Section 106-113; Ord. 18432; Amending Chapter 29 of the City Code as it relates to the floodplain overlay district


Ordinance No.            18432                      Council Bill No.             B 56-05          


AN ORDINANCE

amending Chapter 29 of the City Code as it relates to the floodplain overlay district; and fixing the time when this ordinance shall become effective.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  Chapter 29 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:

    Material to be deleted in strikeout; material to be added underlined.

Sec. 29-22. District F-1, floodplain overlay district.

    (a)      Authority, findings of fact and purposes.
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     (2)     Findings of fact.

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c.    Methods used to analyze flood hazards. This section uses a reasonable method of analyzing flood hazards which consists of the following series of interrelated steps:

     1.    Selection of regulatory flood which is based upon engineering calculations which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The regulatory flood selected for this section is representative of large floods which are reasonably characteristic of what can be expected to occur on the particular streams subject to this section. It is in the general order of a flood which could be expected to have a one (1) per cent chance of occurrence in any one (1) year, as delineated by on the Federal Insurance Administration's Flood Insurance Study, and illustrative materials dated December 1, 1981 August 16, 1995, as amended, and any future revisions thereto.

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    (b)      General provisions.

(1)     Lands to which ordinance applies. This section shall apply to all lands within the jurisdiction of the City of Columbia identified on the flood insurance rate map (FIRM) as numbered and unnumbered A zones (including AE, AO and AH zones) dated August 16, 1995 as amended and any future revisions thereto, and that portion of the B zone which is in the upper square mile of a flood drainage area. In all areas covered by this section, no development shall be permitted except upon the issuance of a floodplain permit to develop granted by the director of public works under such safeguards and restriction as the director of public works may reasonably impose for the promotion and maintenance of the general welfare and health of the inhabitants of the community and where specifically noted in this section.

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    (c)      Administration.

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     (2)     Administration.

a.    The director of public works is hereby appointed to administer and implement the provisions of this section.

b.    Duties of the director of public works shall include, but not be limited to:

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     4.    Notify adjacent communities, the State of Missouri Emergency Management Agency, the Missouri Clean Water Commission, and the Department of Natural Resources prior to any alteration or relocation of a watercourse, and shall submit evidence of such notification to the Federal Emergency Management Agency.

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

8.    When floodproofing is utilized for a particular non-residential structure, the director of public works shall be presented certification from a registered professional engineer or architect.

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    (d)      Provisions for flood hazard reduction.

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     (7)     Floodway overlay district.

a.    Permitted uses. Only uses having a low flood-damage potential and not obstructing flood flows shall be permitted within the floodway district to the extent that they are not prohibited by any other ordinance. All encroachments, including fill, new construction, substantial improvements and other developments must be prohibited unless a “no-rise” certification statement by a professional registered engineer or architect is provided.  A “no-rise” certification statement shall be accompanied by supporting documentation which shall adequately demonstrate demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. No use shall increase the flood levels of the regulatory flood elevation. These uses are subject to the standards of subsection (d). The following are recommended uses for the floodway district.

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    (h)      Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application. These definitions are for the purpose of this section only and may differ from those in section 29-2.

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     Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

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     Historic structure means any structure that is:

    (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 the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or

     (3)    Individually listed on the Missouri inventory of historic places. 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:

         a.    By an approved state program as determined by the Secretary of the Interior; or

         b.    Directly by the Secretary of the Interior in states without approved programs.

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     Structure means a walled and roofed building that is principally above ground, as well as a manufactured home, and a gas or liquid storage tank that is principally above ground., for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.  Structure, for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation.  For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.

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     Variance means is a grant of relief to a person from the requirements of this section which permits construction in a manner otherwise prohibited by this section where specific enforcement would result in unnecessary hardship a grant of relief by the community from the terms of a floodplain management regulation.  Floodplain insurance requirements remain in place for any varied use or structure and cannot be varied by the community.

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    SECTION 2.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 7th day of March, 2005.