For the purposes of this chapter, the following words or phrases are defined as follows:
"Area of special flood hazard"
means the land designated as being in the floodplain which has a one percent or greater chance of flooding in any given year.
"Base flood"
means the flood having a one percent chance of being equaled or exceeded in any given year.
"Development"
means any man-made change to real estate located within the area of special flood hazard, whether the real estate is improved or unimproved, including without limitation:
1. 
Buildings;
2. 
Structures;
3. 
Mining operations;
4. 
Dredging;
5. 
Filling;
6. 
Grading, paving or excavation; or
7. 
Drilling operations.
"Existing manufactured home park or subdivision"
means a manufactured home park for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads), is completed before the effective date of the ordinance codified in this chapter.
"Expansion to existing manufactured home park or subdivision"
means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads).
"Flood" or "flooding"
means a general and temporary condition of partial or complete inundation of normally dry land areas which is a result of:
1. 
The overflow of waters; or
2. 
The unusual and rapid accumulation or runoff of surface waters from any source.
"Flood Hazard Boundary Map"
means the official map on which the Federal Emergency Management Agency has delineated areas of special flood hazard within the city, which areas are designated thereon as "Zone A."
"Flood Insurance Rate Map" or "FIRM"
means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones.
"Lowest floor"
means the lowest floor of the lowest enclosed area of a structure, including any basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.
"Manufactured home"
means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
"New construction"
means a structure for which the start of construction commenced on or after the effective date of the ordinance codified in this chapter, and includes any subsequent improvements to such structure.
"New manufactured home park or subdivision"
means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads), is completed on or after the effective date of the ordinance codified in this chapter.
"Recreational vehicle"
means a vehicle which is:
1. 
Built on a single chassis;
2. 
Four hundred square feet or less when measured at the largest horizontal projections;
3. 
Designed to be self-propelled or permanently towable by a light duty truck; and
4. 
Designed primarily for use as temporary living quarters for recreational, camping, travel or seasonal use, and primarily not for use as a permanent dwelling.
"Structure"
means a walled and roofed building or manufactured home that is primarily situated above ground.
"Substantial damage"
means damage of any origin which is sustained by a structure and for which the cost of restoring the structure to the condition it was in before sustaining such damage would be equal to or greater than 50% of the market value of the structure in such pre-damage condition.
"Substantial improvement"
means any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which is equal to or greater than 50% of the market value of the structure before the reconstruction, rehabilitation, addition or other improvement was made to the structure. "Substantial improvement" does not include:
1. 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the building official, and which are the minimum necessary to assure safe living conditions; or
2. 
Any alteration of a historic structure, provided that the alteration will not preclude the continued designation of the structure as a historic structure.
(Ord. 99-006 § 1, 1999)
The areas of special flood hazard identified by the Federal Emergency Management Agency in the Flood Hazard Boundary Map dated March 29, 1974, and revised August 6, 1976, are adopted by reference and declared to be a part of this chapter. The Flood Hazard Boundary Map is on file and available in the office of the building official.
(Ord. 99-006 § 3, 1999)
A person shall not construct, locate, extend, convert or alter any structure or land without having fully complied with the terms and conditions of this chapter, and any other laws, ordinances or regulations as the same may be applicable. A violation of this section shall constitute a misdemeanor. A person convicted of violating this section shall be penalized as provided in Section 1.20.010, or in the alternative, the city may commence such legal action as it deems necessary to prevent or abate such violation.
(Ord. 99-006 § 4, 1999)
The provisions of this chapter are not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions of record. Nevertheless, where a provision of this chapter and another ordinance, easement, covenant or deed restriction of record conflict or overlap, the provision which imposes the more stringent restriction shall be deemed to prevail.
(Ord. 99-006 § 5, 1999)
In the interpretation of this chapter, all provisions shall be:
A. 
Considered to be a minimum requirement;
B. 
Liberally construed in favor of the governing body; and
C. 
Deemed neither to limit nor repeal any other powers granted pursuant to State statute, except as otherwise provided in Section 15.24.050 of this chapter.
(Ord. 99-006 § 6, 1999)
A. 
The degree of flood protection required by this chapter, is considered reasonable for regulatory purposes, and is based upon scientific and engineering considerations provided by the Federal Emergency Management Agency. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply, nor shall it be construed to imply, that (1) land situated outside of an area of special flood hazards; or (2) a use permitted within an area of special flood hazards, will be free from flooding or damage resulting from a flood.
B. 
The provisions of this chapter, shall not create, nor be construed in any way to create, liability on the part of the city, any officer or employee thereof, nor the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(Ord. 99-006 § 7, 1999)
A. 
A development permit must be obtained before construction or development is commenced within any area of special hazard designated pursuant to Section 15.24.030.
B. 
An application for a development permit shall be submitted to the building official on a form furnished by him or her and:
1. 
May include, without limitation, the following information:
a. 
Plans, in duplicate, drawn to scale, showing the nature, location, dimensions and elevations of the area in question,
b. 
Existing or proposed structures, fill, storage of materials, drainage facilities and the location of each of the foregoing;
2. 
Shall include the following information:
a. 
Elevation in relation to mean sea level of the lowest floor, including basement, of all structures,
b. 
Elevation in relation to mean sea level to which any structure has been floodproofed,
c. 
Base flood elevation for the development site shall be provided by a registered professional engineer,
d. 
Certification by a registered professional engineer that the floodproofing methods for any nonresidential structure meet the floodproof criteria set forth in Section 15.24.140; and
e. 
Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.
(Ord. 99-006 § 8, 1999)
A. 
The duties of the building official shall include, without limitation, the items set forth in this section.
B. 
The building official is appointed to administer and implement the provisions of this chapter, by granting or denying applications for development permits pursuant to such provisions.
C. 
The building official shall review each application for a development permit to determine whether:
1. 
The application complies with all applicable requirements of this chapter;
2. 
All permits have been obtained from those federal, state or local governmental agencies from which prior approval is required;
3. 
The proposed development would adversely affect the flood carrying capacity of the area of special flood hazard. For the purposes of this section, the phrases "adversely affect" and "adverse affect" mean to cause or result in damage to adjacent properties because of rises in flood stages attributable to physical changes of the channel and the adjacent overbank areas.
D. 
After reviewing such application pursuant to subsection B of this section, the building official:
1. 
May grant the permit without further consideration if he or she finds that the proposed development is not a building and would have no adverse effect;
2. 
Shall require technical justification for the proposed development in the form of a registered professional engineer's certification if he or she finds that the proposed development is not a building and would have an adverse effect; or
3. 
Shall require compliance with the provisions of this chapter, if the proposed development is a building.
E. 
The building official shall obtain and record the actual elevation, in relation to mean sea level, of the lowest floor, including basement, of all new or substantially improved structures, and whether or not the structure contains a basement.
F. 
For all new or substantially improved floodproofed structures the building official shall:
1. 
Verify and record the actual elevation, in relation to mean sea level, to which the structure has been floodproofed;
2. 
Maintain the floodproofing certifications required in subsection (B)(2)(d) of Section 15.24.080.
G. 
The building official shall notify adjacent communities and the Wyoming Emergency Management Agency prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
H. 
The building official shall require that maintenance be provided within the altered or relocated portion of such watercourse so that the flood carrying capacity is not diminished.
I. 
The building official shall make interpretations, as may be needed, concerning the exact location of the boundaries of the areas of special flood hazards.
J. 
When base flood elevation data has not been provided pursuant to Section 15.24.030, the building official shall obtain, review and reasonably use any base flood elevation and floodway data available from a federal, state or other reliable source as criteria for requiring that new construction, substantial improvements or other development in Zone A are administered in accordance with Section 15.24.140.
(Ord. 99-006 § 9, 1999)
In all areas of special flood hazard, the standards set forth in Sections 15.24.100 through 15.24.150, inclusive are required.
A. 
Anchoring.
1. 
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure, and must be capable of resisting hydrostatic and hydrodynamic loads.
2. 
All manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement and capable of resisting the hydrostatic and hydrodynamic loads. Methods of anchoring may include, without limitation, the 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. The following specific requirements may be imposed by the building official if, in his or her sole discretion, the same are deemed necessary:
a. 
Over-the-top ties be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations, with manufactured homes less than 50 feet in length requiring one additional tie per side;
b. 
Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with manufactured homes less than 50 feet in length requiring four additional ties per side;
c. 
All components of the anchoring system must be capable of carrying a force of 4,800 pounds;
d. 
Any additions to the manufactured home must be anchored in a fashion similar to the remainder of the existing home.
B. 
Construction Materials and Methods. All new construction and substantial improvements shall be constructed:
1. 
With materials and utility equipment resistant to flood damage;
2. 
Using methods and practices that minimize flood damage; and
3. 
With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(Ord. 99-006 §§ 10 — 12, 1999)
A. 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
B. 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.
C. 
On-site waste disposal systems shall not be allowed.
(Ord. 99-006 § 13, 1999)
All subdivision proposals shall:
A. 
Be consistent with the need to minimize flood damage;
B. 
Have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
C. 
Have adequate drainage provided to reduce exposure to flood damage; and
D. 
Base flood elevation data provided by a registered professional engineer and submitted as part of the subdivision proposal, and any other proposed development which contains at least 50 lots or five acres, whichever is less.
(Ord. 99-006 § 14, 1999)
Encroachments, including fill, new construction, substantial improvements and other development shall be prohibited in any floodway unless a technical evaluation demonstrates that the encroachments will not result in any increase in flood levels during the occurrence of the base flood discharge.
(Ord. 99-006 § 15, 1999)
A. 
In all areas of special flood hazard where base flood elevation data has been provided pursuant to subsection J of Section 15.24.090, the following standards are required:
1. 
New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation.
2. 
New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either:
a. 
Have the lowest floor, including basement, elevated to the level of the base flood elevation; or
b. 
Together with attendant utility and sanitary facilities, shall:
i. 
Be floodproofed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water,
ii. 
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, and
iii. 
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this paragraph. Such certifications shall be provided to the official as set forth in subsection J of Section 15.24.090.
B. 
1. 
For all new construction and substantial improvements, fully enclosed areas below the lowest floor 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.
2. 
Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or must meet or exceed the following minimum criteria:
a. 
A minimum of two openings 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; and
c. 
Openings may be equipped with screens, louvers or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(Ord. 99-006 §§ 16, 17, 1999)
A. 
All manufactured homes must be anchored pursuant to the provisions of Section 15.24.140.
B. 
All manufactured homes, and those to be substantially improved, shall be made to conform to the following requirements:
1. 
A manufactured home that is placed or substantially improved on a site that is located:
a. 
Outside of a manufactured home park or subdivision;
b. 
Within a new manufactured home park or subdivision;
c. 
Within an expansion to an existing manufactured home park or subdivision; or
d. 
Within an existing manufactured home park or subdivision and on which a manufactured home has incurred substantial damage as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to, or above, the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
2. 
A manufactured home that is to be placed or substantially improved on a site in an existing manufactured home park or subdivision that is not subject to the provisions of subsection (B)(1) of this section must be elevated so that either:
a. 
The lowest floor of the manufactured home is at or above the base flood elevation; or
b. 
The manufactured home chassis is supported by reinforced piers or other foundation elements 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.
(Ord. 99-006 § 18, 1999)