HomeMy WebLinkAboutFinally adopt Ordinance No. 1812, amending multiple sections of Chapter 18.58, Floodplain and Ch. 18.80 Definitions within UDO.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Heaston, Project Engineer
Debbie Arkell, Director of Public Services
Richard Hixson, City Floodplain Administrator
SUBJECT: Second Reading and final adoption of Ordinance 1812 amending multiple
sections of Chapter 18.58 – Floodplain Regulations and Chapter 18.80 – Definitions, Unified
Development Ordinance, Bozeman Municipal Code.
MEETING DATE: July 25, 2011
AGENDA ITEM TYPE: Consent Item
RECOMMENDATION: Finally adopt Ordinance 1812 amending multiple sections of
Chapter 18.58 – Floodplain Regulations and Chapter 18.80 – Definitions, Unified Development
Ordinance, Bozeman Municipal Code.
BACKGROUND: The City Commission provisionally adopted Ordinance 1812 on July 11th
after conducting a public hearing and considering the facts presented.
Principal action of this ordinance is to officially recognize the updated Flood Insurance Study
(FIS) and Flood Insurance Rate Maps (FIRMs), effective September 2, 2011, prepared by the
Federal Emergency Management Agency for Gallatin County, inclusive of the City of Bozeman,
as the effective FIS/FIRMs for the City of Bozeman. Furthermore, clean-up references to the
Chapters 18.58 and 18.80 were discovered upon thorough scour of the text. These code
amendments do not change the policy and relevant review criteria of the existing floodplain
regulations of the City of Bozeman.
ALTERNATIVES: As recommended by the Commission.
FISCAL EFFECTS: None.
Attachments: Ordinance 1812
Report compiled on: July 14, 2011
102
Ordinance 1812 Page 1 of 5
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 AND
CHAPTER 18.80 DEFINITIONS.
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 18.80 Definitions of the Bozeman Municipal Code (BMC)
contains supporting definitions of certain terminologies contained in Chapter 18.58 Floodplain
Regulations.
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:
Ordinance 1812 Page 2 of 5
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)
Section 2
, 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 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
Ordinance 1812 Page 3 of 5
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
Section 4
, BMC of
these regulations, shall also be allowed without a permit in the floodway fringe.
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
Section 5
, 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 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
Section 6
unless otherwise specified in the flood hazard study.
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.
Ordinance 1812 Page 4 of 5
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, 4, 5, 6, and 7 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.
Ordinance 1812 Page 5 of 5
PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana,
on first reading at a regular session held on the 11th day of July, 2011.
____________________________________
JEFFREY K. KRAUSS Mayor
ATTEST:
_________________________________
STACY ULMEN, CMC
City Clerk
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 25th day of July
2011. The effective date of this ordinance is September 2, 2011.
____________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
____________________________________
GREG SULLIVAN
City Attorney