[R.O. 1996 § 415.050; Ord. No. 2393 § 1, 11-28-2016]
A. General Standards.
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 Subsection are satisfied.
2.
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 community shall obtain,
review, and reasonably utilize any base flood elevation or floodway
data currently available from Federal, State, or other sources.
3.
Until a floodway is designated, no
new construction, substantial improvements, or other development,
including fill, shall be permitted within any numbered A Zone or AE
Zone on the FIRM, unless it is demonstrated that the cumulative effect
of the proposed development, when combined with all other existing
and anticipated development, will not increase the water surface elevation
of the base flood more than one (1) foot at any point within the community.
4.
All new construction, subdivision
proposals, substantial improvements, prefabricated structures, placement
of manufactured homes, and other developments shall require:
a.
Design or adequate anchorage to prevent
flotation, collapse, or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads, including the effects of
buoyancy;
b.
Construction with materials resistant
to flood damage;
c.
Utilization of methods and practices
that minimize flood damages;
d.
All electrical, heating, ventilation,
plumbing, air-conditioning equipment, and other service facilities
be designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding;
e.
New or replacement water supply systems
and/or sanitary sewage systems be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharges from the
systems into floodwaters, and on-site waste disposal systems be located
so as to avoid impairment or contamination; and
f.
Subdivision proposals and other proposed
new development, including manufactured home parks or subdivisions,
located within special flood hazard areas are required to ensure that:
(1) All such proposals are
consistent with the need to minimize flood damage;
(2) All public utilities
and facilities, such as sewer, gas, electrical, and water systems
are located and constructed to minimize or eliminate flood damage;
(3) Adequate drainage is
provided so as to reduce exposure to flood hazards; and
(4) All proposals for development,
including proposals for manufactured home parks and subdivisions,
of five (5) acres or fifty (50) lots, whichever is lesser, include
within such proposals base flood elevation data.
5.
Storage, Material, And Equipment.
a.
The storage or processing of materials
within the special flood hazard area that are in time of flooding
buoyant, flammable, explosive, or could be injurious to human, animal,
or plant life is prohibited.
b.
Storage of other material or equipment
may be allowed if not subject to major damage by floods, if firmly
anchored to prevent flotation or if readily removable from the area
within the time available after a flood warning.
6.
Non-Conforming Use. A structure,
or the use of a structure or premises that was lawful before the passage
or amendment of the Chapter, but which is not in conformity with the
provisions of this Chapter, may be continued subject to the following
conditions:
a.
If such structure, use, or utility
service is discontinued for three (3) consecutive months, any future
use of the building shall conform to this Chapter.
b.
If any non-conforming 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.
B. Specific Standards.
1.
In all areas identified as numbered and unnumbered A Zones and AE Zones, where base flood elevation data have been provided, as set forth in Article
IV, Section
415.050, Subsection
(A)(2), the following provisions are required:
a.
Residential Construction. New construction
or substantial-improvement of any residential structures, including
manufactured homes, shall have the lowest floor, including basement,
elevated to one (1) foot above the base flood elevation. An elevation
certificate certified by a registered professional engineer, or architect,
shall be provided.
b.
Non-Residential Construction. New construction or substantial-improvement of any commercial, industrial, or other non-residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated to one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood elevation 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 Section are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in Article
III, Section
415.040, Subsection
(C)(9).
c.
Require for all new construction
and substantial-improvements that fully enclosed areas below lowest
floor used solely for parking of vehicles, building access, or storage
in an area other than a basement and 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:
(1) 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 shall be
provided; and
(2) The bottom of all opening
shall be no higher than one (1) 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 floodwaters.
C. Manufactured Homes.
1.
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 purposes of this requirement,
manufactured homes must be elevated and 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.
2.
Require manufactured homes that are
placed or substantially improved within unnumbered or numbered A Zones
and AE Zones, on the community's FIRM on sites:
a.
Outside of manufactured home park
or subdivision;
b.
In a new manufactured home park or
subdivision;
c.
In an expansion to and existing manufactured
home park or subdivision; or
d.
In an existing manufactured home
park or subdivision on which a manufactured home has incurred substantial-damage
as the result of a flood, be elevated on a permanent foundation such
that the lowest floor of the manufactured home is elevated to one
(1) foot above the base flood elevation and be securely attached to
an adequately anchored foundation system to resist flotation, collapse,
and lateral movement.
3.
Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within all unnumbered and numbered A Zones and AE Zones, on the community's FIRM, that are not subject to the provisions of Article
IV, Section
415.050, Subsection
(C)(2) of this Chapter, be elevated so that either:
a.
The lowest floor of the manufactured
home is at one (1) foot above the base flood level; or
b.
The manufactured home chassis is
supported by reinforced piers or other foundation elements of at least
equivalent strength that are no less than thirty-six (36) inches in
height above grade and be securely attached to an adequately anchored
foundation system to resist flotation, collapse, and lateral movement.
D. Floodway. Located within areas of special flood hazard established in Article
II, Section
415.030, Subsection
(A) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles, the following provisions shall apply:
1.
The community shall select and adopt
a regulatory floodway 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 that
flood more than one (1) foot at any point.
2.
The community shall prohibit any
encroachments, including fill, new construction, substantial improvements,
and other development within the adopted regulatory floodway unless
it has been demonstrated through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that the
proposed encroachment would not result in any increase in flood levels
within the community during the occurrence of the base flood discharge.
3.
If Article
IV, Section
415.050, Subsection
(D)(2), is satisfied, all new construction and substantial-improvements shall comply with all applicable flood hazard reduction provisions of Article
IV.
4.
In unnumbered A Zones, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State, or other sources as set forth in Article
IV, Section
415.050, Subsection
(A)(2).
E. Recreational Vehicles.
1.
Require that recreational vehicles
placed on sites within all unnumbered and numbered A Zones and AE
Zones on the community's FIRM either:
a.
Be on the site for fewer than one
hundred eighty (180) consecutive days;
b.
Be fully licensed and ready for highway
use*; or
c.
Meet the permitting, elevation, and
the anchoring requirements for manufactured homes of this Chapter.
*
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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.
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