEVEL The National Geodetic Vertical Datum (NGVD) of 1929 North American Vertical Datum of 1988 (NAVD88) or other datum to which base flood elevations are references referenced. Section 7 Section 18.80.2110 of the Bozeman Municipal Code shall be amended as follows: 18.80.2110 OFFICIAL FLOODPLAIN MAPS The Flood Insurance Rate Maps (FIRMs) and Flood Boundary/Floodway Maps Flood Insurance Study (FIS) provided by the Federal Emergency Management Agency (FEMA) for Gallatin County, Montana, inclusive of the City of Bozeman, the City dated July 15, 1988 September 2, 2011 (FEMA FIS No. 30031CV000A), and incorporating any approved updates or revisions. Section 8 Repealer All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 9 Savings Provision This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 10 Severability That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 11 Codification The provisions of Section 1, 2, 3, and 4 shall be codified as appropriate in Title 18, Unified Development Ordinance, of the Bozeman Municipal Code. All references within the Bozeman Municipal Code shall be revised to reflect the changes in this ordinance. Section 12 Effective Date This ordinance shall be in full force and effect thirty (30) days after final adoption, or September 2, 2011, whichever is later. PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _______ day of _______, 2011. ____________________________________ JEFFREY K. KRAUSSMayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ____________________________________ GREG SULLIVAN City Attorney FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ____ day of ________________, 2011. The effective date of this ordinance is __________, __, 2011. ____________________________________ JEFFREY K. KRAUSSMayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ____________________________________ GREG SULLIVAN City Attorney