[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.