[R.O. 2008 § 415.170; R.O. 2007 § 415.170; Ord. No. 4974 § 1, 3-30-2006; Ord. No. 6206 § 15, 4-28-2016]
A. 
In all areas of special flood hazards (Zones A, AE,) or areas that have had fill placed to remove it from the special flood hazard area, the following provisions are required:
1. 
No permit for floodplain development shall be granted for new construction, substantial-improvements, and other improvements, including the placement of manufactured homes, within any numbered or unnumbered A Zones and AE Zones, unless the conditions of this Section are satisfied.
2. 
All new construction, including manufactured homes and substantial improvements, shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
3. 
All new construction and substantial improvements shall be constructed with materials resistant to flood damage.
4. 
All new construction and substantial improvements shall have adequate drainage provided and shall be constructed by methods and practices that minimize flood damage.
5. 
All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
6. 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
7. 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharged from the systems into floodwaters.
8. 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
9. 
The storage or processing of materials that are in time of flooding buoyant, flammable, and explosive or could be injurious to human, animal or plant life is prohibited.
10. 
Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.
11. 
Until a floodway has been designated, no development, including landfill, may be permitted within Zones A and AE on the City's FIRM unless the applicant for the land use has demonstrated that the proposed use, when combined with all other existing and reasonable anticipated uses, will not increase the water surface elevation of the one-hundred-year flood as shown on the Flood Insurance Rate Study incorporated by reference, Article III, Section 415.070.
12. 
All areas identified as unnumbered A Zones on the FIRM are subject to inundation of the 100-year flood; however, the base flood elevation is not provided. Development within unnumbered A Zones is subject to all provisions of this Chapter. If Flood Insurance Study data is not available, the developer shall supply the community with and the community shall review and reasonably utilize any base flood elevation or floodway data currently available from Federal, State, or other sources.
13. 
All proposals for development, including proposals for manufactured home parks and subdivisions [if the development is five (5) acres or more, or fifty (50) lots or more] must depict the base flood elevation data on the plan.
B. 
Hazardous Materials.
1. 
All hazardous material storage and handling sites shall be located out of the floodplain.
C. 
Cumulative Improvement. A structure may be improved (remodeled or enlarged) without conforming to current requirements for elevation so long as the cumulative value of all work done within the last five calendar years does not exceed fifty percent (50%) of the structure's current market value. If the cumulative value of the improvement exceeds fifty percent (50%) of the structure's current market value, the structure must be brought into compliance with Article V, Section 415.190 which requires elevation of residential structures to or above the base flood elevation or the elevation/flood proofing of non-residential structures to or above the base flood elevation.
D. 
Non-Conforming Use. A structure, or the use of a structure or premises that was lawful before the passage or amendment of the ordinance, but which is not in conformity with the provisions of this ordinance, may be continued subject to the following conditions:
1. 
If such structure, use, or utility service is discontinued for twelve (12) consecutive months, any future use of the building shall conform to this ordinance.
2. 
If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty percent (50%) of the pre-damaged market value of the structure. This limitation does not include the cost of any alteration to comply with existing State or local health, sanitary, building, safety codes, regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination.
E. 
Critical Facilities.
1. 
All new or substantially improved critical nonresidential facilities including, but not limited, to governmental buildings, police stations, fire stations, hospitals, orphanages, penal institutions, communication centers, water and sewer pumping stations, water and sewer treatment facilities, transportation maintenance facilities, places of public assembly, emergency aviation facilities, and schools shall be elevated above the 500-year flood level or together with attendant utility and sanitary facilities, be flood proofed so that below the 500-year flood level the structure is water tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in the National Flood Insurance Program (NFIP) regulations.
2. 
All critical facilities shall have access routes that are above the elevation of the 500-year flood.
[R.O. 2008 § 415.180; R.O. 2007 § 415.180; Ord. No. 4974 § 1, 3-30-2006]
A. 
All subdivision proposals and other proposed new developments, including manufactured home parks or subdivisions, shall be consistent with the need to minimize flood damage.
B. 
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
C. 
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.
D. 
Base flood elevation data shall be provided for subdivision proposals and other proposed development including proposals for manufactured home parks and subdivisions.
[R.O. 2008 § 415.190; R.O. 2007 § 415.190; Ord. No. 4974 § 1, 3-30-2006; Ord. No. 6206 § 16, 4-28-2016]
A. 
In all areas of special flood hazards where base flood elevation data has been provided as set forth in Article III, Section 415.070 or Article IV, Section 415.140(A)(8) (Zones A and AE) or areas that have had fill placed to remove it from the special flood hazard area, the following provisions are required:
1. 
Residential Construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to two (2) feet or more above the base flood elevation.
2. 
Non-Residential Construction. New construction or substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to two (2) feet or more above the base flood elevation or, together with attendant utility and sanitary facilities, be flood proofed so that below such a level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in Section 415.140(A)(7).
3. 
Requirements For All New Construction And Substantial Improvements. Fully enclosed areas below the lowest floor used solely for parking of vehicles, building access, or storage in an area other than a basement, that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding be provided; and the bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater.
4. 
Manufactured Homes.
a. 
All manufactured homes to be placed within all unnumbered and numbered A zones and AE zones, on the community's FIRM shall be required to be installed using methods and practices that minimize flood damage. For the purpose of this requirement, manufactured homes shall be elevated and anchored to resist flotation, collapse or lateral movement. Manufactured homes must be anchored in accordance with State and local building codes and FEMA guidelines. In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or equivalent) shall be met:
(1) 
Over-the-top ties be provided at each of the four (4) corners of the manufactured home with two (2) additional ties per side at intermediate locations and manufactured homes less than fifty (50) feet long requiring one (1) additional tie per side;
(2) 
Frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points and manufactured homes less than fifty (50) feet long requiring four (4) additional ties per side;
(3) 
All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and
(4) 
Any addition to the manufactured home is similarly anchored.
b. 
All manufactured homes that are placed or substantially improved within Zones A and AE on the community's FIRM, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is two (2) feet or more above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of this Section.
5. 
Recreational Vehicles. Recreational vehicles placed on sites within all unnumbered and numbered A Zones, and AE Zones on the community's FIRM shall either:
a. 
Be on the site for fewer than one hundred eighty (180) consecutive days; or
b. 
Be fully licensed and ready for highway use*; or
c. 
Meet the permitting, elevating and the anchoring requirements for manufactured homes of this Section.
*
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.
[R.O. 2008 § 415.200; R.O. 2007 § 415.200; Ord. No. 4974 § 1, 3-30-2006; Ord. No. 6206 § 17, 4-28-2016]
A. 
Located within areas of special flood hazard established in Article III, Section 415.070 are areas designated as floodways that are adopted based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of the one percent (1%) chance of flood in any given year. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provision shall apply:
1. 
Prohibit encroachments, including fill, new construction, substantial improvements and other developments unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge.
2. 
If Subsection (A)(1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article V.
3. 
In Zone A where base flood elevations have not been determined, obtain, review and reasonably utilize any floodway data available through Federal, State or other sources or Article V, Section 415.170(A)(12) of this Chapter in meeting the standards of this Section. Provide a study establishing the limits of the ten-, fifty-, one-hundred and five-hundred-year flood elevations and limits of flood waters at those elevations.
[1]
Editor’s Note: Former Section 415.210, Areas of Shallow Flooding (AO and AH Zones), enacted 3-30-2006 by § 1 of Ord. No. 4974, was repealed 4-28-2016 by § 18 of Ord. No. 6206.