Ordinance 1101 - Floodplain Ordinance452
ORDINANCE i10. 1101
AN ORDINANCE AMENDING ORDINANCE NO. 962, "THE CITY OF KALISPELL FLOOD -
PLAIN ORDINANCE" TO IMPLEMENT THE FLOODPLATN AND FLOODWAY MANAGEMENT
LAWS OF THE STATE OF MONTANA WTTHIN THE CITY. SAID ORDINANCE PROVIDES
FOR ESTABLISHMENT OF FLOODPLATNS, FLOODWAYS AND FLOODWAY FRINGE
DISTRICTS WITHIN THE CITY AND A MAP DESIGNATING SAME; TERMS USED IN
ADMINISTRATION THEREOF ARE DEFINED; USES ALLOWED AND PROHIBITED ARE
DEFINED, AND USE PERMITS PROVIDED FOR WITH CRITERTA OF ISSUANCE THEREOF;
FLOOD PROOFING REQUIREMENTS ARE SET OUT; A FLOODWAY ADMINISTRATOR IS
PROVIDED FOR AND HIS DUTIES UNDER THE ORDINANCE ARE ESTABLISHED;
VARIANCES ARE PROVIDED FOR AND A KALISPELL FLOOD HAZARD BOARD OF
ADJUSTMENT ESTABLISHED TO ADMINISTER APPLICATIONS FOR SAME; VIOLATION
OF SAID ORDINANCE IS MADE A MISDEMEANOR; TO PROVIDE FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AS FOLLOWS:
SECTION I:
CHAPTER I
TITLE AND PURPOSE
1.01. TITLE
This Ordinance shall be known and cited as the "City of
Kalispell Floodplain Ordinance". This Ordinance is in accor-
dance with and exercising the authority of the laws of the
State of Montana.
1.02. PURPOSE
To promote the public health, safety, and general welfare,
to minimize flood losses in areas subject to flood hazards,
and to promote wise use of the floodplain, this Ordinance
has been established with the following purposes intended:
A. To guide development of the 100-year floodplain areas of
Kalispell consistent with the enumerated findings by:
1) Recognizing the right and need of water courses to
periodically carry more than the normal flow of
water;
2) Participating in coordinating efforts of federal,
state and local management activities for 100-year
floodplain; and
3) Insuring the regulations and minimum standards
adopted, insofar as possible, balance the greatest
public good with the least private injury.
B. Specifically, it is the purpose of this Ordinance to:
1) Restrict or prohibit uses which are dangerous
to health, safety of property in times of flood,
or cause increased flood heights or velocities;
2) Require that uses vulnerable to floods, including
public facilities which serve such uses, be provided
with flood protection at the time of initial con-
struction;
3) Develop and provide information to identify
lands which are unsuited for certain development
purposes because of flood hazards;
4) Distinguish between the land use regulations
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applied to the floodway and those applied to that
portion of the floodplain not contained within the
floodway; and,
5) Apply more restrictive land use regulations
within the floodway.
6) Reduce future expenditure of public funds by
minimizing the potential for economic loss.
CHAPTER II
GENERAL PROVISIONS
2.01. DISTRICT ESTABLISHMENT
Districts as established by this Ordinance are definedi by
the floodplains, floodways and floodway fringes as delinemte.i
in the Kalispell Flood Insurance Study. These distrdLcts
include all the areas of Special Flood Hazard identified by
the Federal Insurance and Hazard Mitigation in a scient-ffic
and engineering report entitled, "The Flood Insurance Sturdy
for Kalispell, Montana", dated March 1980, with accompanying
Flood Insurance Rate Maps and is hereby adopted by refer-L-oce
and declared to be a part of this Ordinance. These maps
shall hereafter be referred to as the official Floodpl<a;in
Maps.
2.02. JURISDICTIONAL AREA
This Ordinance shall apply to all lands within the jurisdiction
of Kalispell, State of Montana, shown on the Official Floodplain
Map as being located within the district established and
defined herein.
2.03. ESTABLISHMENT OF OFFICIAL FLOODPLAIN MAP
The Official Floodplain Map, together with all explanatory
matter thereon and attached hereto, including officially
adopted studies, maps, and profile.% of_athe floodplains--.and
floodways, are hereby adopted by reference and declared to
be a part of this Ordinance. The Official Floodplain Map
shall be on file in the Offices of the Floodplain Admini-
strators.
2.04. RULES FOR INTERPRETATION OF FLOODPLAIN DISTRICT BOUNDARIES
The boundaries of the floodplain, and boundaries of the
floodway and floodway fringe shall be determined from the
Official Floodplain Maps. Where interpretation is needed as
to the exact location of the boundaries as shown on the
Official Floodplain maps, the Floodplain Administrator shall
make the determination.
2.05. COMPLIANCE
No structure or land use shall hereafter be used, and no
structure shall be located, extended, converted, or struc-
turally altered without full compliance with the terms of
the Ordinance and other applicable regulations. These regu-
lations meet the minimum requirements as set forth in the
National Flood Insurance Program regulations (24 CFR 1909,
et. al.).
2.06. ABROGATION AND GREATER RESPONSIBILITY
It is not intended by the Ordinance to repeal, abrogate, or
impair any existing easements, covenants, deed restrictions
or underlying zoning. However, where this Ordinance imposes
greater restrictions, the provisions of this Ordinance shall
prevail. All other ordinances and resolutions inconsistent
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with this Ordinance are hereby repealed to the extent of the
inconsistency only.
2.07. INTERPRETATION
In their interpretation and application, the provisions of
this Ordinance shall be held to be minimum requirements and
shall be liberally construed in favor of the governing body
and shall not be deemed a limitation or repeal of any other
powers granted by state statutes.
2.08. WARNING AND DISCLAIMER OF LIABILITY
This Ordinance does not imply that areas outside the floodplain
boundaries or land uses permitted within such areas will
always be totally free from flooding or flood damages. Nor
shall this Ordinance create a liability on the part of, or a
cause of action against, The City of Kalispell or any officer
or employee thereof for any flood damages that may result
for reliance upon this Ordinance.
2.09. SEVERABILITY
If any section, clause, provision, or portion of this Ordinance
is adjudged unconstitutional or invalid by a court of competent
jurisdiction, the remainder of this Ordinance shall not be
affected thereby.
2.10. PROTECTION OF RESOURCES
No provision of this Ordinance shall prevent the complete
use, development, or recovery of any mineral, forest, or
agricultural resource by the owner thereof.
2.11. DISCLOSURE
All property owners in a floodplain or floodway must notify
potential buyers or their agents that such property is located
within the floodplain or floodway and is subject to regulation.
2.12. DEFINITIONS
Alteration
Any change or addition to an artificial obstruction that
either increases the size of the artificial obstruction or
increases its potential flood hazard. Maintenance of an
artificial obstruction is not an alteration. However, the
repair, reconstruction, or improvement of an artificial
obstruction, the cost of which equals or exceeds fifty (50)
per -cent of the actual cash value of the artificial obstruction
either before the improvement is started., or if the artificial
obstruction has been damaged and is being restored, before
the damage occurred, is an alteration and not maintenance.
Appeal
A request for a review of the Flood Plain Administrator's
interpretation of any provision of this Ordinance or a request
for a variance.
Area of Shallow Flooding
An area depicted as an AO Zone on the FIRM. The base flood
depths range from one (1) to three (3) feet. A clearly
defined channel does not exist; the path of flooding is
unpredictable and undeterminate; and, velocity may be evident.
Area of Special Flood Hazard
The land in the floodplain within a community subject to a
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one percent (17.) or greater chance of flooding in any given
year.
Artificial Obstruction - Development
Any obstruction which is not a natural obstruction and includes
any dam, wall, riprap, embankment, levee, dike, pile, abutment,
projection, revetment, excavation, channel rectification,
bridge, conduit, culvert, building, refuse, automobile body,
fill, or other analogous structure or matter in,_., along,
across, or projecting into any floodplain or floodway which
may impede, retard or change the direction of the flow of
water, either in itself or by catching or collecting debris
carried by the water, or that is placed where the natural
flow of the water would carry the same downstream to the
damage or detriment of either life or property.
Base Flood
The flood having a one percent (1%) chance of being equalled
or exceeded in any given year.
Channel
The geographical area within either the natural or artificial
banks of a watercourse or. drainway.
Channelization Project
The excavation and construction of an artificial channel for
the purpose of diverting the entire flow of a watercourse or
drainway from its established course.
Drainway
Any depression two (2) feet or more below the surrounding
land serving to give direction to a current of water less
than nine (9) months of the year, having a bed and well-defined
banks; provided that in the event of doubt as to whether a
depression is a watercourse or drainway, it shall be presumed
to be a watercourse.
Establish
To construct, place, insert, or excavate.
Flood or Flooding
A general and temporary condition of partial or complete
inundation of normally dry land areas from: (1) the overflow
of inland waters and/or (2) the unusual and rapid accumulation
or runoff of surface waters from any source.
Flood2lain
The areas adjoining the watercourse or drainway which would
be covered by the flood water of a flood of one hundred
(100) year frequency.
Floodway
The channel
of a river or other watercourse
and the adjacent
land areas
that must be reserved in order
to discharge the
base flood
without cumulatively increasing
the water surface
elevation more than one-half (1) foot.
Flood Fringe
That portion of the designated floodplain outside the limits
of a designated floodway.
Flood Insurance Rate Map (FIRM)
The official map on which the Federal Tnsurance Administration
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has provided flood profiles, as well as the Flood Boundary -
Floodway Map and the water surface elevation of the base
flood.
Lowest Floor Elevation
Any floor usable, or could be converted to a use, for living
purposes or storage.
Manufactured Home
A structure that is transportable in one or more sections,
built on a permanent chassis, and designed to be used with
or without a permanent foundation when connected to the
required utilities. For floodplain management purposes it
also includes park trailers, travel trailers, and other similar
vehicles placed on a site for greater than 180 consecutive
days.
Manufactured Home Park or. Subdivision
A parcel or contiguous parcels of land divided into two or
more manufactured home lots for rent or sale.
Natural Obstruction
Any rock, tree, gravel, or analogous natural matter that is
an obstruction and has been located within the floodplain or
floodway by a non -human cause.
New Construction
Structures for which the start of construction or substantial
improvement commences on or after the effective date of this
Ordinance.
Non -Conforming Use
A land use not in accordance with this Ordinance.
One Hundred (100) Year Flood
A flood magnitude expected to recur on the average of once
every one hundred (100) years, or a flood magnitude which
has a one percent (1%) chance of occurring in any given
year.
Permit Issuing Authority
City of Kalispell, State of Montana.
Responsible Political Subdivision
City of Kalispell, State of Montana.
x_iprap
Stones, rocks, concrete blocks, or analogous material that
is placed along the banks or bed of a watercourse or drainway
for the purpose of alleviating erosion.
Start of Construction
The first placement of permanent construction of a structure
on a site, such as pouring of slabs or footings or any work
beyond the state of excavation. Permanent construction of
residential structures does not include land preparation,
such as clearing, grading and filling, nor does it include
the installation of streets, and/or walkways; nor does it
include the excavation for a basement, footings, piers, or
foundation or the erection of temporary forms; nor does it
include the installation on the property of accessory buil-
dings, such as garages or sheds not occupied as dwelling
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units or not as part of the main structure. For a structure
(other than a manufactured home) without a basement or poured
footings, the start of construction includes the first
permanent framing or assembly of the structure or any part
thereof on its piling or foundation. For manufactured homes
not within a manufactured home park or subdivision, start of
construction is the completion date of construction of facil-
ities for servicing the manufactured home site. At a minimum
this includes the construction of streets, either final site
grading or the pouring of concrete pads, and the installation
Of utilities. For manufactured homes being replaced'in an
existing park or subdivision, start of construction means
placement of the home on the foundation.
S true f iirp
A walled and roofed building, a manufactured home, or a gas or
liquid storage tank, that is principally above ground.
Substantial Improvement
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50 percent of the market
value of the structure either:
(1) before the improvement or repair is started, or
(2) if the structure has been damaged and is being restored
before the damage occurred.
For the purposes of this definition 'substantial improvement'
is considered to occur when the first alteration of any
wall, ceiling, floor or other structural part of the building
commences, whether or not that alteration affects the external
dimensions of the structure. The term does not, however,
include either:
(1) any project for improvement of a structure to comply
with existing State or local health, sanitary or safety code
specifications which are solely ne-cessary to assure _:s:afe
living conditions, or
(2) any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of Historic
Places.
Varianop
A grant of relief from the requirements of this Ordinance
which permits construction in a manner that would otherwise
be prohibited by this Ordinance.
Watercourse
Any depression two (2) feet or
land serving to give direction
least nine (9) months of the year,
banks; provided that it shall,
Natural Resources, also include
which would not otherwise be
watercourse.
3.01. INTENT
more below the surrounding
to a current of water at
having a bed and well -defined
upon order of the Board of
any particular depression
within the definition of
CHAPTER III
ESTABLISHMENT OF DISTRICTS
It is the intent of this chapter to achieve the stated
purposes of this Ordinance through the establishment of
districts wherein land use is regulated in compliance with
Montana's Floodplain and Floodway Management Act, and the
National Flood Insurance Program.
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3.02.
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3.03.
For the purpose of this Ordinance, the following use districts
are.hereby established:
FP - Floodplain (Zone "A" or "AO" of the Flood Insurance
Rate Maps)
FW - Floodway (As delineated on the Floodway Maps)
FWF - Floodway Fringe (As delineated on the Floodway Maps)
BOUNDARIES
The boundaries of the districts established by this Ordinance
coincide with the delineations •for the floodplainsand
floodways. Floodplain Districts shall automatically convert
to the two district provisions of this Ordinance (Flood
Fringe District and Floodway District) upon adoption of flood -
way delineations for the Floodplain District.
3.04. FLOODPLAIN
A. USES ALLOWED WITHOUT PERMITS
All uses allowed in a floodway under Section 3.05(A) without
a permit shall also be allowed without a permit in the
floodplain for which no floodway is available.
B. USES REQUIRING PERMITS
All uses allowed within designated floodways subject to the
issuance of a permit shall also be allowed by permit within
any floodplain for which no floodway is available. Such
uses shall be subject to the conditions noted in Section
4.01 of this Ordinance. In addition, new construction of,
or substantial improvements to structures including, but not
limited to, residential, commercial, and industrial structures,
and suitable fill, may be allowed within any floodplain for
which a floodway is not available subject to the issuancL- of
a permit.
C. PROHIBITED USES
Prohibited uses within floodplains for which floodways are
not available shall be those uses, with the same exceptions,
that are prohibited within floodway fringe areas as provided
in Section 3.06(C).
3.05 FW - FLOODWAY
A. USES ALLOWED WITHOUT PERMITS
The following open space uses shall be allowed without a
permit anywhere within the floodway, provided that such uses
conform to the provisions of Section 4.06 of this Ordinance,
are not prohibited by any other_ ordinance or statute, and do
not require structures other than portable structures, fill,
or permanent storage of materials or equipment:
1) Agricultural uses: such as raising crops,
dairying, horticultural and pasture.
2) Industrial -commercial uses, such as loading
areas, parking areas, and emergency landing strips;
3) Private and public recreational uses, such as
driving ranges, archery ranges, picnic grounds,
boat launching ramps, swimming areas, parks, wildlife
management and natural areas, game farms, fish hatch-
eries, shooting preserves, target ranges, hunting
and fishing areas, and hiking and horseback riding
trails;
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4) Forestry, including processing of forest products
with portable equipment;
5} Residential uses, such as lawns, gardens, parking
areas, and play areas;
6) Irrigation and livestock supply well::, provided
that they are located at least five hundred (500)
feet from domestic water supply wells; and,
7) Fences, except permanent fences crossing
channels.
B. USES REQUIRING PERMITS
The following nonconforming uses and artificial obstructions
may be permitted within the floodway, subject to the issuance
of a permit under the conditions set forth in this Section
and Section 4.02:
1) Excavation of material from pits or pools, provided
that:
(a) A buffer strip of undisturbed land of sufficient
width to prevent flood flows from channeling into
the excavation is left between the edge of the
channel and the edge of the excavation;
(b) The excavation meets all applicable laws and
regulations of other local and state agencies; and
(c) Excavated material is stockpiled outside the
floodway.
2) Railroad, highway, and street stream crossings, provided
that the crossings are designed to offer minimal obstructions
to the flood flow.
3) Limited filling for highway, street, and railroad embank-
ments not associated With stream crossings, provided that:.
(a) Reasonable alternative transportation routes
outside the floodway are not available; and,
(b) Such floodway encroachment is located as far
from the stream channel as possible.
4) Buried or suspended utility transmission lines, provided
that:
(a) Suspended utility transmission lines are
designed such that the lowest point of the suspended
line is at least twelve (12) feet higher than the
elevation of the flood of one -hundred year frequency.
(b) Towers and other appurtenant structures are
designed and placed to withstand and offer minimal
obstruction to flood flows; and
(c) Utility transmission lines carrying toxic or
flammable materials are buried to a depth at least
twice the calculated maximum depth of scour for a
flood of one -hundred (100) year frequency. The
maximum depth of scour may be determined from any
of the accented hydraulic engineering methods, but
the final calculated figure shall be subject to
approval.
5) Storage of materials and equipment, provided that:
(a) The material or equipment is not subject to
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major damage by flooding and is properly anchored
at all times to prevent flotation or downstream
movement; or,
(b) The material or equipment is readily removable
within the limited time available after flood
warning. Storage of flammable, toxic, or explosive
materials shall not be permitted.
6) Domestic water supply wells, provided that:
(a) They are driven or drilled wells located on
ground higher than surrounding ground to assure
positive drainage from the well;
(b) Well casings are water tight to a distance of
at least twenty-five (25) feet below the ground
surface;
(c) Water supply and electrical lines have a
watertight seal where_ the lines enter the casings;
(d) All pumps and electrical lines and equipment
are either of the submersible type or are adequately
flood proofed; and,
(e) Check valves are installed on main water
lines at wells and at all building entry locations.
7) Buried and sealed vaults for sewage disposal in recreational
areas, provided that they meet applicable laws and standards
administered by the Department of Health and Environmental
Sciences and the Kalispell City -County Health Department.
8) Public or private campgrounds provided that:
(a) Access roads require only limited fill and do
not obstruct or divert flood waters; and,
(b) No dwellings or permanent manufactured homes
are allowed (camp trailers, travel trailers, and
park trailers without wheels or towing vehicle, or
that have been in place more than 180 consecutive
days are considered permanent manufactured homes).
9) Structures accessory to the uses permitted in this sub-
section such as boat dock, marinas, sheds, permanent fences
crossing channels, picnic shelters and tables, and toilets,
provided that:
(a) The structures are not intended for human
habitation;
(b) The structures will have a low flood damage
potential;
(c) The structures will, insofar as possible, be
located on ground higher than the surrounding ground
and as far from the channel as possible;
(d) The structures will be constructed in accordance
with Section 4.03(A)(4) and placed so as to offer
a minimal obstruction to flood flows;
(e) The structures will be firmly anchored to
prevent flotation; and,
(f) Service facilities within these structures,
such as electrical, heating, and plumbing facilities,
are flood proofed in accordance with Section 4.06
of this Ordinance.
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10) Golf Courses.
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11) All other nonconforming uses, artificial obstructions
or alterations not specifically listed in or prohibited by
this Ordinance.
C. PROHIBITED USES
The following artificial obstructions and nonconforming uses
are prohibited within the floodway:
1) New construction of or substantial improvements to a
building for living purposes or place of assembly or permanent
use by human beings;
2) A structure or excavation (except as allowed under Section
3.04(B)(5) and (9) of this Ordinance) that will cause water
to be diverted from the established floodway, cause erosion,
obstruct the natural flow of water, or reduce the carrying
capacity of the floodway.
3) The new construction, substantial improvement, or permanent
storage of an object (except as allowed under Section 3.05(B) (5)
and (9) of this Ordinance) subject to flotation or movement
during flood level periods;
4) New Construction, replacement, and substantial improvements
of manufactured homes.
5) Solid waste disposal, soil absorption sewage systems and
water distribution systems, except as allowed or approved
under the laws and standards administered by the Department
of Health and Environmental Sciences.
6) Storage of highly toxic, flammable, explosive materials,
or. storage of petroleum products is prohibited.
3.06. FWF - FLOODWAY FRINGE
A. USES ALLOWED WITHOUT PERMITS e ._
All uses allowed in the floodway without a permit under
Section 3.05(A) of this Ordinance shall also be allowed
without a permit in the flood fringe.
B. USES RE UTRTNG PERMITS
All uses allowed in the floodway subject to the issuance of
a permit under Section 3.05(B) of this Ordinance shall also
be allowed by permit within the designated flood fringe. In
addition, structures including but not limited to residential,
commercial, and industrial structures, and suitable fill,
shall be allowed by permit within the flood fringe subject
to the provisions of Section 4.03 of this Ordinance.
C. PROHIBITED USES
The following artificial obstructions and nonconforming uses
are prohibited within the flood fringe:
1) Individual solid waste disposal, water distribution
systems and soil absorption sewage systems, except as allowed
or approved under laws and standards administered by the
Department of Health and Environmental Sciences. Solid waste
disposed and/or soil absorption sewage systems that are
approved and allowed under laws or standards of the Department
of Health and Environmental Sciences may be allowed as uses
by permit provided the applicant furnished to the Floodplain
Administrator a written notice from a responsible official
of the Kalispell City -County Health Department that such
solid waste disposal and/or soil absorption sewage system
would not create a health, safety, or pollution problem
during flood level periods, and,
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2) Storage of highly toxic, flammable, or explosive
materials. Storage of petroleum products may be allowed by
permit if buried in tightly sealed and constrained containers
or if stored on compacted fill at least two (2) feet above
the elevation of the flood of one hundred (100) year frequency.
CHAPTER TV
PERMIT REQUIREMENTS
4.01. FLOODPLAIN PERMITS
A. The following conditions, insofar as each is applicable,
shall be attached to each floodplain permit:
1) If the elevation of the flood on one -hundred (100)
year frequency is available, the new construction or sub-
stantial improvements to residential structures must be built
on compacted fill as specified in Section 4.03 A (3) of this
Ordinance. If such elevation is not available, the highest
known historical flood elevation may be used to establish
fill heights. If the development contains fifty (50) lots
of five (5) acres, whichever is less, the procedures in
Appendix "A" shall be followed.
2) If the elevation of the flood on one -hundred' (100)
year frequency is available, the new construction or sub-
stantial improvements to commercial and industrial structures
must meet the flood proofing requirements set forth in Section
4.03 A (4) of this Ordinance. If such elevation is not
available, the highest known historical flood elevation may
be used to establish flood proofing heights. If the development
contains fifty (50) lots or five (5) acres, whichever is
less, the procedures in Appendix "A" shall be followed.
3) Manufactured homes must be elevated on suitable com-
pacted fill so that the lowest floor of the manufactured
home will be two feet above the 100-year flood elevation.
This includes new construction, substantial improvement, alter-
ation, or replacement of manufactured -homes within an exist -Inc,
manufactured home park or subdivision and manufactured homes
on individual sites. The manufactured home must be anchored
to resist flotation, collapse, or lateral movement. Methods
of anchoring may include, but are not limited to, use of
over. -the -top or frame ties to ground anchors;
4) Manufactured homes proposed for use as a commercial
or industrial structure must be anchored and elevated, rather
than flood -proofed;
5) All new construction and substantial improvements
(including the placement of prefabricated buildings) shall
(i) be designed (or modified) and adequately anchored to
prevent flotation, collapse, or lateral movement of the struc-
ture, (ii) be constructed with materials and utility equipment
resistant to flood damage, and (iii) be constructed by methods
and practices that minimize flood damage; and,
6) Sanitary sewage and solid waste disposal systems
must be approved under laws and standards administered by
the Department of Health and Environmental Sciences prior to
any approval given under this Ordinance.
B. Where a proposed development within such floodplain may
significantly increase flood velocities or depths, the permit
issuing authority may require a permit applicant to furnish
additional hydraulic and survey information before acting
upon the permit application. This information may include,
but not be limited to, any of the following:
1) Valley cross sections of the watercourse and_adjoining
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floodplain;
2) Certification by a qualified professional eng.fneer
that floodproofing measures are reasonably adequate to prrote,ct
against major flood damages; or,
3) A hydrologic study documenting probable effe-ct on
upstream or downstream property owners.
C. Permits for floodplain developments may be modified or
denied if the additional information shows that proposals
would increase flood damages to other properties or -mould
cause a threat to the health or safety of its occupants;..
D. Areas of shallow flooding
1) New construction and substantial improvements of any
residential structure located in Areas of Shallow Flooding
Zone as specified in the FIRM shall have the lowest floor
(including basement) elevated above the crown of the nea-rest
street to or above the elevation specified in the FIRM,
whichever is higher.
2) New construction and substantial improvements of any
non-residential structure located in Areas of Shallow Flooding
Zone as specified in the FIRM shall have the lowest floor
(including basement) elevated above the crown of the nearest
street to or above the depth number specified in the FIRM,
or together with attendant utility and sanitary facilities
shall:
(a) be floodproofed so that below the base flood
level, the structure is watertight with wells sub-
stantially impermentable. to the passage of water,
(b) have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of
buoyance, and
(c) be certified by a registered professional engi-
neer that the standards of this sub -section are
satisfied. Such certifications shall be verified,
recorded and maintained for public inspection.
4.02. FLOODWAY PERMITS
A. As provided in the Montana Water Use Act of 1973,
Section 85-2-301 MCA, all new surface water diversions and
changes in place of diversion after July 1, 1973, require
permits or approval, respectively from the Department of
Natural Resources and Conservation. Within floodways, the
Department of Natural Resources and Conservation shall review
each proposed diversion of change in place of diversion to
determine if flood flows may be affected. If it appears
that a proposed diversion or change in place of diversion
may significantly affect flood flows, the Department of Natural
Resources and Conservation may require the applicant to provide
additional information and to apply for a permit with the
Floodplain Administrator under the Floodway Management and
Regulation Act. A permit under the Floodway Management and
Regulation Act shall not be granted if, in the judgment of
the Floodplain Administrator:
1) The proposed diversion will increase the upstream
elevation of the one -hundred (100) year flood;
2) The proposed diversion is not designed and constructed
to minimize potential erosion from flooding of a flood on
one -hundred (100) year frequency; and,
3) Any permanent diversion structure crossing the full
width of the stream channel is not designed and constructed
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to safely withstand up to a flood of one -hundred (100) year
frequency.
B. New artificial obstructions, nonconforming uses, encroach-
ments, including fill, new construction, substantial
improvements and any other development which increase the
elevation of the flood of one -hundred (100) year frequency
or which increase flood velocities are prohibited.
4.03. FLOODWAY FRINGE PERMTTS
A. Uses allowed by permit within the floodway fringe are
subject to the following
conditions:
1) Such structures or fill must not be prohibited by
any other statute, regulation, ordinance, or resolution;
2) Such structures or fill must be compatible with
local
comprehensive plans, if any;
3) The new construction, alterations, and substantial
improvements of residential structures including manufactured
homes must be constructed on suitable fill such that the
lowest floor elevation (including basement) is two feet or
more above the elevation of the 100-year flood. The suitable
fill shall be at an elevation no lower than the elevation of
the 100-year flood and shall extend for at least fifteen
feet, at that elevation, beyond the structure(s) in all
directions. The responsible political subdivision shall notify
the Department of Natural Resources and Conservation and
receive its approval prior to approving any lesser fill or
alternative flood proofing for adequate drainage and access
for a hauler;
4) The new construction, alteration, and substantial
improvement of commercial and industrial structures can be
constructed on suita le fill as specified in Section 5.03-B.3
of these Regulations. If not constructed on fill, commercial
and industrial structures must be adequately flood -proofed
to an elevation no lower than two feet above the elevation
of the 100-year flood. Flood -proofing must be certified by
a registered professional engineer or architect that the
flood -proofing methods are adequate to withstand the flood
depths, hydrodynamic and hydrostatic pressures, velocities,
impact, buoyancy, and uplift forces associated with the 100-
year flood;
a. if the structure is designed to allow internal
flooding of the lowest floor, use of the lowest
floor shall be limited to parking, loading areas,
and storage of equipment or materials not appreciably
affected by flood waters. The floors and walls
shall be designed and constructed of materials resis-
tant to flooding to an elevation no lower than two
feet above the 100-year flood elevation. Walls
shall be designed to equalize hydrostatic forces
by allowing for. entry and exit of floodwaters.
Openings may be equipped with screens, louvres,
valves, other coverings, or devices which permit
the automatic entry and exit of floodwaters.
b. structures whose lowest floors are used for a
purpose other than parking, loading, or storage of
materials resistant to flooding shall be waterproofed
to an elevation no lower than two feet above the
100-year flood elevation. Waterproofing shall
include impermeable membranes or materials forfloors
and walls and watertight enclosures for all windows,
doors, and other openings. These structures shall
be designed to withstand the hydrostatic, hydrody-
namic, and buoyancy effects of a 100-year flood.
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c. flood -proofing shall also be accomplished in
accordance with Chapter VTT of these Regulations.
5} All new construction and substantial improvements
(including the placement of prefabricated buildings and manufact.r d
homes) shall M be designed (or modified) and adequately
anchored to prevent flotation, collapse, or lateral movement
of the structure; (ii) be constructed with materials and
utility equipment resistant to flood damage, and (iii) be
constructed by methods and practices that minimize flood
damage; and,
b) Roads, streets, highways, lines
and rail shall be
designed to minimize increases in flood heights. Where
failure or interruption of transportation facilities would
result in danger to the public health or safety, the facility
shall be located two (2) feet above the elevation of the
flood of one -hundred (100) year frequency.
7) Public or private structures and facilities for liquid
or solid waste treatment and disposal must be flood proofed
to insure that no pollutants enter flood waters. These
facilities must be reviewed and approved under laws and
standards administered by the Department of Health and Environ-
mental Sciences and the Kalispell City -County Health Department
prior to any approval given by the Flood Plain Administrator;
and
8) Agricultural structures that have a low flood damage
potential, such as sheds, barns shelters, and hay and grain
storage structures, must meet the requirements of Section
4.03 (A) (4) of this Ordinance.
4.04. FLOOD CONTROL WORK PERMITS
Since structural flood control works often significantly
obstruct and affect floodway flow capacity, the following
flood control measures may be allowed within designated flood -
ways subject to the issuance of a permit and the conditions
set forth in this Sectl_nn.
A. 1) The proposed levees and flood walls are designed
and constructed to safely convey a flood of one -hundred
(100) year frequency;
2) The cumulative effect of the levees and flood walls
combined with allowable flood fringe encroachments does not
increase the unobstructed elevation of a flood of one -hundred
(100) year frequency. The Flood Plain Administrator may
establish either a lower or higher permissible increase in
the elevation of the flood of one -hundred (100) year frequency
for individual levy projects, with the concurrence of the
Department of Natural Resources and Conservation and the
Federal Insurance Administration based upon the following
criteria:
(a) The estimated cumulative effect of other reason-
able anticipated future permissible uses; and,
(b) The type and amount of existing flood prone
development in the affected area.
B. Riprap, except that which is hand placed, if:
1) The riprap is designed to withstand a flood of one -
hundred (100) year frequency;
2) The riprap does not increase the elevation of the
flood of one -hundred (100) year frequency; and,
3) The riprap will not increase erosion upstream, down-
stream, or across stream from the riprap site.
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435
C. Channelization projects if they do not significantly
increase the magnitude, velocity, or elevation of the flood
on one -hundred (100) year frequency downstream from such
projects.
D. Dams, provided that:
1) They are designed and constructed in accordance with
approved safety standards; and,
2) They will not increase flood hazards downstream either
through operational procedures or improper hydrologic design.
4.05. ADDITIONAL FACTORS
Permits shall be granted or denied by the Flood Plain Admini-
strator on the basis of whether the proposed establishment
or alteration of an artificial obstruction or nonconforming
use meets the requirements of this Ordinance. Additional
factors that shall be considered for every permit application
are :
1) The danger to life and property due to increased
flood heights or velocities caused by encroachments;
2) The danger that materials may be swept onto other
lands or downstream to the injury of others;
3) The proposed water supply and sanitation systems and
the ability of these systems to prevent disease, contamination
and unsanitary conditions;
4) The susceptibility of the proposed facility and its
contents to flood damage and the effects of such damage on
the individual owner;
5) The importance of the services provided by the proposed
facility
to the community;
6) The requirements of the facility for a water front
location;
7) The availability of alternative locations not subject
to flooding for the proposed use;
S) The compatibility of the proposed use with existing
development and development anticipated in the foreseeable
future;
9) The relationship of the proposed use to the comprehensive
plan and floodplain management program for the area;
10) The safety of access to the property in times of
flood for ordinary and emergency service; and
11 ) Such other factors as are in harmony with the purposes
of this Ordinance and the Montana Floodplain and Floodway
Management Act, and the National Flood Insurance Program.
4.06. FLOOD PROOFING REQUIREMENTS
If the following flood proofing requirements be
are to utilized
for a particular structure in accordance with this Ordinance,
the methods used must be certified as adequate by a registered
professional engineer or architect:
A. All electrical service materials, equipment, and install-
ation for uses permitted with or without a permit in a
floodplain or 'floodway shall conform to the following
conditions:
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1) All incoming power service equipment, including all
metering equipment, control. centers, transformers, distri-
bution and lighting panels, and all other stationary equipment
must be located at least two (2) feet above the elevation of
the flood on one -hundred (100) year frequency;
2) Portable and movable electrical equipment may be
placed below the elevation of the flood of one -hundred (100)
year frequency, provided that the equipment can be disconnected
by a single plug -and -socket assembly of the submersible type;
3) Electric heating systems must be installed in accordance
with subparagraph "A" of this section.
C. Plumbing systems for allowed and permitted floodplain
and floodway uses shall conform to -the following conditions:
1) Sewer lines, except those to be buried and those in
sealed vaults, must have check valves installed to prevent
sewage backup into permitted structures; and,
2) All toilets, stools, sinks, urinals, and drains must
be located such that the lowest point of possible water
entry is at least two (2) feet above the elevation of the
flood of one -hundred (100) year frequency.
4.07. EMERGENCY WAIVER
A. Emergency repair to and/or replacement of severely damaged
public transportation facilities, public water and sewerfacil-
ities, and flood control works may be authorized and permit
requirements waived if:
1) Upon notification and prior to the emergency repair
and/or replacement, the Floodplain Administrator determines
that an emergency condition warranting immediate action exists;
and,
2) The Floodplain Administrator agrees upon the nature
and type of proposed emergency repair and/or replacement;,--
B. Authorization to undertake emergency repair and/or replace-
ment work may be given verbally if the Floodplain Administrator
feels that a written authorization would unduly delay the
emergency works. Such verbal authorization must be followed
by a written authorization stating the emergency condition,
the type of emergency work agreed upon, and a notation that
a verbal authorization had been previously given.
CHAPTER V
ADMINISTRATION
5.01. ADMINISTRATOR
A. The Building Official of the City or his designated
representative is hereby designated as the "Floodplain Adminis-
trator" for Kalispell, State of Montana, and has the responsi-
bility of such position as outlined in this Ordinance.
B. The Floodplain Administrator is hereby appointed with
the authority to review permit applications and proposed
uses or construction to determine compliance with this Ordi-
nance, and is required to assure that all necessary permits
have been received from those governmental agencies from
which approval is required by Federal and State law and
local codes, including Section 404 of the Federal Water
Pollution Control Act of 1972, 33 U.S.C. 1334.
C. The Floodplain Administrator shall adopt such procedures
as may be necessary to efficiently administer the 'provisions
of this Ordinance.
D. The Floodplain Administrator charged with the adminis-
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454
tration of this Ordinance shall maintain such files and
records as may be necessary to document nonconforming uses,
flood elevations, fee receipts, the issuance of permits,
agendas, minutes, records of public hearings, and any other
matter relating to floodplain management in Kalispell. Such
files and records shall be open for public inspection. In
matters of litigation, the Kalispell City Attorney may restrict
access to specific records.
E. Copies of all permits granted must be sent... to the
Department of Natural Resources and Conservation.
F. Notification by the Floodplain Administrator must be
made, in riverine situations, to adjacent communities and
the Floodplain Management Section (MDNR & C) prior to any
alteration or relocation of a watercourse, and copies submitted
of such notification to the Federal Insurance Administration.
G. Assure that the flood carrying capacity within the altered
or relocated portion of any watercourse is maintained.
5.02. PERMIT APPLICATIONS
A. Activities or uses which require the issuance of a
permit, including the expansion or alteration of such uses,
shall not be initiated, established or undertaken until a
permit has been issued by the Floodplain Administrator.
B. Permit applicants may be required to furnish such of the
following as is deemed necessary for determining the suita-
bility of the particular site for the proposed use:
1) Plans in duplicate drawn to scale with dimensions
shown, showing the nature, location, dimensions, and elevation
of the lot, the existing and proposed structures, fill,
storage of materials, flood proofing measures, and the relation
of the above to the location of the channel;
2) A .surface view plan showing elevations or contours
of the existing ground ;_ pertinent structure, fill, or storage
elevations; size, location and spatial arrangement of all
proposed and existing structures on the site, location and
elevations of streets, water supply sanitary facilities; and,
if available, dated photographs showing existing land uses
and channel conditions upstream and downstream; and,
3) Specifications for flood proofing, filling, excavating,
grading, riprapping, storage of materials, water supply, and
sanitary facilities.
C. In addition to the information specified in sub -paragraph
B above, the following information is -required for certain
proposed uses when the proposal encroaches a designated Flood -
plain where floodways are not available:
1) A minimum of four (4) surveyed river valley cross -
sections given in Appendix "A", Field Survey instructions
for Flood Hazard Evaluations;
2) A surveyed water surface profile as per instructions
given in Appendix "A", Field Survey Instructions for Flood
Hazard Evaluations; and
.3) Certification by a registered professional engineer
or architect that flood proofing measures are adequate to
protect against major flood damages; or a hydrological study
documenting probable effect on upstream or downstream property
owners.
D. Applicants who have received permits are required to
furnish the following, at the time of an on -site conformance
inspection, for determining that the permit conditions and
specifications have been complied with:
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1) Certification by a registered professional engineer
or architect the actual elevation (in relation to mean sea
level) of the lowest habitable floor (including basement) of
all new or substantially improved structures and whether or
not the structure contains a basement; and,
2) Certification by a registered professional engineer
or architect the actual elevation (in relation to mean sea
level) of the certified floodproofing of all new or substan-
tially improved floodproofed structures.
5.03. PERMIT REVIEW EXPIRATION DATE
A permit application is considered to have been automatically
granted sixty (60) days after receipt of the application,
except where:
1) The Floodplain Administrator notifies the applicant
before the sixtieth (60th) day that the permit is denied, or
conditionally approved;
2) The Floodplain Administration notified the applicant
that additional hydraulic and survey information is required
before acting upon the permit application; and,
3) The permit requires State endorsement as in the case
of surface water diversions, variances from approved standards,
etc.
5.04. REVIEW -VARIANCE -APPEALS
A. There is hereby created a Kalispell Flood Hazard Board
of Adjustment, the membership administration and rules of
procedure of which are identical to and the same as the
Kalispell Zoning Board of Adjustment.
B. The Kalispell City Council may, by variance, grant a
permit that is not in compliance with the minimum standards
contained in this Ordinance according to the following
procedures: a
1) Variances shall not be issued for areas within any
designated floodway if any increase in flood levels during
the base flood discharge would result;
2) Variances shall only be issued upon (i) a showing of
good and sufficient cause, (ii) a determination that failure
to grant the variance would result in exceptional hardship
to the applicant, (iii) a determination that the granting of
a variance will not result in increased flood heights, addi-
tional threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of the
public, or conflict with existing State laws or local reso-
lutions, (iv) a determination that the proposed use would be
adequately floodproofed, (v) a determination that a reasonable
alternative location outside the floodplain is not available,
(vi) a determination that the variance requested is the
minimum necessary, considering the flood hazard, to afford
relief, and
3) Variances shall be issued in writing from the Kalispell
City Council and shall notify the applicant that (i) the
specific variance that is granted, along with any conditions
attached, thereon; (ii) the issuance of a variance to construct
a structure below the base flood will result in increased
premium rates for flood insurance up to amounts as high as
$25 for $100 of insurance coverage; and (iii) such construction
below the base flood level increases risks to life and property.
The Floodplain Administrator shall maintain the records of
variance notification, variance actions, including justifi-
cation for their issuance.
C. The Kalispell Flood Hazard Board of Adjustments may, by
variance, grant a permit for the establishment of alteration
of an artificial obstruction or nonconforming use that is
not in compliance with the minimum standards contained in
this Ordinance only if:
1) The proposed use would not increase flood heights or
flood hazard either upstream or downstream;
2) Refusal of a permit would, because of exceptional
circumstances, cause a unique or undue hardship on the applicant
or community involved.
3) The proposed use is adequately flood proofed;
4) Reasonable alternative location outside the designated
floodplain are not available.
D. Appeals from any decision of the Kalispell City. Council
or its officers or agencies including the Kalispell Flood
Hazard Board of Adjustments may be taken by an aggrieved
person or persons, jointly or separately aggrieved to a
court of record.
5.05. FEES
A processing fee of twenty-five dollars ($25.00) shall be
submitted with each permit application.
CHAPTER VI
ENFORCEMENT
6.01. VIOLATION NOTICE
The Floodplain Administrator shall bring any violation of
this Ordinance to the attention of the Kalispell City Council
and the Kalispell City Attorney.
6.02. COMPLIANCE
Use permits issued on the basis of approved plans and appli-
cations authorized only the use, arrangement, and construction
set forth in such approved plans and application, and no
other use, arrangement, or construction. Any use, arrangement,
or construction not in compliance with that authorized shall
be deemed a violation of this Ordinance, and punishable as
provided in Section 6.03. An applicant may be required to
submit certification by a registered professional engineer
or architect, or other qualified person designated by the
Floodplain Administrator that finished fill and building floor
elevations, flood proofing, or other flood protection measures
were accomplished in compliance with this Ordinance.
6.03. PENALTIES
Violation of the provisions of this Ordinance or failure to
comply with any of the requirements (including violations of
conditions and safe -guards established in connection with
variances), shall consitute a misdemeanor. Any person who
knowingly, purposely or negligently violates this Ordinance
or fails to comply with any of its requirements or conditions
of a variance granted hereunder shall, upon conviction thereof,
be punished according to Section 1-9, Kalispell City Code.
Each day such violation continues shall be considered a
separate offense. Nothing herein contained shall prevent
the City of Kalispell from taking such other lawful action
as is necessary to prevent or remedy any violation.
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1
APPENDIX "A"
FTELD SURVEY INSTRUCTIONS FOR FLOOD HAZARD EVALUATIONS
In evaluating a proposed use within a floodplain for which no elevations
have been designated, the Floodplain Administrator may require the
applicant to submit the following:
A. Cross Sections. A minimum of four surveyed valley cross sections
by a registered land surveyor or professional engineer according to
the following field survey instructions:
1) The surveys required are cross sections of stream channels
and the floodplain on both banks.
2) One cross section shall be taken of the stream where it
enters the site.
3) Three cross sections shall be taken downstream from the
site, each approximately 1,000 feet apart. In no case,
however, should the fall in water surface elevation between
two sections exceed 5.0 feet. Cross sections should also be
taken at all bridge locations in the reach. The cross
section farthest downstream should be located at a natural
constriction or at a bridge crossing. Cross sections shall
be taken at any bridge location between the site and lowest
cross section. All bridges in the reach should be described
and sketched showing unobstructed waterway openings and eleva-
tions.
4) Distances between cross sections are to be determined by
stadia, and these distances and locations of cross sections
shall be shown on the location map.
5) The overbank cross sections are to be extended to obtain
a vertical rise of fifteen (15) feet above the water surface.
6) If a U. S. Geological Survey river gauging station is
within the reach of the stream under study, the elevation of
any convenient foot maxi shall be surveyed and clearly indicated
on the location map.
7) Elevations of the water surface determined by survey as
part of each valley cross section.
8) Cross sections should be plotted on ten divisions to the
inch cross section paper, using any convenient, identified
scale for vertical and horizontal distance.
9) The elevation of any known high water mark shall be
identified and included in the survey.
B. Profile. A profile shall be prepared by a registered land
surveyor or professional engineer on cross section paper of ten divisions
to the inch, showing the observed water surface profile, location of
cross sections, site boundaries, riverbank profile, and thalweg (lowest
point of the channel bottom along the reach of stream).
C. Reference. All surveyed elevations shall be tied to mean sea
level datum and the benchmark used shall be in elevation Reference
Mark noted on FIRM.
D. The Department of Natural Resources and Conservation will utilize
this information to determine 100-year frequency water surface
elevations.
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SECTION II. This Ordinance is effective thirty (30) days after final
passage and adoption hereof.
FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AND APPROVED BY THE MAYOR THIS 15th DAY OF June 1967.
f
,! hn "Ed" Kennedy Im. , Mayor
ATTEST:
City Clerk-Teasurer
1
I, Dori Halver,
City Clerk
of the City
of Kalispell, Montana, do certify that
on the
_day of
,
19l, I posted a copy of the
foregoing ordinance in
my office,
and the same remained posted until the
second reading
on the
day of
, 19 , and the
foregoing is a
true and correct copy
of the ordinance as passed by the City
Council.
City Clerk of the City of Kalispell, Mon Na
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FA