(Code 1983, § 5-136; Ord. No. B-432, § 1, 5-14-1987; Ord. No. B-502, § I, 8-22-1991; 9-18-2023 by Ord. No. 5225-09-2023)
In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements:
(1) 
All new construction or 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.
(2) 
All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.
(3) 
All new construction or substantial improvements shall be constructed with materials resistant to flood damage.
(4) 
All new construction or 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.
(5) 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(6) 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters.
(7) 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding i.e., waste disposal systems shall not be located within a floodplain; floodway area.
(Code 1983, § 5-137; Ord. No. B-432, § 1, 5-14-1987; Ord. No. B-502, § I, 8-22-1991; Ord. No. B-559, § I, 8-10-1995; Ord. No. B-559(A1008), § VIII, 10-23-2008; 9-18-2023 by Ord. No. 5225-09-2023)
In all of special flood hazards where base flood elevation data has been provided as set forth in sections 42-37, 42-61(b)(8), or 42-93(d), the following provisions are required:
(1) 
Residential construction.
New construction and substantial improvement of any residential structure shall have the lowest floors (including the basement) elevated to at least three feet above the base flood elevation as designated in the FIRM or two feet above the ultimate (fully-developed) water surface elevation as determined by a flood study prepared by a licensed engineer. A licensed professional engineer or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection is satisfied.
(2) 
Nonresidential construction.
New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including the basement) elevated to at least three feet above the base flood elevation as designated in the FIRM or two feet above the ultimate (fully-developed) water surface elevation as determined by a flood study prepared by a licensed engineer. In the alternative, the building, together with attendant utility and sanitary facilities, may be designed so that below the base flood level, plus three feet, the structure is watertight with walls substantially impermeable to the passage of water with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for the construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the floodplain administrator.
(3) 
Enclosures.
New construction and substantial improvements, with fully enclosed area below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which 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) 
A minimum of two openings on separate walls having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
(B) 
The bottom of all openings shall be no higher than one foot above grade.
(C) 
Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(4) 
Manufactured homes.
(A) 
Require that all manufactured homes to be placed within zone A on a community's FHBM or FIRM shall be installed using methods and practices which 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. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
(B) 
Require that manufactured homes that are placed or substantially improved within zones A1-30, AH, and AE on the community's FIRM on sites outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to at least one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
(C) 
Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH and AE on the community's FIRM that are not subject to the provisions of this subsection (4) of this section be elevated so that either:
(i) 
The lowest floor of the manufactured home is at least three feet above the base flood elevation as designated in the FIRM or two feet above the ultimate (fully-developed) water surface elevation as determined by a flood study prepared by a licensed engineer. A licensed professional engineer or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection is satisfied.
(ii) 
The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
(5) 
Recreational vehicles.
Require that recreational vehicles placed on sites within zones A1-30, AH and AE on the community's FIRM either be on the site for fewer than 180 consecutive days, be fully licensed and ready for highway use, or meet the permit requirements of section 42-63(a), and the elevation and anchoring requirements for "manufactured homes" in subsection (4) 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.
(Code 1983, § 5-138; Ord. No. B-432, § 1, 5-14-1987; Ord. No. B-559(A1008), § IX, 10-23-2008; 9-18-2023 by Ord. No. 5225-09-2023)
(a) 
All subdivision proposals, including manufactured home parks and subdivisions, shall be consistent with sections 42-32, 42-33 and 42-36.
(b) 
All proposals for the development of subdivisions, including manufactured home parks and subdivisions, shall meet development permit requirements of sections 42-61–42-63 and the provisions of sections 42-91–42-95.
(c) 
Base flood elevation data shall be generated for subdivision proposals and other proposed development including manufactured home parks if not otherwise provided pursuant to section 42-42 or section 42-61(b)(8).
(d) 
All subdivision proposals, including manufactured home parks and subdivisions, shall have adequate drainage provided to reduce exposure to flood hazards.
(e) 
All subdivision proposals, including manufactured home parks and subdivisions, shall have public utilities and facilities such as sewer, gas electrical and water systems located and constructed to minimize or eliminate flood damage.
(Code 1983, § 5-139; Ord. No. B-432, § 1, 5-14-1987; Ord. No. B-559(A1008), § X, 10-23-2008; 9-18-2023 by Ord. No. 5225-09-2023)
Located within the areas of special flood hazard established in section 42-42 are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:
(1) 
All new construction and substantial improvements of residential structures have the lowest floor (including the basement) elevated above the highest adjacent grade at least as high as the depth number plus three feet as specified in feet on the FIRM or at least two feet above the ultimate (fully-developed) water surface elevation as determined by a licensed engineer. This requirement will also apply to manufactured homes.
(2) 
All new construction and substantial improvements of nonresidential structures shall:
(A) 
Have the lowest floor (including the basement) elevated above the highest adjacent grade at least as high as the depth number, plus three feet, as specified on the FIRM or at least two feet above the water surface elevation as determined by a licensed engineer.
(B) 
Together with attendant utility and sanitary facilities, be designed so that the structure is watertight with walls substantially impermeable to the passage of water to an elevation three feet above the depth number as designated in the FIRM or two feet above the ultimate (fully-developed) water surface elevation as determined by a flood study prepared by a licensed engineer. The structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(3) 
A registered professional engineer or architect shall submit a certification to the floodplain administrator that the standards of this article, as proposed in section 42-63(a)(1), are satisfied.
(4) 
Require within zones AH or AO adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures.
(Code 1983, § 5-140; Ord. No. B-432, § 1, 5-14-1987; Ord. No. B-559, § I, 8-10-1995; 9-18-2023 by Ord. No. 5225-09-2023)
Located within areas of special flood hazard established in section 42-42 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:
(1) 
Encroachments are prohibited, 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.
(2) 
If subsection (1) of this section is satisfied, all new construction and substantial improvement shall comply with all applicable flood hazard reduction provisions of this division.
(3) 
Under the provisions of 44 CFR chapter 1, section 65.12 of the National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revisions through FEMA.
(9-18-2023 by Ord. No. 5225-09-2023)
If any section, clause, sentence, or phrase of this article is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this article.