PRELIMINARY FEASABLITY REPORT FOR ALLIGATOR CREEK WATER MANAGEMENT PROJECT
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TABLE OF CONTENTS
INTRODUCTION. . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . , , . . . . . . . . . , . . . . . . .Page 1
PROJECT DESCRIPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . , . , . . . . .Page 2
BACKGROUND. . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . , , . . . . . . . . . , . . , . . . . .Page 3
DATA. . . . . . . , . . . . .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . , . . . . . . . . , . . . . , . . . . . . .Page 5
PINELLAS COUNTY MASTER DRAINAGE PLAN . . . . . . . . . . . . . . , . . . . . . . . . , . . . ,.Page 6
PROJECT BENEFITS
I.Flood Control
A. Bullard Parcel Improvements. . . . . . . , . , . , . . . . . . . . . . . . , . . . . . . . . . . . . .Page 7
B. Bilgore Parcel Improvements. . . . . . . . . . . . . . . . . . . . . . . . . . , , . . . . . . . . . ,Page 8
II.Water Quality , . . . . . . . , . . . . . . . . . . . . . . . . . . . . . , . . . . , . . . . . . , . . , . . . , "Page 9
III.Recreation and Open Space. . , . . . . . . , . . . . . . . . . . , . . . . . . . . . . . , . . . , . . . . .Page 10
SUMMARY AND CONCLUSION. . , . , . . . . . . . . . . . . . . . , . . , . . . , . . , . . . , . . . . . . . . . .Page 11
PROJECT SCHEDULE. ...".........,.....................,..,........... .Page 12
Storm Water Storage Area
Overflow Channels
ESTIMATED COSTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . , , , . . ,Pages 13 & 14
FLOODPLAIN MANAGEMENT...............",...........,............... .Page 15
Preparation and Adoption Schedule
Floodplain Regulations - Discussion Outline
ATTACHMENTS
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INTRODUCTION
The City of Clearwater is proposing a multi-purpose development project for a large segment of
Alligator Creek and its floodplain between U. S. 19 and Ma\lullen-Booth Road in East Clearwater.
Implementation of the proposed project will serve a three-fold purpose, namely:
1. To aid City and County governments in their efforts to alleviate serious flooding in
the basin.
2. To improve water quality in Alligator Creek, thereby protecting and enhancing the
water quality of Alligator Lake.
3. To provide water-based recreational opportunities of regional significance for residents
of Clearwater and the entire Tampa Bay Region.
The City Commission' of the City of Clearwater formally requested the assistance of the Pinellas-
Andote River Basin Board, Southwest Florida Water Management District (SWF'\V1;ID) through a
resolution passed unanimously and adopted on June 5, 1980. This resolution specifically requests
assistance in the acquisition of the real property, presently in private ownership, needed to implement
the: multi-purpose water management project. The City has committed to provide the construction
and perpetual maintenance required to implement the project.
It is the intent, in part, of this narrative to describe each benefit the City of Clearwater feels is
attributable to the proposed project, in order to support a decision by SWF'\V1;ID to purchase the
forty-eight acres needed. The reader should bear in mind that this is a preliminary feasibility report
and will be updated as more information becomes available.
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PROJECT DESCRIPTION
The project will involve two major acquisitions and development phases. The first is a 36-acre
purchase along both sides of Fairwood Avenue (Bullard Parcel) for the purpose of excavating and
creating a system of interconnecting lakes, designed primarily for flood water detention, but which
will also have numerous recreational benefits and improve the water quality of Alligator Creek and
Alligator Lake. The second is a 12-acre purchase of a critical reach of Alligator Creek (BilgoreParcel)
for the prime purpose of providing channel improvements designed to abate serious flooding up-
stream of this stream segment. The design for both phases will be environmentally sound, innovative,
and also provide the opportunity to obtain missing links in the City's cross-town linear park system
and eastern bicycle routes.
BULLARD PARCEL
The 36-acre parcel proposed for purchase is divided into a western 1 a-acre tract and an eastern
26-acre tract by Fairwood Avenue, an arterial corridor constructed to City standards. The street is
bridged over the creek with no significant flow restrictions.
It is planned to excavate and create an interconnected lake system of approximately twenty-one
surface acres. These lakes will be designed not only for the purpose of providing storage capacity
for flood waters, but also for water quality enhancement and recreational opportunities. The lakes
will have littoral shelves with selected shoreline vegetation. The interior depths will allow for boating
and fishing, yet provide maximum freeboard with little or no adverse impacts on ground water. It
is also planned to construct fresh water marshes in selected areas having appropriate elevations
which will enhance water quality and provide ideal wildlife habitat. Recreational improvements will
include fishing piers, boat launches, trails, boardwalks, picnicking areas, parking and bicycle paths.
All heavily forested areas (approximately thirteen acres) will remain in recreation usage. The lake
excavations will be limited almost exclusively to open fields within the floodplain.
It is anticipated that only one flood control structure will be required - that to control the direction
of flow and also allow bridging for the recreational facilities.
An easement presently exixts on the 26-acre tract which allows access from the Wood Valley sub-
division to Eisenhower Elementary School. This access will be enhanced by the control structure
and a 30-foot bridge span proposed in the recreational improvements, thereby precluding the con-
tinuing need for the existing easement. As envisioned, the lake system will provide well over 100
acre/feet of storage. Actual volumes can not be calculated until the final engineering and design of
the lakes, littoral shelves, and marshes are completed.
BILGORE PARCEL
This parcel contains twelve acres comprised entirely of the creek bed and its relatively steep slopes.
This parcel is heavily forested with very little open or flat areas.
The proposed improvements in this segment of the creek include removing impediments to flow and
additional recreational facilities. The creek makes some very sharp turns in this segment which not
only has resulted in disrupted flow, but has also caused shoaling at various locations. Numerous snags
and debris also inhibit flow as well as the natural vegetation on the banks. Plans are to remove the
snags, shoals, and other areas where siltation is impeding flow. Also, at selected locations, the steep
banks will be reduced to elevations that will allow a continuous, smooth flow at flood stages. These
"overflow" channels will be designed to maintain the normal flow in the existing meandering channel
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and will only come into play during storm events. They will be designed to allow easy mainte-
nance which will help to prevent future blockages, as well as maintain the environmental quality of
the floodplain.
The spoil derived from these activities will be used ~o make a terraced trail system along the banks.
Once stabilized, these trails can be utilized, not only for equipment access for maintenance, but also
for constructing the bicycle routes and recreational/aesthetic park areas proposed.
This phase of the project will require very detailed engineering design in order to preclude adverse
environmental impacts. Complete floodplain profiles are on file and assistance has been offered
from several interested agencies in developing the final construction plans.
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BACKGROUND
The Kapok Mobile Home Park, which lies in the Alligator Creek floodplain between the two pro-
posed acquisition sites, was developed in the mid 1960's at a time when City controls on subdivision
developments were in their infancy. Minor flooding has occurred since its completion, but in 1974,
intense rainfall during a short period of time caused significant flooding and property damage. The
Oak Winds Apartments were under construction at this time and likewise suffered considerable
damage from flooding. Attempts at that time to pursue channelization of downstream segments of
Alligator Creek believed to be causing flow blockage were thwarted by the Florida environmental
regulatory authorities and Pinellas County. On May 8, 1979 flooding occurred with damage to both
developments of such significance as to have the area declared a "National Disaster Area". Again,
significant flooding occurred in September of 1979 of nearly the magnitude of the May 1979 storm
event. The only relief improvements to date, since these events, have been the construction of two
detention ponds on City~owned property providing approximately eight acre-feet of stroage, and
bank understory vegetation clearing by the City and Pinellas County on the Bilgore parcel.
On February 22, 1980, the City of Clearwater forwarded an application to the U. S.Army Corps
of Engineers and Florida Department of Environmental Regulation requesting assistance under the
Water Resource Development Project Program. This application is still pending; however, it should
be noted that the Department of Environmental Regulation has since recommended to the U. S.
Congress that it be approved. Subsequent to the public hearing on this application and the publicity
through the local news media, the City was notified by the Southwest Florida Water Management
District that assistance by that agency might be available. Essentially the same proposal was then
presented the Pinellas-Anclote Basin Board, and on June 10, 1980, the Board gave its "conceptual
approval" to the project pending the results of this feasibility report. On July l, 1980, theSWFVVMD
Board of Governors in Brooksville gave tentative approval to the preliminary budget of the Pinellas-
Anclote Basin Board forFY 1980.81 which included funds for land acquisition required for the
Project.
Also, as a matter of background, it sould be noted that the City has completed elements of its
comprehensive plan relative to drainage, transportation, recreation/open space, and conservation.
This project will implement general and specific objectives outline in those plan elements. The City
has also begun procedures designed to implement flood plain zoning and development regulations
on new developments which will prevent serious property damage from flooding in the future.
Details and an adoption scheduie are provided in the section on Floodplain Management.
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DATA
The sources of information used in the preparation of this report are as follows:
1. MASTER DRAINAGE PLA1~ FOR THE CITY OF CLEARWATER, FLORIDA
prepared by McF arland/J ohnson Engineers, 1974.
2. Field data collected by the City Public Works Department subsequent to major storm
events in 1974 and 1979. These data include property damages and flood elevations.
3. Engineering and design data, including cross-section profiles of the stream segments
involved, compiled by the Engineering Division.
4. Aerial photographs taken in 1971, 1975 and 1979 at 1" = 100' scale with contour
overlays.
5. Water quality and stream flow data from various sources; e.g. USGS, TBRPC, Pinellas
County Environmental Management and local plans.
6. MASTER DRAli~AGE PLAi.'l' FOR PlL'l'ELLAS COUNTY, FLORIDA, prepared for the
Pinellas Planning Council by Post, Buckley, Schuh and Jernigan, 1976.
7. Alligator Creek Basin Study prepared for the Pinellas Planning Council and Pinellas
County Public Works Department by Henningson, Durham and Richardson (HDR)
Consulting Engineers, 1979.
8. HDR report on Alligator Creek Basin high water profiles, peak discharges, and volumes
for several potential storm event frequencies prepared for the City Public Works Depart-
ment utilizing the TR-20 and HEC-2 Computer models. This report included favorable
recommendations on this proposed proiect.
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PINELLAS COUNTY MASTER DRAINAGE PLAN
This plan is being prepared for adoption by the Pinellas Planning Council pursuant to special legis-
lation. It is being accomplished by major drainage basins. The nine square mile Alligator Creek
Drainage Basin is being studied by HDR which is providing not only technical engineering and
hydrological data, but also recommendations as to plan implementation, both structurally and non-
structurally. The basin plan is presently under review and has not yet been adopted by the Pinellas
Planning Council. HDR is on record with the City and SWFWMD as recommending approval of this
project as a means of implementing the plan in these segments.
Three methods of controlling floodwaters were used in developing the Master Drainage Plan
channel modification, retention/detention storage and natural storage. It was stated in the plan
that because of rapid urban development in the Alligator Creek Basin and continued pressure for
development of raw land, areas available for detention/retention ponds and natural floodplains
have become extremely limited.
This situation will be discussed further in the section on Project Benefits regarding volume compari-
sons of the storage areas in the Basin and their relation to the improvements planned for the Bullard
parcel.
The total water management project encompasses all three means of implementing the Plan in
proper proportion and within the strict environmental protection guidelines developed for the docu-
ment countywide.
For these reasons the Pinellas County Public Works and Environmental Management Departments
are on record in support of this project.
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PROJECT BENEFITS
I. FLOOD CONTROL
A. Bullard Parcel Improvements
The most recent information received by the City IS the special HDR Report, (Item 8),
that was prepared specifically for this project.
In this report the TR-20 Watershed computer model was used to simulate the effects of the
proposed storage area for the Bullard parcel. However, this method is effective only if the
channel remains open and free of losses due to change in velocity, bridge openings, and other
obstructions. In order to realistically compute a highwater profile, a standard backwater
method shoud be utilized, such as the Corps of Engineers HEC-2 back water surface profile
computer model.
Since the City does not have the computer capability to correct this situation, this portion of
the report will deal exclusively with stormwater storage area volume comparisons, rather than
by attempting to project approximate elevation changes.
Since the completion of the HDR Study, the loss of several proposed storage areas critical
to implementation of the master drainage plan has become serious. A natural storage area,
located directly South of the Pinellas County Public Works Complex, north of Oak Winds,
was filled to an elevation one foot above the recorded May 8, 1979, storm highwater mark,
(21.5 feet). This operation, approved by Pinellas County, totally eliminated 40 acre/feet of
natural storage proposed in the Master Drainage Plan.
Oak Winds Apartments recently constructed a reinforced concrete wall encircling the complex.
It, too, has a top-of-wall elevation one foot above the May 8th highwater mark. Although
this is not considered a natural storage area, 50 acre/feet of storm water that accumulated in
this area previously will now be displaced, thus adding to the overall downstream flooding
problem.
The HDR Study also recommended retaining 56 acre/feet of natural storage at the subject
Fairwood Avenue site. If this property is not acquired by a public body, thereis no doubt
that residential development will soon follow. Despite a recent downzoning action by the
City, the zoning classification on this property (Bullard Parcel) allows a maximum density
of nine dwelling units per acre. Underground utilities are presently installed on portions of
this parcel. This, along with the aesthetic features associated with the trees and creek, make
development considerably more attractive. This potential development would not only pre-
vent the City from gaining over lOO additional acre/feet (the approximate proposed storage
volume based on an average ground water elevation of 9.5 feet and a safe highwater elevation
of 17.0 feet) of excavated storage as proposed, but would directly lead to the loss of the above
mentioned 56 acre/feet, assuming precautions against flooding are incorporated into the design
of the development. In light of the fact that 945 acre/feet of runoff(HDR estimates) collect
in the Fairwood Area during a 25-year storm, the options become clearly evident. Either we
proceed with the proposed Fairwood Project and recoup some of the storage losses noted
above or accept the consequences when they occur.
Other proposed storage areas in the upper reaches of the basin are also being lost to develop-
ment, including several sites in the industrial park area and a critical area at Sunset Point Road
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and Coachman Road which presently has a sales contract pending. The City can only require
through regulations that these properties, when developed, provide storage comparable to
what existed prior to development. To do more would invite an inverse condemnation suit.
It is thus readily apparent that the plan is not being implemented and that willing sellers at
reasonable prices are the best hope for gaining much needed storage areas. Though it is pre-
ferable to locate storage areas in the upper reaches of the basin, these sites are simply not
becoming available andare not expected to in the near future due to the development patterns
projected for these areas.
The results of field inspections subsequent to the major floods have shown that, in the Kapok
Mobile Home Park, reduced elevations of approximately one foot would have precluded most
of the severe damages to property. Thus, this project coupled with the other improvements
proposed, should defmitely have a positive impact on reducing property damage.
The City has made a limited attempt to relieve the situation by removing some channel
obstructions and excavating two storage areas on city-owned property. Only eight acre/feet
of storage were gained, yet at lower intensity storms, reduced elevations have been observed
in the Kapok Mobile Home Park.
B. Bilgore Parcel Improvements
The U. S. Army Corps of Engineers HEC-2 backwater surface profile model was used by HDR
to estimate effects of the proposed channel improvements in the Bilgore parcel (overflow
channel) from Station 200 to Station 2500. (See Figure 5). HDR, in a report to this Depart-
ment, stated that heavy vegetation and channel meandering offers a high resistance to both
major and minor flooding events. The proposed project offers relief in both of these areas by
providing access to the channel for periodic maintenance and by creating improved flow
characteristics during major storms with an overflow channel. To illustrate the positive effects
of the project, existing roughness coefficients were reduced by 40% to hydraulically model
the improved reach. (See table prepared by HDR below).
WATER SURFACE ELEVATIONS
STA 217 STA 792 STA 1612 STA 2452
25W 4.79 7.70 10.45 12.67
25W/O 5.76 8.79 11.66 14.52
100W 7.16 9.10 12.38 14.79
100W/O 8.06 lO.73 13.82 17.22
Q 25
Q 100
25W
25W/O =
= 803 CFS
= 1670 CFS
= with project implemented
without project, existing conditions
NOTE: See Figure 5 for station locations.
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This project, with the added benefit of the Fairwood Avenue Storage Area, will therefore
offer much needed flood relief for the downstream reaches of Alligator Creek.
II. WATER QUALITY
Alligator Creek is the main watercourse of Clearwater's largest drainage basin, extending north
to Countryside Boulevard, west to Lake Hobart (including all of the industrial park), and south
almost to Gulf-to-Bay Boulevard (S. R. 60). Except for a small area' in Safety Harbor, it is all
contained within the Clearwater service area. The main stream of Alligator Creek flows east to
Alligator Lake; three branches extend west, north, and south all converging to the main stream
in the Moccasin Lake vicinity just west of the Bullard parcel. Much of the stream is in its natural
state, although channelization for urban flood control has occurred in several segments.
Water quality in Alligator Creek is quite variable and depends on the amount of flow and the
sources of pollutants entering the Creek along its length.
Pollutant loads enter the creek system principally via the west channel; sources are presumedto
be the industrial park, the City solid waste transfer station, and urban runoff. Urban runoff
(primarily residential) is the main pollutant load entering the north and south channels.
Violations of water quality standards for bacteria and dissolved oxygen occur frequently in the
Creek system. However, most of the violations occur upstream, since the creek's water quality
improves as water flows through the more natural areas just prior to emptying into Alligator
Lake.
Alligator Lake was a former brackish, estuarine~type inlet to Tampa Bay. The construction of
a control weir and dam at Bayshore Boulevard has effectively prevented salt water encroachment
into the lake which, over the years, has bec'ome completely fresh water. The primary inflow to
the lake is Alligator Creek, with some natural and urban runoff from Safety Harbor to the north
and Del Oro Groves Estates subdivision to the south. Most of the shoreline is vegetated, with
only a small amount of development directly on the water. The lake is approximately 76 acres
at normal water levels. Heavy algal blooms occur in the lake in the spring and summer and
aquatic weed growth is extensive over some portions of the bottom. Dissolved oxygen level
fluctuations in the lake over a 24 hour period are considerable, with afternoon dissolvedoxy-
gen measurements in excess of 20 parts per million at some locations. Total chlorophyll (in
pg/L) concentrations are high at all locations. The organic load in the lake, from runoff and
and decaying vegetation is high, resulting in a bio-chemical oxygen demand exceeding accept-
able levels at certain points. Nutrient levels (nitrogen and phosphorus) in the lake are lower
than in the creek owing to the absorption of those pollutants by the abundant plant growth.
.Alligator Lake is acting to purify the water coming down Alligator Creek. However. this purifi-
cation is causing a highly accelerated eutrophication process to take place and threatens the
overall health and longevity of the entire lake. Fish kills, from low dissolved oxygen levels in
the lake water, are becoming more and more likely. Control of the algae and nuisance weeds in
the lake is not going to be effective if the source of nutrients and organic matter entering the
lake is not also controlled.
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The proposed Alligator Creek Water Management Project will serve to control the inflow of
pollutants into Alligator Lake. The construction of a new lake system with littoral shelves, a
man-made marsh and other such features designed to enhance water quality as well as to provide
habitat for native wildlife should aid in the protection of Alligator Lake. Proper management
of the new lakes will include appropriate maintenance to assure their continued usefulness.
The U. S. Geological Survey has agreed to cooperate with the City of Clearwater in its efforts
to monitor the proposed project's impact on flow and water quality in Alligator Creek. A
stream flow and water quality sampling station, owned by the U. S. G. S., has already been in-
stalled at the downstream side of the proposed lake system. This will serve, at present, to collect
data on existing conditions in the Creek at that point. A second station will be placed at the
upstream side of the lake system, upon completion of the project and the two stations will be
used together to monitor changes in the concentrations of various parameters as water passes
through the lake system. The City of Clearwater plans to install automated samplers in the two
stations to sample selected storm events.
It is the City's intent to leave the main channel, of Alligator Creek, downstream of the proposed
lake system, in its natural state in order to assure continued water quality improvement as water
passes down the Creek toward Alligator Lake. The floodway modifications discussed earlier will
not alter the course ofwaterin the Creek under low flow conditions, but ""ill simply allow flood
waters to pass more rapidly through the floodwayduring periods of high flow.
III. RECREATION AND OPEN SPACE
The Alligator Creek Water Management Project lies within planning district X, which currently
has a deficiency of 39.3 acres needed to meet open sapce standards. In addition, it should be
pointed out that this district has no freshwater recreational resources. Non-traditional recrea-
tional needs su~h as boating and fishing are of prime concern for residents of the Clearwater
area. Resources for both freshwater boating and fishing are both limited. Residents of Clearwater
must travel great distances outside the City limits to find such resources. In addition, the City
foresees a need for more picnic and nature areas within the project area. It is felt that the pro-
posed project will meet all of these needs.
The proposed projectwilll include parking facilities, a boat ramp, docks, fishing piers, a picnic
area, foot paths, nature trails and bicycle paths. It is the City's intent to allow boats with gasoline
engines of no greater than 3 horsepower in the lake.
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SUMMARY AND CONCLUSION
It has been shown that this multi-purpose water management project will have many benefits, not
only to those who have repeatedly suffered property damage due to flooding, but also to many
citizens in and beyond the immediate area in terms of water quality, recreation, and aesthetics.
It is certain that the Bilgore parcel channel improvements will playa significant role in reducing
flooding. It is also certain that the Bullard parcel lake system, though preferred to be located
farther upstream, will likewise play a significant role in reducing downstream flooding, especially
in the more common lower intensity storms. It has been shown that this is even more critical be-
cause this may be the only area where large storage areas can still be developed to implement the
Master Drainage Plan. The acquisition of these parcels is essential or the opportunity to make
inroads into alleviating the flooding will be lost to private development, as it has and is, happening
in the remainder of the Basin.
The Sawgrass Lake development has shown how successful multi-purpose projects of this nature
can be when governmental agencies pool their resources for the good of all concerned.
The Southwest Florida Water Management District is to be commended for its willingness to be-
come involved in local communities and its concern for the welfare of those particular citizens that
have suffered much.
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PROJECT SCHEDULE
See attached bargraphs for anticipated project schedule, beginning in each case with land acquisition.
Table I illustrates the timetable for construction of the storage areas on the Bullard parcel and Table
II gives the aniticipated schedule for completion of the channel improvements on the Bilgore parcel.
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TA BLE 1
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PERMITTING
....
ALLIGATOR CREEk
FAIRWOOD AVE.
STORM WATER STORAGE AREA
I
DESIGN
Antic; pated Progress Graph
- '" f.,; .
~"':. 1-", j ,
...
DRAFTING
"~ '., "~' 1;-",
PREPARING CONTRACT
CONSTRUCTION
:,~', .' ~I,;:' '/ :
-
BEAUTIFICATION
JI111
PERMlrilNG
tABLE 11.
FIELD WORk
DESIGN
--
Al.l.IGAtOR CReek
OVeRF"l.OW CHANNel.
DR4FilNG
--
Anticipated P
rogress Graph
.....
.....
PFU::PA~ING CONr~Acr
CONSntUCilON
BE: AUnFICIJ, rlON
'9,0" iCe
f3 7-18-800
ffev 8 ~80
--
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ESTIMATED COSTS
PROPOSED PROGRAM OUTUNE
FOR JOINT PARTICIPATION IN THE IMPLEMENTATION OF
THE ALUGATOR CREEK PROJECT
PINELLAS-ANCLOTE RIVER BASIN BOARD AND
THE CITY OF CLEARWATER
ELEMENT /SUB-ELEMENT
RESPONSIBILITY
EST. COST
LFloodplain Management
(Annual Recurring)
A. Planning and Zoning
B. Subdivision Regulations
C. Wetlands Regulation
D. Building Codes
E. Federal Flood Insurance Program
City
City
City
City
City
II.Land Acquisition (includes 25% for
Administration/Contingencies)
SWFWMD
$1,200,000
llr.Construction of Flood Control Features
A. Lake Excavation
B. Structures, etc.
C. Channel Improvements
D. Engineering/Administration
City $ 615,000
City $ 15,000
City $ 42,000
City $ 10,000
City $ l59,292
IV.Construction of Recreational Facilities*
V.Operation and Maintenance
All Facilities Including the Major
Drainage Way**
City
(Annual Recurring)
INITIAL COSTS
City of Clearwater
District (i.e. P-A Basin Board)
TOTAL ESTIMATED COST
$ 84l,292
$1,200,000
$2,041,191
*See breakdown on recreational costs on following page.
* *The maintenance of all major drainage ways will become the responsibility of Pinellas County
under interlocal agreements at a future date.
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PROPOSED COST FOR RECREATIONAL IMPROVEMENTS TO THE
ALUGATOR CREEK WATER MANAGEMENT PROJECT
The Parks and Recreation Department proposes that the following recreation facilities be provided
in the proposed Alligator Creek Water Management Project:
1. Bicycle paths: 6 ft. asphalt path - 3" base, I" asphalt top - @ $8.00 per linear foot.
Section 1 - 4400 ft. @ $8.00 = $35,200
Sec:tioIi-Z=- 2500 ft. @ $8.00 = $20,000
Section 3 - 2100 ft. @ $8.00 = $16,800
TOTAL 9000 ft. @ $8.00 = $72,000
2. Foot path or nature trails - 4' wide shell base with wood chips on top @ $4.00 per linear foot.
Section 1 - 1975 Ft. @ $4.00 = $7,900
3. Bridges
Section 1 - Two 20' bridges @ $75 per linear foot = $3,000
One 40' bridge @ $100 per linear foot (including center support) = $4,000
Section 3 - Three 20' bridges @ $75 per linear foot = $4,500
4. Parking lot and entrance road (40 space parking lot with some oversized parking space for
boat trailers)
Parking lot to be approximately 65' x 250' or 16,250 sq. ft.
Roadway entrance and boat ramp drive 300' x 24' wide drive or 7200 sq. ft.
Cost:
Parking lot -
Entrance road -
1806 sq. yds. x $8.85 = $15,983
800 sq. yds. x $8.85 = 7,080
$23,063
TOTAL
5. Boat ramp (double wide) - $18,829
6. Picnic area (tables, signs, trash cans, grilles) - $5,000
7. Docks, fishing piers - six @ $3,500 = $21,000
TOTAL COSTS = $159,292
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FLOODPLAIN MANAGEMENT
The Planning and Public Works Departments are jointly preparing floodplain management regula-
tions which are to be incorporated into the City Code of Ordinances, Appendix A (Zoning), and
Subdivision Regulations.
The following pages include a schedule for adoption, discussion outline, and specific examples of
flood hazard zoning districts, all designed to minimize or prevent. damage to life and property from
future storm events in this City.
The City Code presently contains an Aquatic Lands zoning district which has been applied to all
coastal waters and coastal wetlands throughout the City. This' zoning classification- is presently in
litigation as to its constitutionality and application to specific properties. It has been upheld by the
2nd District Court of Appeals in Lakeland, Florida but further appealed to the Florida Supreme
Court which will decide shortly whether or not to hear the appeal. To the best of our knowledge
Clearwater was the first city in Florida to adopt and defend such a zoning classification.
The preparation and adoption of interior floodplain and wetlands zoning classifications have been
delayed due to the litigation in the Aquatic Lands zoning districts; however, in direct response to
the concerns expressed by the Pinellas.Anclote River Basin Board and the expected soon decision
resolving the litigation, the City has instituted preparation and adoption procedures per the attached
schedule.
Application of the proposed districts to inidvidual parcels will follow not only the adoption of the
district in the zoning code, but also the adoption of the Pinellas County Master Plan. This is because
the Plan will actually map the 25-year and lOO-year floodplain boundaries which can then be trans-
ferred to the City zoning atlas. All drainage basins will then be mapped and zoned per the due process
procedures of the City and State.
Per the Planning Director's suggestion and the availability of his staff, it is intended to begin the
preparation soon after the Labor Day holiday; hence application of the district to individual parcels
could conceivably be accomplished prior to the storm season of 1981. The Alligator Creek Basin
will naturally become the top priority for application.
15
)
ciTY OF CLEARWATER
Interdepartment Correspondence Sheet
TO:
Michael W. Kenton, Assistant Dl.,. rec:r ~,)1 P b lie
David P. Healey, Planning Director~.
Works
FROM:
COPIES:
SUBJECT:
Request for Schedule to be Included in PFR per
Request No. 8 in the August 15th Letter from SWFWMD
DATE:
August 21, 1980
It is my best estimate that it will take from 5 - 7 months to prepare and fully ef-
fectuate the proposed Flood Plain Regulations to be incorporated within the Zoning
Ordinance of the City Code of Ordinances. I have identified the essential steps in
the preparation and adoption process as set forth below:
I PREPARATION - 60 - 90 Days:
A Initial meeting to document available and needed mapped in-
formation - 1 week;
B Preparation of mapped information at a scale to be included in
the Zoning Ordinance - ~ontingent on County Master Drainage Plan -
3 weeks;
C Preparation of preliminary draft of regulations and administrative
procedures - 3 weeks;
D Internal staff review of proposed draft and mapping - 2 weeks; and
E External review of proposed regulations - 2 weeks.
II ADOPTION - 90 - 120 Days:
A Receipt and referral by City Commission - 2 weeks;
B Public hearing before the Planning and Zoning Board and the City Com-
mission - 4 weeks;
C Adoption after public hearing by City Commission - 2 weeks; and
D First and second ordinance readings effecting adopted regulations - 6 weeks.
If work is initiated immediately following the Labor Day holiday) it is reasonable to
expect that a fully executed ordinance could be in place between February 1 and April 1)
1981.
I trust this is responsive to your inquiry and that you can revise as you see fit and
incorporate this with the other materials which you will be forwarding to SW8~ID.
DPH: bd
I
I
TO:
CITY OF CLEARWATER
Interdepartment Corresponcence Sheet
Michael W. Kenton, Assistant Director of Public Works/Environmental
David P. Healey, Planning Director~~
FROM:
COPIES:
SUBJECT:
FloodPlain Regulations - Discussion Outline
DATE:
June 30, 1980
In response to your request to develop flood plain regulations within the City's Cede of
Ordinances, I have outlined below an approach to the preparation of such regulatio~s.
The intent of the outline is to serve as the basis for discussion of the purpose, !::ipes
of considerations, administrative procedures, detail of available information and or-
ganization within the Code of Ordinances of such flood plain requirements.
To initiate discussion I have outlined five essential components to any such regulations -
approach, definitions, mapped location of areas to be regulated, administrative procedure
and substantive requirements. I have also attached for reference and comparison a ~odel
code outline that may prove useful in developing such an ordinance.
OUTLINE OF FLOOD PLAIN REGULATIONS
Approach - I would propose that we prepare an ordinance that would be incorporated Ivithin
our Zoning Ordinance under Article XXX Supplementary Regulations as an "overlay"
zone. The definition of the flood plain zone will be dependent upon the level
of detail available from existing mapped sources. We can either have a single
all-inclusive overlay zone that incorporates both the floodway proper as well'
as adjacent floodway fringe or a dual delineation noting the separate con-
figuration of each component.
Definitions - Key definitions to such an Ordinance would include the following:
o Flood or Flooding means a general and temporary condition of partial
or complete inundation of normally dry land areas from (a) the ov~~flow
of streams, rivers) or other inland areas of water, or (b) abnor~ally
high tidal water or rising lake waters resulting from severe stor~s,
hurricanes or tidal waves.
o Flood Plain or Flood P~one Areas means a land area adjoining a river,
stream, watercourse, ocean, bay or lake, which is likely to be flooded~
o Flood Plain Area Havin~ Soecial Flood Hazards means that maxi=u~ area
of the flood plain that, on the average, is likely to be flooded once
every 100 years (i. e., that has a one percent chance of being flooded
each year).
o Flood Plain Hanagement means the operation of an overall program of cor-
rective and preventive measures for reducing flood damage, incl~~ing
but not limited to emergency preparedness plan, flood control ~orks,
and land use regulatory measures.
TO:
FROM:
COPIES:
SUBJECT:
DATE:
Page in
I
CITY OF CLEARWATER
Interdepartment Correspcrcierce She;::
Michael W. Kenton, Assistant Director of Public Yorks/Environ~ental
I
David P. Healey, Planning Director
Flood Plain Regulations - Discussion Outline
June 30, 1980
o Floodoroofing means any combination of structural and nonstructural
additions, changes or adjustments to properties and structures ~hich
reduce or eliminate flood damage to lands, '..;ater and sani tary faci li-
t{es, structures and contents of buildings.
o Floodway means the channel of a body of water or watercourse a~d the
adjacent land areas required to carry and discharge a flood of a given
magnitude.
o lOa-Year Flood means the highest level of flood that, on the average,
is likely to occur once every 100 years (i. e., that has a one percent
chance of occurring each year).
o Flood Protection Elevation means the lOa-year f:ood elevation.
Mapped Location - I would suggest as a starting point that we in~lude flood hazard areas
to be depicted on the Zoning Atlas:
o As recorded by the U. S. Department of Housing and Urban Develop~ent
denoting "Special Flood Hazard Areas" as set forth on the Federal
Insurance Administration Flood Hazard Boundary Maps for the City
of Clearwater; and as these maps may be subsequently amended; and
o As further defined through the Pinellas I':;ounty Master Drainage Plan
and the City's refinement thereof.
The storm hazard zones map inset on the reverse side of the adopted Land
Use Plan map should be referenced as a general starting point in identi-
fying flood plain location. This map along with the corresponding en-
vironmental symbol (E-6) on the Land Use Plan proper should be acknow-
ledged as at least a first attempt at identifying and regulating
development within potential flood hazard areas.
Procedure - I would recommend, depending on the map detail available, an administrative
procedure along the lines of the following:
o The nature and content of an application for any use considered u~der this
section shall be as developed and made available by the City.
TO:
FROM:
COPIES:
SUBJECT:
DATE:
Page {."3
I
I
CITY OF CLEARWATER
Interdepartment Corresponce:lce ~;..~?:
Michael W. Kenton, Assistant Director of Public Works/Environ~ental
David P. Healey, Planning Director
Flood Plain Regulations - Discussion Outline
June 30, 1980
o The Building Official shall determine the completeness of any ap?lic~tion
considered under this section and shall notify the applicant within five (5)
days of the date of submission of such application if it is incooplete
Ot deficient in any way, and shall further specify the deficiencies.
o All applications requiring a community impact statement and/or site ?lan
review will be referred to the Resource Development Committee for re-
commendation to the City Manager and City Commission.
o The City Commission shall approve, approve with stipulated conditions or
modifications or disapprove the application based upon its findings ac-
cording to the requirements of this section.
o Notification of the City Commission decision to authorize or deny the
Permit and the reasons therefor will be given in writing to the Building
Official and a copy furnished to the applicant upon request.
o The Building Official shall issue or deny the Permit in accord ~itt the
action of the City COQrnission.
o All applications not requiring a community impact statement and/or site
plan will be reviewed by the Building Official, City Engineer and Assistant
Director of Public Works/Environmental for compliance with the require-
ments of this section and otherwise applicable flood plain guidelines
appropriate to the specific site and proposed undertaking.
Reouirements - The following would be basic requirements of any ordinance and should serve
as a starting point in developing the applicable requirements:
o Flood hazard areas shall be as delineated on the Zoning Atlas as re-
presented by the Flood Plain (FP) Overlay District.
o Any building, structure or use, and ~ny alteration of a major landfo~
or shoreline shall be subject to the provisions of this section, and
in addition shall meet the requirements of the National Flood Insura~ce
Act as those requirements have been set forth herein. No Permit shall
be authorized in any Flood Plain (FP) Overlay District until the
Building Official has determined that the applicable require2ents of the
~ational Flood Insurance Act are to be cocplied with.
TO:_
FROM:
COPI ES:
SUBJECT:
DATE:
Page 1f4
I
I
C IT Y 0 F C LEA R W ATE R
Interdepartment Correspon::~.'lc~ Sr'?~~
Michael W. Kenton, Assistant Director of Public ~orks/Environ~2ntgl
David P. Healey, Planning Director
Flood Plain Regulations - Discussion Outline
June 30, 1980
o All proposed construction, installation, al~eration or replacement of
any structure or appurtenant system, or alteration of any shoreline or
major landform in the City will be reviewed to determine that such
undertaking is consistent with the objectives of this section, the
proper management of the flood hazard areas and the City's flood ?lain
management program. No such activity will be permitted except in such
manner and according to such restcictions as may be reasonably necessary,
where it would have a deleterious affect on the proper manage~ent of a~y
flood hazard area in the City or be otherwise contrary to standarcs es-
tablished in this section.
o No building, structure, installation, construction or alteration of any
shoreline or major landform ~ill be located or initiated in any area of
the City in such manner as to jeopardize the s~fety, health or welfare
of the occupants or users thereof.
o No building, structure, installation, construction or alteration of
the shoreline or major landform in any area of the Ci ty shall be so
located or constructed as to interfere with or diminish the effective
carrying capacity, increasefloodstage elevation or flood velocities of
any stream or its related floodway in the City.
o Construction, installation, alteration or replacement of any structure
or appurtenant system in any area of the City designated a Flood ?lain
(FP) Overlay District shall be flood-resistant; and further, all
construction methods and practices connected with the location, b~ildi~g
or installation of the same will be carried out in such manner as to
minimize potential flood damage.
o Any new or replacement water supply or sanitary sewage disposal systec
located in any area of the City designated a Flood Plain (FP) Overlay
District shall be so designed as to minimize or eliminate infiltration
~f flood waters into the systems and discharge from the systems into the
flood waters. All such systems shall be located and constructed as to
avoid their impairment, contamination to them, or contamination of any
flood waters.
'.
TO:
FROM:
COPIES:
SUBJECT:
DATE:
Page 115
I
I
CITY OF CLEARWATER
Interdepartment Correspo'-'::~:lce Sheet
Michael W. Kenton, Assistant Director of Public Works/Environmental
David P. Healey, Planning Director
Flood Plain Regulations - Discussion Outline
June 3D, 1980
o All subdivisions or other major developments shall be revie~ed to
determine that they are consistent with the purpose and intent
of this section, the proper management of the Flood Plain (FP) Overlay
Districts in the City and the flood plain management programs of the
City. In particular~. all public facilities and utilities such as
sewer, gas, electrical or water systems shall be so located, elevated
and constructed as to minimize or eli~i~e flood damage and all storm
runoff, and surface and building drainage will be so designed as to
minimize its effect on the flooding potential and its eXpOsure to
flood hazard.
o Construction, installation, alteration or replacement of any structure
or appurtenant system in any area of the City designated a Flood Plain
(FP) Overlay District shall be so designed and anchored as to prevent
the.flotation, collapse or lateral movement of same, or any portion
thereof, due to flooding.
o All applications for construction, installation, alteration or re-
placement of any structure or appurtenant system in any Flood Plain
(FP) Overlay District shall be accompanied by appropriate documentation,
including certification by a licensed professional engineer or registered
architect where required, that the proposal is consistent with the
performance standards of this section and that, in particular, the
following measures are adequately provided for in relation to the site
and a potential IOO-year flood:
1. Anchorage is sufficient to resist flotation and lateral move~ent;
2. Reinforcement of walls and provision for relieving hydrostatic
water pressure on external walls and basement floors is sufficient
to resist water pressures;
3. Installation of any pumps to lower water levels in the structure
and the absence of gravity flow drains has been adequately con-
sidered; and
I
TO:
I
CITY OF CLEARWATER
Interdepartment Correspondence S~set
Michael W. Kenton, Assistant Director of Public Works/Environmental
FROM:
David P. Healey, Planning Director
COPIES:
SUBJEC~ Flood Plain Regulations - Discussion Outline
DATE: June 30, 1980
Page fft6
4. Elevation of the lowest floor for all structures and their
service equipment is at least one (1) foot above the lOO-year
flood level, as such level has been established by the U. S.
Department of Housing and Urban Development.
o - The City may, where it deems advisable, request that any or all of
the pertinent requirements and standards for flood-proofing as set
forth in the manual entitled "Flood-Proofing Regulations," prepared
by the Office of the Chief of Engineers, U. S. Army and dated June,
1972, be established as a guide in any proposal for building
construction, equipment location or utility installation in a Flood
Plain (FP) Overlay District and that compliance to such standards be
certified by a licensed professional engineer or registered architect.
- End Outline -
Based on the preceding outline and with reference to the attached model regulations, I
propose that we establish a joint meeting with the Public Works, Building ~d Planni~g
Departments to pinpoint availability and detail of existing mapped information, specific
criteria for development in flood-prone locations and alternative administrative mechanis~s
for applying the devised standards. It would also be useful to inquire of the South'.oIest
Florida Water Nanagement District (SWFw~) as to their experience with such measures and
whether they have one or more good examples of flood plain regu1.:tion that might be of
assistance to us.
Given the substantial amount of work that has been done in this area, it would be =y
estiQate that we could realistically proceed according to the following ti~etable:
Preparation - 60 - 90 days
Adoption - 90 - 120 days
This would allow us to have a well-considered flood plain ordinance incorporated within
our Code of Ordinances within seven months, or by the end of this calendar year.
P:ease advise me of your preliminary thoughts on this outline and suggest a meeti~g date
to initiate this process.
DPH:bd
,
I
ILLUSTRATION OF DEFl N lTlONS
FLOOD HAZARD ZONING
FLOOD PLAIN
FLOOOWAY
F'Rl NGE
OVER-ZONE -
FlO:)OWAY FRINGE
r 0'.. ·
FLOOD"'!'A ON1:'
1
L/oo YEAR FLOOD ELEV.
I
I
/
I
I
A T T A C H M E ~ T
I ,
Figure 17. Example I\. One Flood Plain District.
10(
General Flood Plain District
(Includes 60th Floodway and Flood Fringe)
I
~I
ll, Known Flood
,tJi'. f~}'/l Level. "
;'::7fIi~~,.'>:!Y!;~0)~::~f~;t{~}i:~i~?:~i,;~yj:',,:},,~ ,:'
Limits Determined
By Past Floods
Permitted Uses
Open Space, Le.,
Parks, Agriculture,
Parking & Recreation.
Example One: ATwo-District Approach
for an Urban Area
Assumed Co ndit:'ons: (:1.) Class A flood-plain data
(See Pan: V1) available, all three essential hydraulic
factors knewn: flood plain, floodway, flood elevation
for the regulatory flood. (b) Existing or no existing
ordinance. (c) Urban conditions with remainir.g unde-
veloped flood-plain are:LS.
Comm:mity Goals: To establish controls to pre,'ent
fu rore filling or encroachr::ent of buildings and s-=uc-
rores ha\ing large damage potencial or u'ut are designed
for humm habi tacon in t.,e aood way; to encourage
rec;eaoon, open space, and conservation in flood ways;
to require protection ror new structures and service hc:l-
ities in the t100d fringe; and to reduce pollution of the
stream during flooding,
Solution: Incorporate ,....o-disrrict t1ood-pl~ zoning
provisions into ,he comprehensive ordi..'1ance (See Figure
1 i, page 4-5),
The following ?ro,-'.sions may be incorpot'lted into a
comprehensive zoning ordinance or may be set out
separately if a community has no existing ordinance.
Cor.sistency be::'.veen the new ordinance prOvisions and
existing provisions is esseneial, Commen::ary follo.....s the
draft-ordinance pro,isions.
Section 1.0 Findings of Fact
1.1 Flood Losses R.:s:Jlring From P~riodic lr.un-
dation.
Th~ flood hazard areas of (local unit) (sute) are
subject to periodic inundation which resultS in
loss of life and properc;.-', health and saferv haz-
4!"~., disr'.l ?con of com::-:c=:ce 2nd go\;em.;e:1~l
se:-,1ces, e:\cl'lordi:1ary public expe:1diron:s for
flood protec:ion l:1d relief, lnd l::iF:lirme:1t of
Calculated Regulatory Flood
Level.
Soecial Permits
, Structur2s If Sites
Are Not In Floodway
Or If Structures Can Be
Elevated Above
Regulatory Flood Level.
the tax base all of which adverse/\' affect the
public health, safety. and ge:leral wer'fare,
1.2 GeneTal Causes of These Flood Losses,
These nood losses are caused bv: (1) the cumula-
tive effect of obstructions in flood hei"hts and
velocities; (2) the occ-:.!pancy of flood-haz:J.rd
areas bv uses vulnerable to floods or hazardous
to ou'e~ lands which are inade';;;::Hely e1~'iared or
otherv,:ise protected from flood da:nages.
1.3 Mer.7ods Used to Analy:e Flood H<J:.1tds.
This ordinance is based upon a reasonable
method of a.nalyzing aood haz.uds..
(S oecifv data and methods.)
Commentary
This section describes the general r;'pe5 of losses
resulting from flooding and "-,e ge:1eral causes of ehese
losses, i.e, t1oodwa~' encroachment and location 0:
flood-\'ULnerable uses wit.'ioue adequare proeection [0 me
elevation of t.'ie reg'Jlatory Cload. [e also describes .ener-
ally ::he dat4 and t.;,e rechnisues used to define ~::ood
hazards.
Section 1 cm serve an important function ir. inform-
ing t.,e public, administrators, a.nd. t.~e cour..s about ~:
ntionale for t.;'e ordinance.
1.20 Statem en t of Pu rposes
1.21 Comro! fiood-p!.:.:n :JS~S Such as fill, dump-
ing, storage of ma~eria!s~ struc:ures, bUl!dir.'ZS. .i~d
a..iV o(~er \vorks v..~ic~ 3.C:l.:1i 210ne or ~, co~bi:11-
tio'n ,....ieh oehe exis:inz or ~u(,.Jre uses which wiil
cause Ca:T::l8:1g nood -:".ei~hcs "nd veloci:ies b\'
obsrrucrl:-:g ::O\~'S and red!';(~:1Z v3.:1e\' S~O:-:i'2::. .
- . -
....5
)
1.22 Protect hum.lll life :md health.
1.23 Minimi:e public una pri:'ute property .1:lm-
age.
1.2 ~ Protut indi::iduals from buring lands a..,d
structures which are unsuited for in tended pur-
poses because of flood hazards.
1.25 Minimi:e sUTjuce .md ground"1~:~te7 pollution
which will affect human, animal, or plan t life.
1.26 Control de-;;elopment which will, when acto,
ing alone or in combination with similar develop-
ments, create an unjustified derr:and for public
investment in flood-control works bv requiring
that uses v"Ulnerable :0 floods, indu~ing 'public
facili:ies which serve such uses, shall be protected
against flood damage at the time of initial con-
s<:ruction.
1.27 Control de~elopmer.t which \\;11, when act-
ing alone or in combination with similar develop-
rr.enr, cause flood losses if public saeetS, sewer,
water, and other utilities' must be extended below
the flood levd to serve the development.
1.28 Control de:;elopment which will, when act-
i:lg alone or in combination with similar develop-
ment, create an additional burden to :.11e public to
pay .he costs of rescue, relief, emergency pre-
paredness me:lSures, sandbagging, pumping, md
temporary dikes or levees.
1.29 ContTol de-:elopmellt which will, .....hen act-
ing alone or in combir.a tion wi r..'1 similar develop-
ment, create an additional burden to the public for
business interruptions, factory closings, disruption
of aansporution routes, :merfere:1ce with utility
senices, and other factors thJ.t result in loss of
wages, sales, production, and ux ....'Ti te-offs.
1.30 PTo~e faT public u~arl?1leSS of the j70 0 ding
potentiaL
1.31 He!p maillt~in a st~ble t:JX base by the pre-
servation or enhanceme:H of propetL}' values for
future flood-plain development. In addition, devel-
opment of future flood-blight areas on flood plains
....ill be rr.inimized and prope"}' values and r..'1e ux
base adjacent to the flood plain will be ?reserved.
Commentary
Such a det:1iled specmcation of objectives, o.l60ugh
not always used, sen'es :l.n impor-znt function in pro-
moting judicial a..,d general public und=~::.nCing of legis-
:a::i',e mt::nt to recuce flood losses.
2.0 Official Zoning Map
2.1 L.;,nds:o ~rhich OTd:'r.;r.cc ~4.;?i:es~
This or'::",~ic:: 5~all l?ply to all lanes ',\1:"'":i., the
'\1 risdic ;ion of sh 0-'''<1 on c."e
(local u:Jit ~:l.:r:e)
~6
I
Official Zoning .\lap as being located with:", c."1e
bou:1daries of the FloodwJ.Y and Flood-Fr_,ge
Districts.
2.2 Est:lblishment of Ojji.;i;:.l Zoning,\l.l? The
Odicial Zoning Map together with all explana-
tory maner thereon, and attached hereto is
hereby adopted by reference 2..,d c:cJ.ared to. be
a part of this ordina..,ce.The OftlCla.l Zo:ung
Map bears the signature of the
(.\\a)'or, etc.)
at,ested by the a..,d shall be
(Cirv Clerk, etc.)
on file in t11e offic~ of :.."Ie
(City Ce:k)
. The w2.ter-s:;r.2ce
(Zoning Adminsi aa tor)
profile entitled
prepared by
date , is attached :0 lnd rIUGe 2 part
of t.l,e Official Zoning ~\:;.? a..,d u'"lis ordin::.n.:e.
2.3 Rules faT lntc:rp-ret.ltion of Disrr.ct Saun-
d.lr.es. The boundaries of r..1e zoning cis::-ic:s
shall be determined by scali;-,g disunces on the
Official Zoning Map. Where il1te=?re:acion is
ne:=ded as t:O r.."Ie e:oct Iocacion of;:he bou~da-
ries of the district as shown on L'oe O:::cia!
Zoring ~\ap (for ex:;.mple, where t.'1ere 2?f'e3.~
to be a conflict berween a mapped boun.iary
and act'ual field conditions) :..,e board or ad! :..st-
ment shJ.ll make t.'1e necessary inre:-;Jre:1::on.
The person contesting r..,e loc;tion of r."1e dis-
trict boundary shall be given 2. re3..SonJ.ole o??or-
runiry to present his C3..Se to ,,'-Ie Board :;..;lC to
submit his own tec:t::ic:ll c;idence if ::e so
desires.
2.4 Warning .lnd Discl.;il1li!7 of Liabil:t;;, The
degree of Soad protection r:quir::d 0:' '-lis
ordinance is considered reasonable for O"ei'-lla-
tory purposes J.nd is based on c:1gineeri::5~ :L'1d
scientific mer..'1ods of study. Larl:'er i100Gs ::o.3.V
occur on rJ.re occasions or .ilood 'Seizh:s :::'1-" b~
incre:lSed bv ;T1:L,-r.13.Ce or nar:.HJ.l ~at;ses. ;:.:ch
as ice j:;.ms' and bridge oF"::Jin{5 resai::ed by
de:;ns. This orcinance does not ir.:?iy :'';:H ~~lS
outside the flood-al:1irl dist:icrs or 1:L,d ',lSoes
pcrrniu:ed \1,"i~~i..'1 s~ch cisrrictS '.viil be f:=~ :"':om
t1oodi..'g or flood dJ.mages. This od:",1-::.ce ;:nil
not create liabiliry on the part of
(name of!o..::al
_ or any officer or em ployee :'le~eOr :cr '-":,
unit)
flood c:lmazes :"lat ~esul, :'rom re!i2.'1c: or. :'lis
ordinance or 1..,y adr::.inisaative de:::siorl :;;,'..-:'-...11-
1y made L~ereuncer..
Commentary
S eetion 2.1 L.Jnds :0 ~','h:'ch Or:;':'r:;n:r:.~ _}...-=.:-::"!s'
would ::or:r:al!y '::>e cor.:1:"'1ed in J. CC::::::~,~~.s:...e
cr:i::::-:c: a..."1d '.\"o">.lld ~o;: _ s:e;::3.! 5~:::'::-: ~ ~r
)
flood-plain regulations. It is to be noted tIllt r.;,e words
"'.vit.'1in the jurisdiction" were used raLier than "wit.lin
t.;,e corpor:lte limits" to account for those siruations
where the regularory municipality may have extra-
territorial zoning audlOriry. Flood-plain development is
a common problem in urban fringe areas.
Section 2.2 The E$tablisbmrnt of an Official Zomng
Aup. The Official Flood-Plain Zoning ;\Olap which shows
the location of the discict boundaries is an in tegral parr
of the ordinance. Often a separate flood.plain zoning
map is prepared to supplement a comprehensive zoning
ordinance. To f::.ciliute relsonl1:>!e ad:ninistncion of t.;,e
ordinance. t.iis :nap should be of sufficient scale and
have accurately drawn boundaries. Two-foot centour
intervals for urbln areas a..'ld five-foot contours for rural
areas are desirable minimums. Since the wate:~urface
profile ShOWS tlle elevatlons of t.le regulatory flood, it is
aU:3.ched to and rr.ade a part of the ordinance. This is
very impor:ant in esublishing flood elevations which can
be determined wi!., accuracy on r.ie' ground. Some
commW1ities est.:l.blish the regulatory flood-protection
e!c;vation, i.e., t.l,e mi.'limum elevation at which buildings
or SU"Jcrures can be erected, at a poin t one or two feet
higher than t.l-je elevation of the 10o-year flood sho.....'11
on the w:l.ter~urface profile. T:lis distance tends to
compensate for the many unknovm factors t.l..,a.t could
contribute [0 flood heights gieater than the height shown
on the water-surface profile such as '.vave action, ice
jams, bridge and floodway obscructions from debris, 3..'ld
to;,e hydrological er.ects of urbaniz:l.tion of tile '.va~r-
shed. A decision as to whether ro use fteeboard would
depend upon the partiC".llar racts of c.'1e local siL'Jadon. If
freeboard is desired t.'1e following pro...;sions could be
inserted in c.,e ordinance: "The regulatory flood prer
tection eleva cion shall be feet
above the at~3.ched water~urlace profile."
Section 2.3 Rules for InuTpret:ztion of Dismcr
Bound:JTies. E,Ve:1 v:ith an accurately dra....'11 3....'ld detailed
zoning map there may be occz.sions when it is diffiC'JIt
to determine c..'1e preese 10c:2tion of boundary lines on
c..'1e ground. The map will show t..le intended lateral
ex-re::1t of d:e rego.:larory !lood area, but district bounda-
r:es may cor.mct ,vit.' :l.C:'.lal field conditions (e.g., where
a Si":1:ill :J.rea of :l. subs~'3.:.~nal1y higher elevation is in-
cluded in a 600d discict) or the e:uct location of c.'1e
Ene may be difrJC'ult to determil'le on c.ie gt'ound. A
cesirable zoning practice is to make c..'1e board of adjust-
ment rat.ler than the zoning adminisuator responsible
for rna..l.:ing these irnporunt dete.....inaticns. UrJike
conven Gonal zcni.-:g '.I.'~e:re distnct boundaries gener:1l1y
follow sweets, blocks, lot-iines, or oc..ier easily located
fe.1wres, :he boundaries of the flood dismc13 are based
upon elevation. T:le reT.llatory ilood-protection ele~-
;:ion cerived from t~e water'surface profile can be shown
C~ :..~e ::0::;::5 r.1:l? for e::.ch 5ig:1ifi~:l...~t hyci:2'..11ic r~ach
of L'le SLrea..rn. The:: Ioc2tlon or ~~is eiev::u:!o:1 on L:.~e
g-:-Clu:"'~d 1S :~e Lon~cUir;g ::i.('tor i:-I C:i.5eS of 1,;nce:-::aL't)".
I
Section 3.0 Establishment of Zoning Distri:::s
The flood-plain areas within the: jurisdiction of
this ordinance: He hereb\' cli',idd into two .::.s.
ciC13: Floodway Disuic~ (FW) and Flood-Fr~-:ze
Disuicts (FF). The boundaries of "lese disrr:.::-ts
shall be shown on c..le Official Zoning .\\ap. Wic.':in
these districts :ill uses not allowed as permir:ed
uses or permissible as specUl-permit uses shall be
prohibited.
Commentary
The districts would sim?ly be e::ur::er:lted ~o::; with
other districts if incorporated into a com?~d:::-.si\'e
ord i..~al1ce. A discussion su ggestin.g how c.le provii. ~ r:s of
these districts could be incoC?oratedin a compre::::1si....e
zoning ordinance is found in comments below;
Section 4.0 Floodway District (FW)
4.1 Pe:mitred Uses. The follo......;ng uses havi.-:g a
low flood.camage ?otential a..'1d no obsCT.lc::,:1g
flood flows shall be ?e=r71i reed .....;c..lin "le Flo-:d-
.......ay Disuict to the ex:ent :"':3.t L,ey are ;'.ot
prohibited b}' any oL'1er ordi,:;ance and ?rcvlced
they do not require 5lT'.l<:t'.lres, BiI, or ston"e of
materials or equipr::ent_ But no use shill .d-
ve:-sely affect L'1e opacity or Lle c~a...'1r,eis or
floodwa\'s of an\. tributary to t..le mai..'1 s:::-e:L"Tl,
crainage. ditch, ;r :L'Y ,OL:"':C::' ~nin3.ge :.lcliry ~r
system.
4.11 Ag riculrural uses such as gencal
farming, pasture, gT:lzing. outdoor pl..:H
nu."S<:ries, horticulture, \;tiC".llt-..:re, t!"'~:!<
farming, forestry, sod fa:rni.'1g, -'-no '.\~:d-
crop harvesting.
4.12 lndusc:r.al-comrnercial uses such J.S
loading are:l.S, parking :ueas, airport !:;"-:~'1g
stri ps.
4.13 Private alld public rec,eational ~<.es
such as gotf courses, LC:':~is co'u:':S, ir:'.~ig
ra.'lges, .U'chery ranges, picnic f'C'u:-..:s.
b o at.launc.'-.i...g ra;,;;ps, swim;:-,ing l~:"-S.
parks, wildlife :l.nd nature ?,:se:-.es. :":7:e
farms, fish hatcheries, shoocim: :Jres-e:-.:-s,
target ranges, trap a.,d skeet r~ges, h .:.,:; c,
ing and fishing areas, hikL'1g a..d horoe:.. ::<
riding trails.
4.14 Reside~j[ial uses such ~ la....-::s.
gardens, puking arelS, a..d play l:elS.
4.2 SpuiJl-Permir USe!. T:le foUo\\~::g '~>es
which involve SW'.lcrures (tem;Joru,\, or :er'
rnanent), fill, or stor:lge of r::aie:ials' or c~~.:"
~ent r;:~y be ?e:7:';iu:cd only u??n ,:??Ec.a:::c:- .:0
uie ZOi1L""lg 4.G:rU~~LStr~ror a...,d tJ1e i.5S:":J.:-:C-= :: i
s;eci:l.i ;:e~it b:' :he bO:l.rd or acjus:::-:::-,t ~ :~:-
\icec in Section 6,5, Sp<:c:1.l ?e:7:1iLS. c; :':".:S
I
ordinance. T1-.cse 'Jses He ~lso subject to t~e
pro\isions of Section 4.3, which apply to aU
flood way special-pe~mit uses.
4.21 Cses or structures accessorv to open
space or Special-Permit uses. . .
4.22 Circuses, carnivals, and similar tran-
sient amusement enterprises.
4.23 Drive-in theaters, new-and-used~ar
lots, road-side stands, signs, and billboards.
4.2-l- Extraction of sand, gravel, md other
m.:l teri also
4,25 .\\arinas. boat ren tals, docks, piers.
whan:es.
-l-.26 Rail roads, sueets, bridges. 'Jtuity
trar.sonission lines, :md pipe lines.
4.1i Swnge yards for equipment, ma-
chinery,or materials.
4.18 Ke:1flels lnd stables.
4.29 Other uses similar in nature to uses
described in Section 4.1 or 4.2 which are
consistent with t11e pro\isions set out in
Sections 1.3 and 5.0 of t.'lis ordinance.
-l-.3 S:.;ndurds for Flood-;;.'ay Speci:zl Permir
Us~.
-l-.31 All Uses. :-':0 structure (temporary or per-
manent), fill (including fill for roads and levees)
deposit, obs::ruction, storage of materials or
equipment, or other use may be allowed as a
special-exception use which, acting alone or in
combination with existing or future uses, un-
dulv affects the ca::Jacitv- of the floodw!v or
unduly increases nood heil!hts. Consideration
of th~ e ffeets of a proposea use shaU be based
on a reasonable assumption that there will be
an equal .:egree or C:1croachment extending for
.1 significant reach on both sides of the stream.
[n addition all flood...iay special-permit uses
shall be sub'ect w the st.:lndards conuined in
Section 6~ 3 a:1d the following s::andards
(4.32.';,H):
-l-.32 Fill.
(1) Any rIll proposed to Dc deposi::ed i1'1 the
f100dwav musr be shown to have some bene-
ficial p~rp(\s.e a;Jd ,he amount :he:eof not
greater than is necessary ro achieve tl1at
purpose, as demons~a,ed by a plan submit-
ted by the owr.er showing rhe uses to which
::he filled land will be put and the :Ind
dime:1s:ons of ;:he prop~sed fill or other
m:l~ena!s.
(2) Such [1:1 or o::he: :oa,e:-ials shall be pro-
r::e:ed a,,:Ii:1S: erosion bv r.:Jrao, \'e:;:eurion
cove~, 0; b'Jlkr.e3.ding.' .. -
4-.33 5:.-.1c::.aes (:~,.,r.?or;ry or p,'1..,....:r.cntJ.
(1) S::-J':::ures s:-:a!I :lor !:>e .:esi~ed :'or
:1'..1;::3.:1 1'-::ibit2.i:~on.
..:.8
I
(2) Srruc::ures shall have ~ low r:ood-';a::-:a~e
po:en rial.
(3) The SHucture or Si:rucrures. if permir;ed.
shall be construc;:d l:1d :Jlaced on ;:he !:l'.lii.:;
in\! site so as to \',ffer th~ minimum obstruc-
ti~n to the flow of tlood waters.
(a) Whenever possible, struct'Jres shall be
constructed with the longirudinal axis
parallel to ;:.1-je dired on or flood tlo.....,
and
(b) So far as prac-icable, srrucn:res shall
. be oiaced aporoxirr.arelv on L'le S:lIne
flood-rlow li'n~s 1S th0~e of 1djllini~~
sauCCi.:res.
(-l-) S:ructures shall be firmly :L'lchore,: to
prevent flotation which may result in ':,;,,:n-
1ge to othe~ s;:rucrures, r::s;:ricuon of br;.:~e
openings and other narrow sections or :.'1e
scream or river; a:1d
(5) Service facilicies such as e!eerncal 3..."Id
heati~g equipment shall be consLr-Jctec 1: or
above the reg'Jb.tory flood-protec::ion e!~;a-
,ion ror the ?arricular area or flood-proc:ed.
-+,34 Stor::ge of,\'f.lteri:zl :lnd Equipment.
(1) The storage or processing of r.:ate::als
that are in time c' f1codi:1g buoyan;:, :;lm-
mable. explosive, or could be in.iurious ;:0
l1uman, animal, or plant life is prohibited.
(2) Srorage of otbe: ma;:e:ial or ecui:J:::e:H
may be allowed if not subject ro m~jo~ c"---n-
age by floods an;! [Irmly :mchored w ?re-
vent flotation IT :i readiiy removable :~~m
the area v."ithi; ~he time 3s:aib.bie 2fLe~ f.~od
warning.
Commentary
Section 4.1 The per:nined uses lis;:ed ..bee -.-
allowed as a maneI' or right, i.e., ;:he zoning l.j;;::~jS:-r:i-
tor must issue a perm;' if ;:he applicant ~eets t::e s;:i:ed
require:ne~cs. .~ s?ec!~ ~.e:mit 2l!O\""'S oth,cr !.!~~ c~:y
3.h:er a pubiic hearing hy r::e DO:lrd of l,:juStr::~:;.: \\'h~..:::
ce:e::ni:ie5 ~'3.t L~e conditions $eC dO\'.::1 ~n :.:..~ or..::-
...:ince do exist. The specialcpamit uses n:ght;:,:: :e:-;;:ed
special permits, sFecial exceptions, or by scme OL"er
na..'ne. The ir.lporrant objective is to rHO\1de l p:::ed:::e
bv which the uses can be eva.l uate~ on a c:;.s::-: y,ase
b~is. Here &.e board:.r adjusrrnen t is ~:ide :~s?..: :cs:::e
for L~e s?~cial pe~ir.s. This r~'/ie\'/ bOlr:: :s s:~:i::~j
primar:l:r because rh:: !:load is usu:llly S;:l:':..l;or.iy :eS?0~-
sible for speciai-exception uses. The local pb.r:::i....f :'Ol:':
:nay be :-71ore 2.??ropri3.ce. Basic ~:1;;.bljng l~~:'"C:-:::'" '."'i~l
cece:mine the rev1C",.J.; function. \1,'~~:1e....e:" :..:...:: f'..::-:.:::c:: :5
?.55u::-.ed. :::c:--'i1iC:ll :::;.gi~~r::",.g 1SS:5i:.:.~ce ",\'ill :,e :--:~.:~.:
to ?c::-:orr:1 most of :r.e C";~''':l~Oi1 ::-:c l.C';:S.e :~.:= :-:.;::-......
:lg~~cy. S~r:c~ L~e '.ls:es Iis~.:d in r::is s.e~:~0:1 ..:.:-:::
I
soace uses :J.:Jd do not im'olve structures, fill, or storl~e
of materials, a sp~cific evaluation through :he speci~.
per.nit procedure is not necessary. Generally, per.nim:d
uses do not obstruct 1100dways or threaten other land.
They usually have a low flo09-damage potential. Some
ordinances make a\l flood way uses sp~cial.permit uses.
This somewhat cumbersome procedure seems unneces-
sary for purely op~n-space uses not invohing fill, struc.
tures, or stOrage of materials.
$.:ction 4.2 Special permits are uses which must
receive speci:lI artention to prevent obstruction of flood-
W1VS, threlts ;:0 other lJ.:JGS from tlo:Hi:Jg debris, ::.nd
subst:.lntill dar;uoe to the uses the:!:s<:h'c:s. Therefore, a
"
d~tc:rrninltion of ,he lppropri;ire:1eSS of the specific
proposed use Jnd its location wi;:hin the floodway is
needed. Procedures for the board and the general stan-
dards to be :lpplied in passing on all special permits are
set forth in Section 6.5. Specific provisions relating to
floodw:lY special permits lre contained in Section 4.3.
Sevenl approaches could be used in adapting the
flood way provisions of rhis ordillance for incorporation
intO a comprehensive zoning crdinance:
(1) The Floodway Dimict could be treated 15 a
primlry.use district with all uses specilied. However,
since the Floodway District allows a mixture of open-
space,agricu! rural, industrial, commercial, and recrea-
tion uses, this could result in incompatible grouping or
mixed land uses. .\\ore i=npon:ant, conflict ~1:lY arise
betwee:l. us.::s within the Floodway District and uses in
rhe 'adjoining zoning distric~. For eX:lmple, the location
'or a drive-in t.beater (a special-permit use in this Flood-
way' Dismct) adjacent to bnds zoned for reside:l.tial
purposes could cause serious conflicts. This would vio-
late one or rn.: blSic purposes of comprehensive zoning,
i.e., the segregation of uses into compatible groupings to
avoid conrlicts caused by r..ixed land uses.
(2) A second possibility is to permit in the Floodway
Disuicr only uses whicn are consistent with the Disuict
specifications and which are 11so permirred in the adjoin-
ing zoning ..Estric~. Adjacent disc-icts might be extended
to include fioodway arelS so that Lle Floodway District
would be 1 secon<hry cr "overlay" dismct. For exam-
ple, if the adjoining dts,uict were zoned for gener:!l
commercial purposes, th en F':lrking and loading ;;.re:lS
wowed in the adjoining districts would be allowed as
rrmir;:ed uses while i1ew-a:1d-used-c:lr lots, sig:1s and
biUbo:lrds, md possibly drive-in theaters would call for
s?eci::.l permits. But an approach such 15 this, while
desinble from the ?oi~t of view of mi..rlimizing incom-
pacible la.:'ld uses, impeses suingent resmc~ons on an
alre:;.dy severely regulated area if the :ldj:J.ce:1t dis;:ric~
are zoned ~'or li::1ited reside:l.ci:ll use. What would be
desirable from .. plan:1i."g point of \1eW ;-night be
uri~es:r:lble from :l legJl FOli1t or "ie'.... bcC:l'..:~ it \'.:ould
run L~~ dJ.::gcr cf ~e=-,Yli:g che ?:lva:e-pro?e:--r:" o\"'ner all
relSonaD Ie use of :cis ?ro?e~',
I
(3) A possible compromise IS to make the FiooJw~',
Dismc: J. primar:~..Llse ,.:isr:ict \vhich pc=:-rni ~s ~~ose ')r~::.
space uses listed 15 permitted uses but which impos::s
the lddirional requirement thlt.special-permit uses t.~
a1low~d only if the board of adjusanc::nt determines they
are compatible wito, uses in rhe adjoining zoning ..:istric:.
The rationale for this suggestion is that the specia.:-
permit uses are often most "noxious" while permir;:e::
uses are relatively compatible with adjoining develor-
ment. For eXlmpJe, if the adjoining district were zOi1d
residential (the most "sensitive" classification), a prc-
posed special permit \\ith nuismce-like charlct.eris:i.:-s
cal2h l.S J. dli\.~.i:1 thelter ~ight not be i~!c\l..e.j by ~:-.~
boud Pe:n-:ined uses ge:1edl~' \\'ould be comp:l:i::e
\~i:.h reside:1ces. Tho~ which would r:',)c. such .3.S ;:1':'_s'
t.rial loading areas or parking lors, would lik<;ly be loca;:-
ed only adjacent to commercial or inJusui:l! uses of ::~e
adjoining zoning district. Hence Sec'ion 6.3 (8) whic:,
requires t.he board in issuing 1 special perr.1ir CO consi,.:er
"Lle compatibility of the proposed (special pamit) u~
with exiSting development and deve!opme:l.t anrici?a~:!
in the forseeable future."
Section 4.31 ,411 Uses. The evaluation of rhe e ffec:. ;f
a proposed use in the flood way causL."1g increases ::1
flood heigh ts is DJ.Sed not just on L1e effect of the sin{e
us.:: Jcting alone, but upon the reason:J.ble J.Ssumpr:e,n
that other landowners within L"le hydrauliC r:;:ach ~1'.;,st.
be ;:reared equiubly and wowed to develop wit.'1in ;:.,e
floodway lines to an equivalent extene. Therefore, ::~e
cumul:lrive effecrs of such e:Jcroachrnents must ':e
cor.sidered_
Section -\..32 Fill, mJr.lrrUzes filling to pres.::r;e E:;w
capacity and to assure that fill placed in tloodw3.Y .3.~as
...ill be protected 19:1inst ercsion.
Sc:ction -\..33 Strucrures (tempor:lC)' 2nd ;er.:-.J=,ct),
designed for human habitation, are prohibitedbec'Jse
of the high veiocici.:s md de?Ll.S of li1undacion:r::i.
nariiy associated with tL'1is dis::ric:, Structures ;:<'-7'j:-::::d
J.S spec:ial-exc=?oon uses must also have a tow f:Nd.
damage ?otential and must be siruated ro r:-:i:::::-j:::
df':c:5 on flood flows.
Sc:crion ~.3-+ St:orage of mat:erial that. is DUO\....,t.
ilammable, or oL'lerwlse injurious whe:1 carried :=>y :-.JO'::
""-:iters is prohibit.:d for ~e3.IL' :J.nd safet')' reaSO:1S, C:.:...e:
materials and equipment can be st:ored if :.':ey '.\ ');'1't
C:luse much damage and if they ~r= anchored ::,; Cl:1
be removed before c.'-:e tIood hits. Sr:eams \\1;::: ;:7:J.:J
drainage are:lS or ste::? slopes :7!lY rise rl?idly so '::-::';:-.
st.onge uses s:.ould nor be ?er.:-jrtc:d. flood fer::.::.-::......@:.
\I,..a::1i.ng. :L."1d m e!T':erg~:1C:"'~lc:icn ?rogT:lm. if J. ;::...-, ......;.
the I<x~ t:ood~?lain-:::a..r.~gc:::c;H: p].l..i. -:.::..:: .::~..::.
g:-e:1~~: ~exjbi!.iry i.rl l..:-.e rC:~j:3.(ory ?rog-:-3.~ ::~.::...:~.::
"-9
.~
I
nc~r ~ less tl~sh\' stre~m, there would be time to evacu-
ate or protect th'e OCC:lpants and the Stored material.
Section 5.0 Flood.Fringe District (FF)
5.1 pennitred Uses. The following uses shall be
permitted us~ within the Flood-Fringe District
to the extent that they are not prohibited by
any other ordina.'1ce: '
5.11 Any use permined in Section 4.1.
5.12 Structures cons:r.lcted on fill so t~at
the first floor a.:Jd basement floor ~re
abo\'e the rezu l:nor\' f1coJ-ororecricn de-
vaoon. The 61l s;.ali oe at a ;'Oi11 t no lower
than one (1) foot below the regulatory
flood-protecrion elevation for the pa~ic'
u!ar area wd shall extend at such devanon
at least fifteen (15) feet beyond r.'1e
limits of any strUcrure or building erem:d
thereon. H~wever, no use shall be con.
structed which will ~dve~el\' affect the
capaciey of channels or flooclwa)'S of any
tribut3l'V to the main stream, drainage
ditch, or any other drainage faciliey or
system.
5.2 Special-Pernzit Uses.
5.21 Where existing streets or utilities ue
at elevations which- ma.l;e compliance \\;r.'1
provision 5.12 impractical or in c",er
special circ-Jmstances the board of aej;;st-
ment mav authorize other techniques for
elevation' of residences. Strucrures ot..'1er
than residences shall ordinarily be elevated
on fill as provided in 5.12, but may. in
special circumsunces, be or.'lerwise ele-
vated or t1ood-proofed as provided in S<:c.
tion 6.5(5)(a)(1) to a point above the
regulatory flood-protection elevation.
5.22 The board may authorize, at an eleva-
tion below the re~atory flood-protection
elevation, uses Ested in Section +.2 or t.i''\is
ordinance and other simihr uses which
will not be subje" to subsClntial flood
damage and which will not C:lUse flood
damage to other lands.
Commentary
Secnon 5.0 Since t.'1e flood fringe does not contribute
appreciably to the passage of flood flows and has low
depchs 1nd velocicies, almost all uses ~re pem:iC1:ed if
elenred above r.':e regulatory flood-protection leyel or
floaC. ?roofed. .\\ost OpCl-5paCe uses will not need to be
rbced at "he rep.!!.ltory fiood'protecrion e!evaoon,
Section 5.12 requires th:;.t rrlC'St srrJc::Jres Je e!en:ed
b\' :'ill to the re;'l:~to:"y rlcoe'?rorect:ion c1e',':;.::ior1. Ftll
eX:~~~::1g lC iC':lsC 15 :4-=:e~ or;:::o:1d :.~~ S:~"':CL:'..l::= :s ~~e
50
I
preferable method of proceccing s;:ructures In ehe :-.:''':-
fringe because: (1) it ?rO\ides sr:-uct'.lral sa:;::ty by buf.
fering against direct contact \Vim rlood waters; I:, t.'le
absence of deep water r:ear t.le buil.:ing lessens ':.l:-,;<:rs
from drowning and facilita,es rescue and relief 0;e:"a-
tions; (3) the fill and i:~t tlood requiremems re5~;t 1..'1
the elevation of Stree1:S, sewers, and oLler public :lcili-
ties to sen'e the structures-a result t.'1at normally c..,not
be achieyed t.lrough conyentional zoning prac::ces;
and (~) pre\'ents w:llk-cut basements which, of CC'.lrse,
are subject to frequent flooding. Fill should be of a
material char, ',vhen 5ufficiendy compacted. will retain
its srr,JC('l.!!"1! ~~4ri;1~ C1plb~iiry u:1der SJt"...:r:l:~d ::::1ci-
ti ons.
Section 5.21 aut..':.onzes other ted:niques for e:e'..l~'g
residences in special circu:71st:;..,ces. Structures ,::her
rhan residenc.:es shan ordinarily be dented on t~:: but
may, in special circurrlstances, be elevated or :~)od-
proofed to a point above t.'le regulatory tlood-prore.::ion
elevation. Factors chat me board is to consider 1..'1 pSSL.'1g
upon an ~pplicarion a:"e lisred in Section 6.3. Fi-Jod-
proofing may be allowed or required J.S speci;:'lei :n
Section 6.5(5).
But it shouid be noted ;:hat if fill is not usee. aIld
instead buildings are put on stilts, piles, or i;1terr~?ted
walls, t..':en che other goals of r100d man:ageme:1t ~r: nut
met: n:lI:1e!y, :~e roads, se'.vers, and 06er public :-~.:ili-
ties will still be below flood elevation so :lood da.!'r.~i=e to
L~em \\iIl be greater. .-\1so, relief and rescue ope:--:::Or!$
\\i11 be more difficult_ :--;evertheless, when r..'1ese 'me:::ods
are used, eieva:ing ::1e;;lbers should be properly fcoced
to withstand sarurared cor.dieons and located so .l.S to
reduce scour enec1:S a;'ld damming of debris,
Other structural acaptltions to rlooding ca.., t~ ::Hlt
into a structure when it is built. But eve;'! these s::u.:-
rurally improved buildings should be ,es=ricted to ~reas
where fleod waters He not fast or deep. if :loading :.Ll.:.es
place ,to a considerable depth, a waterproofed st:--,~:'.lre
will be subject :0 ,.\'0 irrlportlnt basic forces: (1) c:-.lsh-
ing from the weight of water on theou::sice '...11:5.
and (2) uplift press;Jres on the base:7lent or sia~
foundation.
Section 5.22 perrrlics the board to allow cer:.lin ~,es
b~lo\v t..1e :::gt.!!.:i'Lory t1ood-?rOLeC~ion ~lc...a.:ion ;:::rc'"...:i::-:
the special-per.ni: procedure. It may be irnprac:ic~: ~0
require that hea\"y steel be~ms or brick piles be s::re.:
above: the regulatory-flood level. These uses would ;'lor
be substantially cal":1aged by r100ds or c.'lrea:en ;"j',;::,' t:>
others, ,\Ionble heavy co,.sC:-.lct:ion equipmc!t s;::;r:.:
in the floodway of a slow-rising sueam could be re~.:il~'
remcved, The board co\.:Id, of course, HU.::: a;:;:r.::::-'a::
conditions to granting or 5;:,ecial permits.
lncor?orarion of the r;ood.fri:1ge cis~:ic~ ?r.:::\-:~:~;",.5
into a ('om?re~c:-:si\'e zoning orciin3.ilC~ ?r~5'::::1~S ~~-....~:
?f0s.1ems th3...;, ir:cor:: ora~ion or ~~e f100~\\ 3.~' d;~ ::-:(":_
The rloo~-~-~i1ge <J:s:ric: r=~';~J.::io~s ?c!"':"7:ic .:.~;.. :y~~
l.,.;,Se if it is e:e';ate-i (IJr 1:1 s-:~~ ~~cs =1oo~=,rGof-::~
I
I
t.1e reg'JI:HNY r1ood-protecoon ele.::;.tion. Therefore, the
flood-fri;:ge district is made an o\'erlJy c:istrict whic~
adJs flood-r~lJ.ted regulations to 'J5e pro\isions of toe
underlying z.oning districts. T~e following lan;uage
illusaates :.o\\' this CJIl be done:
eln'aQvns: siz.e. loc:Hio:l. .lrd s::'~::.:.;
:: ::-.l;1ge:n:::1t v~. :.:~ ?:"l'? os..: ,j ~-.J
lO:'xistin2: stni~t:.l:-.:~ ':':-: :::e si:;:; !,:-:.:~~
tion a~d c:levati,.::; oi ":<,etS, \'.a:::r
suppl)'. sanirar:- l.l..:iiic;es; phot-r
,;r.lDhs showing eXlstin.z l;lnd uses ~::j
\'eg~tloon upstream and dO\\l1StrO:n,
soil.types, and other pertinent infer-
maoon.
(Alternative) Section 5.0. Flood-Fringe Overlay
District. (F F)
(d) A profile showing the slope .;)f
the boaom uf the channel or r1v\\'
line of the stream.
This overla)' district pro'vides special regulations
designed to reduce Hood losses. The require-
ments of this district :He in addition to those
cont:lined in the basic underl;'i:1g zont.""g dis;:ricL
5.1 Po'~?nittc.i Uses. I Ir..s<:rt :wp.:.ge from Sec-
tion 5.1 Dra.ft OrdinJIlce)
5.2 Special Exct?ptions. (Insert hnguage from
Section 5.2 Draft Ordinance)
(e) Specifiotions for Du:ic:::g
c onSi:ruC[10:1 2~..:i ~:.ll~r:.hS. rt\,,),_".,;.
proollng. iilli..'g. drdfir.g. grhE:-.;.
channel impro\'e::1c:nt. stor~g~ Jt
r.1atei:lls, wacer supply,L,d s:lni,~y
fa cili ties.
(2) TrJIlsmit one copy of u'1e inforr...1-
tion described in subsection (1) to 1
designated engineer or ocher expert per;0n
or agency for technic:!.l assist:lnce. whe~::
ilece~an:, in e\'alu2ong me proposed :r-r
ject in r~laoon to flood hc:ightsand velo.:i-
ties; t.~e seriousness of flood dam2ge to :.'ie
use; the adequacy of the plans forprotec-
rion; and other technical nutters.
Section 6.0 Special Permits
6.1 Any use listed in this ordinance as requir-
ing a special permit may be 2110\\ed only upon
application of the zoning administrator on
forms Eumished by him and iSSU2!1Ce of a special
permit by the board. L'pon receipt of the
applic:loon the admi.-ustu:Ot shall forrI'I\\ith
submit it co the board.
6.2 ?~ocedure to be:: followed by t.1e board in
Fassing on special perrnits. Cpon recelv'Ing m
applic200n for a special permit invol\ing the use
of till, construction of strucrures. or stOr:ige of
rr.a tenals, the board shall, prior to rendering a
decision thereon:
(3) Based upon t.1e technic:!.1 evalU:ition
of the design~ted cginc:er or expert, :.'-:e
board shall de:er::1ine the specitic flc-vd
hazard at t.1e site and sh211 evaluate :.'-:e
suiubiliry of ,he proposed use::. in re:at:v:l
to the flood hazud.
6.3 F~C:OTS upon -,;,'hicb che dec:sion oj :J:oe
boud sbl/ be based. In p2ssing uponsuc:: a;:?ii-
c:ltions. the bo.ud shall consider aU releva,nt r.ac-
rors specified in or:,er se::C1::ons of this orc;r..a:1c::
lnd: .
(1) Require t.1e applic~lt to fum:sh such
of me followioll information as is deemed
necessary by t.'1e board for determ!n ing the
suitability of t.'1e particular site for the
proposed use:
~1) The danger to life and property due to
Increased flood heights or velocities cau~d
by encroachr:1e:1 tS.
(2) The danger that marerials ::12\' be
s....'ept on to other lands or .::owns,re;:71 to
6e tnjury or ot::e~s.
(a) Pt~,s in uioiic:ite dnw71 to sc:!.le
showing the na~Jre, loc:lQon, dimen-
sions. :lnd elevation of ...'"le lot. exist-
ing orproposedstt"Jctures, fill, sror2ge
of ma,eria!s, tlocd-procr:ng :71e3.Sures,
and the relationship of t.1e :lbove to
the location or t.1e channel, flood-
way, md the flood-protection eleva-
tion.
(!) The prop~ed water supply lnd sJ.::::a-
non systems and the ability of these 5\S.
tems to prevent disease, contamination.
:lnd unsanit3.ry conditions.
(.1) The susceotibi!irv or the oroDos~;;!
facilir;.' and it:s' cor.te'n,s ,0 flood d~:r.:.:e
and i:~e effec~ of such da;na=:e en i:~C: i~2i.
\idual owners. -
(b) A eypical valley cross-section
showing t.1e ch:.annel of the stream,
e!e..-ati';n of lmd :lre:!.s ldjoL""ing e:lch
side of the cha.,nel, cr~s-sectional
:are:lS to be OCC'.l t'id by ;:.'le proposed
development, and high-water infor-
::1::ltion.
(5) Tlie i:n:>ortance of the se:-;ices :~0-
vided by {he proposed facility to ::-:e
co m:7l U ill ry.
(c) Pla~s I S'.lrface \-1ew) sho\,ing
e!c:v~~orIs or CC!1~Gun or ::-:e ground~
?er:l::e~t S:ru(t'...!ie, nIl, or s~ora.~e
(6) The re::'.l;~c~c:HS of :.'1e :}~i:i[".. :,:~ }
\\,.:lce:"'fronc r'oclrion.
51
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I
I
(7) The .l\'.li!JDi:!r\ nT' .l::;.~~"'.<: ;<'_'c:.,:u~~
not subject to :~,.~l,j:fif! !',)r ~:~ ~;'j:('s~d
use.
\\'i:~ th~ rc:g~IJtory rlooj-protec~j0~ ~:~\ 1-
tion and associated flood factors for :.':::
pH[icuiar areJ.. The ioilowin~ ~lood pr00r-
ing me:lsures mJ.Y be req'-,ired lIi:::.:..:t
li:.iitarion because or specific en~::1erJ:ic:::
(8) The comp;1t;bilit~, of t:-:e pro?used use
with eximng aevciopment .Inu u,,';dop-
menc anticipated in the furs.:e:lble future.
(9) The relationship or the propusc:d use
to the comprehensive pl.ln and rlood-plain-
m:tnagement program for tnc area,
(10) The safety of access to the pro perry
in times of flood of ordinar~' and emer-
,gency \ehicles.
(a) Anchorage to resist tl ou ti on a::J
lateral movement.
(b) Installation of wHertight doors. bu:;:-
heads, and shutters, or similar methods oi
constru ction,
(c) Rei n forcerr:e!'lt of \\'JIls to re5:s:
\v:!(cr pressures.
(J 1) The expec:e.:! heights. \'e!ocjt~'. '::~ra-
tjon, rate of rise. Jnd sediment transport of
the flood waters expected :It the site.
(12) Such other factors which are relevant
to the purpos.:s of this ordinance.
6.4- Time faT .zc:ing on ..pplic:uion, The board
shall act on an app!icacion in the m:lnner lbove
described within- davs from recei,'ing the
applicJ.tion. except that w'here additional i"nfor-
mation is required by the board ?ursuan t to Sec-
cion 6,2( 1) of this ordinance, the board shall
re:1der a wrinen decision within da:.s
from the receipt of such informltion.
(d) L"se o~- ?~i:1~s. ~emb:"':.l~es, or :T10r:..:.:s
to reduce se~?J.ge or water through W:l~;.
(e).~ddition of rr:ass or weight to strt:;-
tures to resist flotation.
(f) Insuilation of pumps co lower W:lter
levels i:l suuc:u res,
(g) ConsmJc:ion of water supply .1~j
wJ.ste-<reat;r.e:1t systems so 1S to preve::t
the e:lt(.1nce of f1eod waters.
(h) I ns~alhrion .of p.umping f::ciliti:s .cr
compd:-aole ?f3.c::ces ~or 5ubsuri3.Ce \.1:"!~~.
age sysrems for b'..lildings LO ;c:!ie'.'e cx:~:-.
nal foundation wlll and basement :100 j
pressures.
(i) C0r.stn.lction to resiH rupe'.lre ,Jr
collaose c:;.used bv Wleer pressure or i1cl:-
ing j~bris.
(j) l:1st.11b:ion of vaives or controls C:l
sanitary and storm drains which w::l
permit the drai:1s co be clos.:d co pre'.e:::
back-up of sewlge and storm Waters i:::0
the buildi:lgs or structures. Gr:l\'ir\' drJ::l-
ing of bas~ments may be elimin~eed c:.
mecha:lical de\-ices.
6.5 Conditions .w.Jcc<?i to speci.li p<?Tmirs.
Cpon consideration of the hcwrs listed 1bove
3.nd the purposes of this ercinance, the board
may attach such conditions to the granting of
soe"cial ?ermits or varilnces as it jeem~ neces~an'
t~ further the purposes or this ordinance. Among
such conditions, without limitation because of
specific e:1umer:Hion, nuy be included:
(1) .\\odification of waste disposa.l and
wa ter'5U ppl y facili ties.
(2) limitations on periods of use lnd
operation.
(3) Impos;[ion of oper:ltional conrrols,
sureties, J.nd .ieed restrictions.
(k) loc:ltion of all c:lectriCll equip:-r.er",
circuits, a:1c insuEed e!ectriclllppliGu.:es
in' a r7::l!1ner w:.ic:: wiU assure the:; are :;,]C
subject to flooding and co provide pre~e('
tion from i!1'.ln.i3.:ion by the re:'~:2:,g-.
:;ood.
(-+) Requireme:lts for constl"'.lction of
channel modifications, dikes, levees, and
ocher procecrive measures,
(5) Flood-proofing r.1easures such as the
folJowi:1g shall be designed consiste:1t with
the t10~d-protecnon - elevation ror che
particular area, flood ,'elocities, duracions.
rate of rise, h,'drostatic :lnd h\'droovnamic
forces, and ocher factors associa:~d with
rhe regul:ltory flood. The board or adjust.
menc shall requIre that the aoolicant
s:.:br.1it a ?i:1n or dOC'.lme;'1[ c<:~idcd b~' a
re:?;s!c~ed prore5sional e:1gineer that the
fi :)oc-?rCOr-l~g :7":eJ.s~res 1:: consis::::n
(I) location or 2.,,: strJcr.lr:l1 st'.:'r3.~c
facilities for chemicals, explosives, buoYl::.
r.1aterials, i'iamma:.le liquids, or ocher t0X:,
materials w~ich could be naurdous to
iJublic health. sa fe ('\. , lnd welrue ::1 a
~.2:1r.~r ..\"hic;, \I.'ill a;sure char :he fJ'::::~:~5
J.re s::~J.!c-:d J.C ~!~'::lcions .iDo\"e t:h~ ~i==-:i:-::
associ~t~d \\"ith {:,~ re~'JI.l~ory pro~-:.::;\.';'1
elevation or are l.:e~UJte!:.. f1ood'prC'c':'~::
to ;:ore'.erH rlOCltion of stonge CO:1rl;,.~r;,
or d~:7l::.ge to S:Oflgc ~0i1!1:ii~::S 'sh:"::-i
could :"~sult i;-j :;.,e ~5':1:~ O~ :o~..::~ :-:;:'::':'":-
1;5 :~:o flooJ "1;1:':::$.
52
I
Commentary
Section 6,0. This sec:ri0!1 :icrs ,-~,"r ..._ -:~.,~:,:_:;: :L'[
passing upon sFecill pe~~~t~ f,)!' ~,.>~d-~".!::! '!:"e:ls.
Emphlsis is upon t::-e $:J<::c::J.l 15Fe.::s ,)r :~is ;:'::i:cu::ion
which supplement uS:Ja! ?rocedures for e':liu:Hing
special exceptions. condicional uses, 1nd so rorch. A
comprehensive ordinance will concain provisions which
establish the office of a zoning adminisQ'lCor J.nd a
board of adjustment, define their function, J.nd establish
procedures for evaluation of per.nics including ~e3.ring
require!'1:cncs 2.:id cC'~rZ' re....ie\\.'.
Section 6,5. The prol:ed'Jre {or deal!n-z with "ood-
p[ain special permits :s lpproximJ.tei)' 3.S described in
6.1-6.5:
Section 6.1. If the use is one listed in the ordinance as
requiring a special permit, the zoning admii'lisrrator
35sists the applicanc in filling out his 11'1'tic3.tion and
submics it to the board of 3.dju5tment or other re\iew
agencr.
Section 6.2(1) indicates rhe rype of ii'lforr;il:ion the
board cJ.n require the applicJ.nt to supply. This informa-
cion is of two general types: (1) description of the
ph ysical c.,ara.:teriscics 0 f rhe si ce., Th is ii'l for:na tion
indudes a c;.'pical \'alley cross 5ecrion, a profile oi the
s::re:lm. and vegetati';e cov.:: lnd other potential obstnlc,
tions to flow. (2) .-\ d~.:ripcion or the proposed
development which will permit an evaluation of irs suic-
..biliry based upon -rle nood :-::lZ:lrd presenc Jt ,he partic-
ular site. This infor7:lJtion indudes the nature or the use.
its spatial arrangement, str.Jc::ural specific:nions. lnd
ocher pertinent facts.
Section 6.2(2) rrmits the board of adjustmenc to
transr!"jc this information co a technic:llty qualified indi-
\idual or agency. This agency uses che inform:uion to
calculate the flood haurd It the site and to eV1luate the
suitability of che proposed use in rebrion co the flood
h:lZa:d. The technic3.1 review agency may suggest modifi-
c::ltion of the proposed development necessary to meet
the requirement or ::.,is ordln:lIlce.
Section 6.2 (3). Bascd upon the ev'aluation by the
technical review agency, the board oi adjustment derer.
<nines ::he suiubility of the proposed use in rel:aion to
the tlood ~az::lrd. The f..ctors which the board is to
consider in ;:valuating rh;: proposed spe::ial-pe.;o:it use
are found in Sec~ion 6.3. The boarc i7l:lY ~~!Jch Jddi-
tio.nl cor.~itions as l'.H..1orized b~' Section 6.5,
Section 6.; lists rhe general factors ,-"hich che boud
shall consider in evaluating the spec::l!'permit J.p?UC:l-
tion. These :J.re in additIon to the speci:ic requiremer.::s
co~:air:ej in Section .i,Q for :;co':!'.\':lY '~ses or 5e:::::on
5.0 :'or f1ood'fri.lge uses.
I
Sectiun c/..,. S~:.': :l :;:7.c :i::-:it \\'nntn \\,:..,!.:~ :~= ~O.,;:":.
must :.lC: ':':'". .:~ .l.;:?::"':::::'Jr. :'Jr:J. 5peci:ll r~:-:::it. -..... ...-.
limit c::ln b<:: ;::~:.:r:jei: ir che appli':J.nt must be: -~~ui~::d
to supply ".:iditiom! information co proper]~' e..aiu~:e
the DroDOS;!L The oJ.si.: pUr;Jose of this 5ecnOl1 .$ co $~,
som~ re'asonabie time lirr.it~v'ithin which the bOl:d rr.~st
render a decision.
Section 6.; specifically authorizes rhe board :.) .Hu=:,
conditions to tne iSSU1,:1(,:: of \':!:::lnces or sp:ci": ?err;-.;:s
and enumerates so~e of these conditions.
Section 7.0 I\!onconforming USeS
j.l .\ s~r'...1(,~...l:-e or t~e use of a s~rucr__:"~ I)~
premises vv:hich was lawful b<::fore ,~,e ?J$s:::e or
3.mendmenc of ~~~ l)rdinai1ce bu c \';hlC:' rs :':.)( in
conformit~, with me prO\'isions or ;~is orcir:lnce
:nav be continued subject !o the rollo'si;:~ =cn-
. , -
dirions:
i.II No such use sh1il be exF<-~de:d.
changed, er1l:!rged. or alrered In 1 wa \'
\\"hich ~n.:relses its ~ortconfQrmi'Cy.
i .11 No scruct'unJ ..Iteration,addirion. or
r:::nir co a.,y non.:onforming SCr::.:rure
sh~l! exceed ~ percen t of its va>Je It
:he :ime of its becoming a nonconro~:ning
use. unless the: scructure is :e::r.ar:e:1dv
chansed to a confor:nir.g use. : .
i.1; [f such use is discor.cinuec ~or _
cons~c:.:tiv~ ~ori(hs, ~~\' futl..i.re '..:se !~f L~e
building premises shaJi conform ro c.his
ordin:lnc::. The l;sessor shail :"Jocf-.. :he
zoning administrator in wri ting of in-
sunces of nonconformir.g '.!ses ',,'hi.::: :~a\'e
b<::er: discontinued for :l period or
mon ths.
i.1-1- If any nonconforming use or 5:::".1;:'
cure is destroyed by :;...,.,y :neans. inci'.!dir.g
floods, CO an extent of _ perce.,c or
more of its v.due. it shall not be :ecen.
stru.::ed except in c::lnrormity with c::;:
provisions of this orii:1ance. The bo::d or'
:ldjusi:men: :7:.1\" ~<:r~it re.cor.S:T'Uc::on if
che use or srru~1:~re is loared oucsice :::e
floodwa\' lnd u:Jon reconst:',J~:i:i1 is
adequ.:Hdy and S-1f::ly noodproviec, e;e-
nted, or ot~e:wise protected in C0:1:0:'
mity with Section 6.5{1)-(5).
7.15 Cses or acjt.::1c:s ~h~:"eof '~,,':--:i;.:~ l:-: _.
:'~come rHlis~:lces shaIl iiv\: be e~::t~ed :0
ccnt:,--.ue 35 !10nc:Jnf'~r::;ing t.:ses,
i.16 Exc~?: 3.5 ?rc\'i,..:~d in S~;:,:;cn ;.~5.
an\" use \\"hich has bee:1 p~r::-:i~~~c ~~ _
sp~cial ~xc~?tion s:-:3.U :,d co:'!s:~t;'"~': _
con {a f"j"';'j.; iig use.
i.17 ..\ny 3.:~~:"::'(lon. ::.cdi6on. or
ro 3~P')Y ~on":ol.;~'~;:1g s:r...;.::--.;':'~ ". ~...::-:
53
I
\\'C:i,~;~ ~~<;L:it In $~=,jt:lnt:~::;\.
ri ,)(,c:-d:.l~2.;<:: ?ot::r: riJ.I ~~.~:l
. ..
l:-:(:-:::J~::1:.! l ts.
. .
:.~ ;:<:"o:~::-:c
by measures pur>u2.nt to Section 6,5(1)-
(5) 01 tr.lS "din:>.....:e.
7.18 The z.onin\! administrator shall pre-
pare a list of those nO:itoniorming uses
which have been flood-proofed or other-
wise adequately protected in conformit)'
with Section 6.5(1)-(5). He shall oresent
such a list to the board of :ldiu'stmem
which may issue a certificate to the owner
sL:.tinz \:~2.t as 1 :':'~S\.l!t of these cO:7ccii\'e
fi1~as~res such uses J:e in conform;;:\" \vith
the ;:-rovisions oi this ordinance. ..
Commentary
Enabling legi,slacion \n many st:;.tes 3.UL~orizes odi-
nance restrictions limiting the change, extension, altera-
'cion, repair, restocHion, and disconc::uance of noncon-
forming uses such as those set ou t in this section, Some
perr:Ut ll'71ortiz:ltion vf uses. This section sets out some
provisions which would be authorized by mas;: aCts. The
provisions adopted by a local unit will depend upon
basic e:1:l.biing authority and local preferences.
T:le subjecc of nonconforming '.Ises is a croublcs0me
and complex are1 of zoning law. A.." ac.-:;inistncive
procedure for handling nOi1conforrning uses would be
desir:lble. The process should permit 1 o.se-by-clse
derer;ni;;acion of (he probable effect of ;:,''Ie change,
cononu3.nce, or terrr:ination of t.,e uses and take into
account soci21 h3.rm from continued existence and pri-
vate L.'1Jury caused by termination, But specia.i e:ubting
legislation is likely to be needed for such an adminis<ra..
ave procedure.
The nonconfor.ning"use pro\'isions presented ~ere a.re
designed for flood-hazard situations. It is assumed that
failure to comply with flood-hazard resuicrions m:l.kes
the use nonconforming; e.g.. if provisions of c..":is type
were found in 1 compre~ensive z.oning ordinance they
would apply co a residence sinJated in a reside:1oa! dis-
trict subject to t1oodi:1g.
Sections i ,11';.1 j L:.1i( ::.'1e exp1nsion 1..'1Q al(er3.rlon
of :,onconfor.7lir.g uses l.,d provide for their te:rni:1acon
when not occupied,
Section 7.1-+ requires reconstruction of a destroyed
stJ"'.Jcrure to be i:1 conformance wi", this ordi:1a:1ce.
.\tar\}' rmlr\ic:p3.iities have adopted ordina:1ces which
restrict the r1fhc or the i1onconforrnii1g user (0 res~ore a
str..Jc~re da:r.a::ed by t;re, flood. or or.,er ca!<.mity.
Commoniy (;1e:; prohibit restoration in excess of 50 per
cent of 3.Ssessed v:;Jue, f:lir r::arket value, or replaccnent
\'aJu~s (it"l dcs.:e~dir:g o:j~r of s~:i~~e:'\c::). E:1f,)C'c::1g
S"...lc:' .i. prov1sion 19:.i0St J f100d ....ic~j:-71 se::::ns :0 t.c i~kt:
kicking a :T::i..' \\-r.<:~ :iC: ;s l!o'.."n. T:'~:-~fc!":. ~~r: ?rc\~sicn
54
I
is :ldded ,hJ.t the board of ~d,;us,ment may ?C:-;~:, ~~~J:'~'
5~~'.:C::il'!1 of a use If it is adc:qL::lt~ly prore:cred .;:::::,,;:
1100': dama::e and not locJ.ted wi",in the fl00Jwa\".
Section j .15 ma.kes c\eJ.r ,OJ.( nuiSlnces are no! ~C' be
given protection J.S nonconiorming uses. An exar:::<e 0:
a nuisance is a floodway use which obs,ruccs flows. ,aus-
ing substantial injury to other lands or tile public.
Section i .16. Since: a. flood-hazard ordinance must bv
its nature make extensive use of the speci:lI'Fe.::nit
technique, it is well to point out that specil!-pcmi: cJses
are L.Jnforming uses.
Section 7 _17. ..\r\y 5~:'5~:l:\:J.Li :7'~odii:1Cl!i0n Oi: ,;, ::0~-
conforming use shoul.::, jf possibie, reduce its vU::lera-
biliry to flood damage and cer~ainl:, riot :",creJ.se it. T:-:e
re:J.Sonable adminisCl"ation of this a!'Id other :~ood-
proofing requirements ior nonconiorming uses \\111
depend upon an evaluation or the t1ood.hazJ.rd, s",fety
considerations, value of the use, and -.,e cost 0f Gle
particular flood-proofing technique required.
Section j .18. The stigma :lITached to 3. designa:3on.lS
a nonconforming use beclLlse ,?f f1.i!L:te :0 comply wi:h
flood-hlzard restrictions C2..-: be a tir:ancial burden :0 :he
ov..-net who is t:ying to sell or obtain :iruncing In 50me
instar:ces :he degree of nonconformicy m:;,y be :e!J.:i-,,'ely
minor. The ?ossibiliry of obuining such a ~erri:iC:lte
would er'lcourage fiC'od-prooring..
Section 8.0 Definitions
(1) Ch;;.nne/-a na,ural or ar~ificjal watercourse
of perceptible extent, wirh a definite bed and
banks to coniine and conduct continuousl\' or
;:<riodically tlowing warer. Channel t10w (h~s is
that water which IS fiowing: witilin the limits of
the defined channel. -
(2) Flood-a ter::Dor:.rv rise ir: stre3.m :10w or
s:age that :esu!ts in w;rer oven:opping its banks
ai1d j;Jund.1ring ar~a.s icj:i.(e:1c co tje ...:ha:-':ieL
(3) Flood F~i7lge-tha( portion of (he flood
plain outsid:: the noodw;;,\,.
(4) Flood Pi.Jin-,he la;"1d adjace:nt to a body oi
water whic~ has bee:'! or m:l\' be herelf,::r
covered bv iiooc w:lter ind~ding: bllt :'lot
li:-ni.ed to ;:,e reg'..:la,ory :100d. -
(5) F!ood::':J.y-the ct-.:o~~,e~ or a s,re:l:TI 3.nC
c~o:e ~o:"1io;'ls of r;,~. t100d p~~in aGjoi~ln,g L;'~
c..J..l:1e1 l,hJC lre :-~cu::'ed to ':1:7\- ~nd d:sC:1;j,:-~~
(:.e f~ood '....:.,er or' :lood flows'or a:'!v :ivcr ~r
st~e~::: indu?ii1g D:J( n~r !:::;i~~d r~ ilood ::J"'-s
JssoC:.l::-J ,,\.It:n lhe :eE'...ll:i:or:; ~.ooc.
(6) F;'~-:..:i ?r,)/:;~~i 1:""3.?~ or 1 :C:-:~CL;'~;~.;.~
~
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ATTACHMENTS
Figure 1 - Retention Lakes and Channel Improvements
Figure 2 - RecreationalDevelopment
Figure 3 - 1" : 200' scale aerial photograph Bullard Parcel and vicinity
Figure 4 - 1" : 200 scale aerial photograph Bilgore Parcel and vicinity
Figure 5 - Bilgore Parcel Improvements - station locations for surface water elevation and cross-
section profile
N~, e-- ~rkV,'{,.U, ~ ~;L1--
A-r4..dA- T '<<-OJ
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