Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
A. 
“Administrative appeal”
means a request for a review of a decision made by an administrative official in the administration of this chapter.
B. 
“Area of shallow flooding”
means a designated AO or AH zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding.
C. 
“Area of special flood hazard”
means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. Areas of special flood will also include “B” zones as defined below.
D. 
“B zone”
means certain areas subject to the base flood with contributing drainage of more than 100 acres and less than one square mile and all pothole areas.
E. 
“Base flood”
means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the “100-year flood.” Designation on maps always includes the letters A or V.
F. 
“Basement”
means any area of the building having its floor subgrade (below ground level) on all sides.
G. 
“Breakaway wall”
means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.
H. 
“Coastal high hazard area”
means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as zone V1 – 30, VE or V.
I. 
“Critical facility”
means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste.
J. 
“Development”
means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
K. 
“Elevated building”
means, for insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.
L. 
“Existing manufactured home park or subdivision”
means a manufactured home park 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 before the effective date of the adopted floodplain management regulations.
M. 
“Expansion to an 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).
N. 
“Flood” or “flooding”
means a general and temporary condition of partial or complete inundation of normally dry land areas from:
1. 
The overflow of inland or tidal waters; and/or
2. 
The unusual and rapid accumulation of runoff of surface waters from any source.
O. 
“Flood fringe”
means the area subject to inundation by the base flood, but outside the limits of the floodway, and which may provide needed temporary capacity for flood waters.
P. 
“Flood insurance rate map (FIRM)”
means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
Q. 
“Flood insurance study”
means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.
R. 
“Floodplain”
means the total area subject to inundation by the base flood including the flood fringe and the floodway areas.
S. 
“Floodway”
means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
T. 
“Lowest floor”
means the lowest floor of the lowest enclosed area (including 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 UPMC § 14.15.040(E)(2)(b).
U. 
“Manufactured home”
means a factory-assembled structure intended solely for human habitation, which has sleeping, eating and plumbing facilities, that is being used for residential purposes, that was constructed in accordance with the HUD Federal Manufactured Housing Construction and Safety Standards Act in effect at the time of construction, and that is constructed in a way suitable for movement along public highways.
V. 
“Mobile home/manufactured home park”
means a tract of land designed and maintained under a single ownership of unified control where two or more spaces or pads are provided solely for the placement of mobile or manufactured homes for residential purposes with or without charge. A mobile home or manufactured home park shall not include mobile home or manufactured home subdivisions or recreational vehicle parks.
W. 
“New construction”
means structures for which the “start of construction” commenced on or after the effective date of the ordinance codified in this chapter.
X. 
“Recreational vehicle”
means a structure or vehicle, other than a mobile home, which is permanently designed and intended for use for temporary housing purposes. Recreational vehicles shall include, but not necessarily be limited to, campers, motor homes, and travel trailers.
Y. 
“Start of construction”
includes substantial improvement, and means the date the building permit was issued; provided, the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation of the property or accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
Z. 
“Structure”
means anything that is constructed in or on the ground or over water, including any edifice, gas or liquid storage tank, and any piece of work artificially built up or composed of parts and joined together. For the purposes of this regulation, structure does not include paved areas, fill, or any vehicle.
AA. 
“Substantial damage”
means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
BB. 
“Substantial improvement”
means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:
1.
Before the improvement or repair is started; or
2.
If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
1.
Any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or
2.
Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
CC. 
“Variance”
means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
DD. 
“Water dependent”
means any use which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.
(Ord. 164 § 1, 1997; Ord. 680 § 1 (Exh. A), 2017)
A. 
Lands to Which this Chapter Applies. This chapter shall apply to all areas of special flood hazards within the City of University Place, Washington.
B. 
Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for Pierce County,” dated March 7, 2017, as amended, with accompanying Flood Insurance Rate Maps (FIRM), as amended, are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study and the FIRM are on file at City Hall.
C. 
Penalties for Noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $1,000 or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City of University Place from taking such other lawful action as is necessary to prevent or remedy any violation.
D. 
Severability. If any section, clause, sentence, or phase of this chapter 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 chapter.
E. 
Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
F. 
Interpretation. In the interpretation and application of this chapter, all provisions shall be:
1. 
Considered as minimum requirements;
2. 
Liberally construed in favor of the governing body; and
3. 
Deemed neither to limit nor repeal any other powers granted under State statutes.
G. 
Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of University Place, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(Ord. 164 § 2, 1997; Ord. 680 § 1 (Exh. A), 2017)
A. 
Site Development Permit.
1. 
Site Development Permit Required. A site development permit and building permit if applicable shall be obtained before construction or development begins within any area of special flood hazard established in UPMC § 14.15.020(B). The permit shall be for all structures including manufactured homes, and for all development including fill and other activities.
2. 
Application for Site Development Permit. Application for a site development permit shall be made on forms furnished by the Department of Community and Economic Development, and in addition to the minimum requirements in the public work standards, may include but not be limited to plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:
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. 
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in UPMC § 14.15.040(B)(2); and
d. 
Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.
B. 
Designation of the Local Administrator. The Department of Community and Economic Development is hereby appointed to administer and implement this chapter by granting or denying site development permit applications through the City permit center in accordance with its provisions.
C. 
Duties and Responsibilities of the Local Administrator. Duties of the Department of Community and Economic Development shall include, but not be limited to:
1. 
Permit Review.
a. 
Review all site development permits to determine that the permit requirements of this chapter have been satisfied.
b. 
Review all site development permits to determine that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior approval is required.
c. 
Review all site development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of UPMC § 14.15.040(C)(1) are met.
2. 
Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with UPMC § 14.15.020(B), the Department shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer UPMC § 14.15.040(B) and (C).
3. 
Information to Be Obtained and Maintained.
a. 
Where base flood elevation data is provided through the flood insurance study or required as in subsection (C)(2) of this section, 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.
b. 
For all new or substantially improved floodproofed structures:
(1) 
Verify and record the actual elevation (in relation to mean sea level); and
(2) 
Maintain the floodproofing certifications required in subsection (A)(2)(c) of this section.
c. 
Maintain for public inspection all records pertaining to the provisions of this chapter.
4. 
Alteration of Watercourses.
a. 
Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
b. 
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
5. 
Interpretation of FIRM Boundaries. Make interpretations, where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in UPMC Title 22.
D. 
Variances.
1. 
The Hearings Examiner may grant a variance to the requirements of this chapter. Before granting a variance the Hearings Examiner shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
a. 
The danger that materials may be swept onto other lands to the injury of others;
b. 
The danger to life and property due to flooding or erosion damage;
c. 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
d. 
The importance of the services provided by the proposed facility to the community;
e. 
The necessity to the facility of a waterfront location, where applicable;
f. 
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
g. 
The compatibility of the proposed use with existing and anticipated development;
h. 
The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
i. 
The safety of access to the property in times of flood for ordinary and emergency vehicles;
j. 
The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and
k. 
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
2. 
Upon consideration of the factors of subsection (D)(1) of this section and the purposes of this chapter, the Hearings Examiner may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. The decision of the Hearings Examiner shall include the written warning provided for in subsection (D)(4)(h) of this section should a variance be granted.
3. 
The City Clerk shall maintain the records of all appeal actions. The Department of Community and Economic Development shall report any variances to the Federal Insurance Administration upon request.
4. 
Conditions for Variances.
a. 
Generally, the only condition under which a variance from the elevation standard may be granted is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in subsections (D)(1)(a) through (k) of this section have been fully considered. As the lot size increases the technical justification required for issuing the variance increases.
b. 
Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section.
c. 
Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.
d. 
Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
e. 
Variances shall only be issued upon:
(1) 
A showing of good and sufficient cause;
(2) 
A determination that failure to grant the variance would result in exceptional hardship to the applicant;
(3) 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in subsection (D)(1) of this section, or conflict with existing local laws or ordinances.
f. 
Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.
g. 
Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection (D)(4)(a) of this section, and otherwise complies with UPMC § 14.15.040(A) and (B).
h. 
Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
5. 
Variance Procedure. Variances shall be processed in accordance with UPMC Title 22.
(Ord. 164 § 3, 1997; Ord. 423 §§ 43 – 46, 2004; Ord. 680 § 1 (Exh. A), 2017; Ord. 749 § 22, 2021)
A. 
General Standards. In all areas of special flood hazards, the following standards are required:
1. 
Anchoring.
a. 
All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
b. 
All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA's “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques).
2. 
Construction Materials and Methods.
a. 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
b. 
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
c. 
Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
3. 
Utilities.
a. 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
b. 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and
c. 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
4. 
Subdivision Proposals.
a. 
All subdivision proposals 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 damage; and
d. 
Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least five lots.
5. 
Review of Building Permits. Where elevation data is not available either through the flood insurance study or from another authoritative source (UPMC § 14.15.030(C)(2)), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates.
B. 
Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in UPMC §§ 14.15.020(B) or 14.15.030(C)(2), the following provisions are required:
1. 
Residential Construction.
a. 
New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation.
b. 
Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or 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 must meet or exceed the following minimum criteria:
(1) 
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.
(2) 
The bottom of all openings shall be no higher than one foot above grade.
(3) 
Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters.
2. 
Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the base flood elevation, or, together with attendant utility and sanitary facilities, shall:
a. 
Be floodproofed so that below one foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
b. 
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
c. 
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 provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in UPMC § 14.15.030(C)(3)(b);
d. 
Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (B)(1)(b) of this section;
e. 
Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building flood-proofed to the base flood level will be rated as one foot below).
3. 
Manufactured Homes.
a. 
All manufactured homes to be placed or substantially improved within zones A1 – 30, AH, and AE on the community’s FIRM on sites:
(1) 
Outside of a manufactured home park or subdivision,
(2) 
In a new manufactured home park or subdivision,
(3) 
In an expansion to an existing manufactured home park or subdivision, or
(4) 
In an existing manufactured home park or subdivision 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 one foot or more above the base flood elevation and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement.
b. 
Manufactured homes to 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 above manufactured home provisions be elevated so that either:
(1) 
The lowest floor of the manufactured home is elevated one foot above the base flood elevation; or
(2) 
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 designed foundation system to resist flotation, collapse, and lateral movement.
4. 
Recreational Vehicles. Recreational vehicles placed on sites within zones A1 – 30, AH, and AE on the community’s FIRM either:
a. 
Be on the site for fewer than 180 consecutive days;
b. 
Be fully licensed and ready for highway use, on its wheels or jacking system, be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or
c. 
Meet the requirements of subsection (B)(3) of this section and the elevation and anchoring requirements for manufactured homes.
C. 
Floodways. Located within areas of special flood hazard established in UPMC § 14.15.020(B) are areas designated as floodways. 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 provisions apply:
1. 
Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
2. 
Construction or reconstruction of residential structures is prohibited within designated floodways, except for (a) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (b) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either (a) before the repair, or reconstruction is started, or (b) if the structure has been damaged, and is being restored, before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to structures identified as historic places shall not be included in the 50 percent.
3. 
If subsection (C)(1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section.
D. 
AE and A1 – 30 Zones with Base Flood Elevations but No Floodways. In areas with base flood elevations (but a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1 – 30 and AE 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 foot at any point in the City.
E. 
Standards for Shallow Flooding Areas (AO Zones). Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in these zones range from one to three feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply:
1. 
New construction and substantial improvements of residential structures and manufactured homes within AO zones shall have the lowest floor (including basement) elevated above the highest grade adjacent to the building, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified).
2. 
New construction and substantial improvements of nonresidential structures within AO zones shall either:
a. 
Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified); or
b. 
Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level 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. If this method is used, compliance shall be certified by a registered professional engineer or architect as in subsection (B)(2)(c) of this section.
3. 
Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
4. 
Recreational vehicles placed on sites within AO zones on the community’s FIRM either:
a. 
Be on the site for fewer than 180 consecutive days;
b. 
Be fully licensed and ready for highway use, 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; or
c. 
Meet the requirements of this section and the elevation and anchoring requirements for manufactured homes.
F. 
Coastal High Hazard Areas. Located within areas of special flood hazard established in UPMC § 14.15.020(B) are coastal high hazard areas, designated as zones V1 – 30, VE and/or V. These areas have special flood hazards associated with high velocity waters from surges and, therefore, in addition to meeting all provisions in this chapter, the following provisions shall also apply:
1. 
All new construction and substantial improvements in zones V1 – 30 and VE (V if base flood elevation data is available) shall be elevated on pilings and columns so that:
a. 
The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated one foot or more above the base flood level; and
b. 
The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval).
2. 
A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of subsections (F)(1)(a) and (b) of this section.
3. 
Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures in zones V1 – 30 and VE, and whether or not such structures contain a basement. The Department of Community and Economic Development shall maintain a record of all such information.
4. 
All new construction shall be located landward of the reach of mean high tide.
5. 
Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions:
a. 
Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and
b. 
The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval).
6. 
If breakaway walls are utilized, such enclosed space shall be useable solely for parking of vehicles, building access, or storage. Such space shall not be used for human habitation.
7. 
Prohibit the use of fill for structural support of buildings.
8. 
Prohibit manmade alteration of sand dunes which would increase potential flood damage.
9. 
All manufactured homes to be placed or substantially improved within zones V1 – 30, V, and VE on the community’s FIRM on sites:
a. 
Outside of a manufactured home park or subdivision;
b. 
In a new manufactured home park or subdivision;
c. 
In an expansion to an 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; meet the standards of subsections (F)(1) through (9) of this section and that manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision within zones V1 – 30, V, and VE on the FIRM meet the requirements of subsection (B)(3) of this section.
10. 
Recreational vehicles placed on sites within zones V1 – 30, V, and VE on the community’s FIRM either:
a. 
Be on the site for fewer than 180 consecutive days;
b. 
Be fully licensed and ready for highway use, 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; or
c. 
Meet the requirements of UPMC § 14.15.030(A)(1) (permitting requirements) and subsections (F)(1) through (9) of this section.
G. 
Critical Facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) (100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet or more above the level of the base flood elevation (100-year) at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into flood waters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible.
(Ord. 164 § 4, 1997; Ord. 423 § 47, 2004; Ord. 680 § 1 (Exh. A), 2017; Ord. 749 § 23, 2021)