For the purposes of this chapter, the following words or phrases
are defined as follows:
means the land designated as being in the floodplain which
has a one percent or greater chance of flooding in any given year.
means the flood having a one percent chance of being equaled
or exceeded in any given year.
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:
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.
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).
means a general and temporary condition of partial or complete
inundation of normally dry land areas which is a result of:
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."
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.
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.
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."
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.
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.
means a vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projections;
Designed to be self-propelled or permanently towable by a light
duty truck; and
Designed primarily for use as temporary living quarters for
recreational, camping, travel or seasonal use, and primarily not for
use as a permanent dwelling.
means a walled and roofed building or manufactured home that
is primarily situated above ground.
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.
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:
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
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 provisions of this chapter, apply to all areas of special
flood hazard within the corporate boundaries of the city.
(Ord. 99-006 § 2, 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
(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:
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:
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)
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)
