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When a building permit for new construction or substantial improvement to an existing structure is requested for a site within an Ecological Hazard District or a General Floodplain District, and the site is not located in a Special Flood Hazard Area or a post-development floodplain, and where detailed hydrologic and hydraulic calculations have not been performed in conjunction with the development, the Codes Enforcement Officer shall refer the request to the City Engineer for review. In his or her review, the City Engineer may require the elevation of the lowest floor and the lowest opening of the structure to be not less than two (2) feet above the nearest regulatory flood elevation for the stream (as shown on the FEMA Maps), or not less than two (2) feet above any calculated or known high-water level that the City Engineer has on file for the watershed; or may require the submission of information prepared by a licensed professional engineer that the elevation is at least two (2) feet above the elevation of the regulatory flood, and will not obstruct the floodplain or create adverse flooding conditions on adjacent properties. In addition, the Codes Enforcement Officer shall require the submission of a foundation and footer detail prepared by the private professional engineer prior to the issuance of the building permit. Appeals of the elevation requirements of the City Engineering shall be referred to the Floodplain Appeals Committee and shall follow the review procedure therein.
(Ord. No. 1675, 2-28-05)
A structure which was lawful constructed at an elevation below the elevation of the base flood before the passage or amendment of this article, or the use of a structure or premises which lawfully commenced prior to the adoption or amendment to this article, which is not in conformity with the provisions of this article, may be continued so long as it remains otherwise lawful, subject to the following conditions.
(a) No such use or structure shall be expanded, changed, enlarged or altered in a way which increases its nonconformity.
(b) No substantial improvement of any nonconforming structure shall be permitted, unless the structure is permanently changed to a conforming use.
(c) If any nonconforming use or structure is destroyed by any means, including but not limited to floods, to an extent of fifty percent (50%) or more of its value, it shall not be reconstructed except in conformity with the provisions of this article.
(d) Any alteration, addition or repair to any nonconforming structure which would result in substantially increasing its flood-damage potential shall be prohibited.
(Ord. No. 1675, 2-28-05)
The provisions of special use permits shall be enforced by the Codes Enforcement Officer and by the City Engineer. Generally, the City Engineer shall determine compliance with elevation requirements and drainage features, and the Building Inspector shall enforce structural requirements where floodproofing of the structure is required. Minimum floor elevations shall be enforced through an elevation certificate, prepared by a registered land surveyor or a professional engineer, and submitted to the Codes Enforcement Officer after the elevation of the lowest opening is established and before any further work on the structure proceeds.
(Ord. No. 1675, 2-28-05)
Violation of the provisions of this article or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special permits, shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00), or imprisoned for not more than sixty (60) days, or both; and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. No. 1675, 2-28-05)
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