Section
151.01 Adoption of current FIRM/FIS
151.02 Permits required
151.03 Development permit applications review
151.04 All applications review
151.05 Subdivision applications
151.06 Water and sewage systems
151.07 Storage of materials and equipment
151.08 Flood-carrying capacity within any watercourse
151.09 Variance procedures
151.10 Conditions for variances
151.11 Nonconforming uses
151.12 Abrogation and greater restrictions
151.13 Interpretation
151.14 Warning and disclaimer of liability
151.15 Appeal
151.16 Definitions
151.99 Penalty
In order to comply with the requirements of the Federal Emergency Management Agency regarding flood insurance, the following are hereby adopted:
(A) The Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency that will become effective on November 26, 2010;
(B) The Food Insurance Study (FIS) report issued by the Federal Emergency Management Agency;
(C) All of the flood plain management regulations set forth in paragraph 60.3 of the National Flood Insurance Program regulations as set forth in the Code of Federal Regulations (44 C.F.R. § 60.3); and
(D) Any future modifications of such map, report and regulations.
(2000 Code, § 9-801) (Ord. 551, passed 11-15-2010)
(A) No person, firm or corporation shall initiate any floodplain development or substantial improvement or cause the same to be done without first obtaining a separate permit for development as defined in this chapter.
(B) Within special flood hazard areas on the official map, separate floodplain development permits are required for all new construction, substantial improvements and other developments, including the placement of manufactured homes.
(C) To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose.
(D) Every such application shall:
(1) Identify and describe the development to be covered by the floodplain development permit for which application is made;
(2) Describe the land on which the proposed development is to be done by lot, block, tract and house and street address, or similar description, that will readily identify and definitely locate the proposed building or development;
(3) Indicate the use or occupancy for which the proposed development is intended;
(4) Be accompanied by plans and specifications for proposed construction;
(5) Be signed by the permittee or his or her authorized agent who may be required to submit evidence to indicate such authority;
(6) Within designated floodplain areas, be accompanied by elevations of the lowest floor, including the basement or, in the case of floodproofed nonresidential structures, the elevation to which it shall be floodproofed. Documentation or certificate of such elevations will be maintained by the City Administrator; and
(7) Give such other information as reasonably may be required by the City Administrator (i.e., require a statement from the applicant that they are aware that elevating or floodproofing structures above the minimum levels will result in premium reduction, especially in the case of non-residential, floodproofing when a minus one foot penalty is assessed at the time of rating the structure for the policy premium.)
(2000 Code, § 9-802)
The City Administrator shall review all development permit applications to determine if the site of the proposed development is reasonably safe from flooding and that all necessary permits have been received as required by federal or state law.
(2000 Code, § 9-803)
The City Administrator, in reviewing all applications for new construction, substantial improvements, prefabricated buildings, placement of manufactured homes and other development(s) will:
(A) Obtain, review and reasonably utilize, if available, any regulatory flood elevation data and floodway data available from federal, state or other sources, until such other data is provided by the Federal Insurance Administration in a flood insurance study and require, within special flood hazard areas on the official map, that the following performance standards be met.
(1) Until a floodway has been designated, no development or substantial improvement may be permitted within the identified floodplain unless the applicant has demonstrated that the proposed development or substantial improvement, when combined with all other existing and reasonably anticipated, developments or substantial improvements, will not increase the water surface elevation of the 100-year flood more than one foot at any location.
(2) Residential construction - New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at least one foot above the base flood elevation.
(3) Nonresidential construction - New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including the basement, elevated at least one foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below such level the structure 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. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the City Administrator.
(4) Require for all new construction and substantial improvements - Fully enclosed areas 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 existence 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 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. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(B) Require the use of construction materials that are resistant to flood damage;
(C) Require the use of construction methods and practices that will minimize flood damage;
(D) Require that new structures be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrostatic loads, including the effects of buoyancy;
(E) New structures 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;
(F) Assure that all manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Manufactured homes must be anchored in accordance with state laws, local building codes and FEMA guidelines. In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met.
(1) Over-the-top ties be provided at each of the four corners of the manufactured home with two additional ties per side at the intermediate locations. Manufactured homes less than 50 feet long shall require only one additional tie per side.
(2) Frame ties shall be provided at each corner of the home with five additional ties per side at intermediate points and manufactured homes less than 50 feet long requiring four additional ties per side.
(3) All components of the anchoring system be capable of carrying a force of 4,800 pounds.
(4) Any additions to manufactured homes be similarly anchored.
(G) Assure that all manufactured homes that are placed or substantially improved within special flood hazard areas on the community’s official map 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, be elevated on a permanent foundation so that the lowest floor of the manufactured home is elevated at least one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of § 151.07.
(H) Assure that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within specific flood hazard areas on the community’s official map that are not subject to the provisions of division (G) above be elevated so that either:
(1) The lowest floor of the manufactured home is at least 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 anchored foundation system in accordance with the provisions of § 151.07.
(I) Require that recreational vehicles placed on sites within the identified special flood hazard areas on the community’s official map either: be on the site for fewer than 180 consecutive days; be fully licensed and ready for highway use; or meet the permit requirements and the elevation and anchoring requirements for “manufactured homes” of this chapter. A recreational vehicle is ready for highway use if it is on its wheels or jacking system and is attached to the site only for quick disconnect type utilities and security devices and has no permanently attached additions.
(2000 Code, § 9-804)
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