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The provisions of this chapter do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of Section 1464.71 shall apply.
(Ord. 5104. Passed 6-13-12.)
The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:
(a) No expansion or enlargement of an existing structure shall be allowed within any Floodway Area/District that would cause any increase in BFE.
(b) No expansion or enlargement of an existing structure shall be allowed within AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
(c) Any modification, alteration, reconstruction, or improvement, of any kind to an existing structure, to an extent or amount of fifty percent or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this chapter, including being elevated and/or floodproofed to the greatest extent possible.
(d) The above activity shall also address the requirements of the 34 PA Code, as amended and the 2009 IBC and the 2009 IRC.
(Ord. 5104. Passed 6-13-12.)
VARIANCES
(a) Requests for variances shall be considered by the City of Johnstown in accordance with the procedures contained in Section 1464.19 and the following:
(1) No variance shall be granted for any construction, development, use, or activity within any Floodway Area/District that would cause any increase in the BFE.
(2) No variance shall be granted for any construction, development, use, or activity within any AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE than one foot at any point.
(3) Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (or prohibited activities) (Sections 1464.60 through 1464.63) or to development which may endanger human life (Section 1464.48).
(4) If granted, a variance shall involve only the least modification necessary to provide relief.
(5) In granting any variance, the City of Johnstown shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this chapter.
(6) Whenever a variance is granted, the City of Johnstown shall notify the applicant in writing that:
A. The granting of the variance may result in increased premium rates for flood insurance.
B. Such variances may increase the risks to life and property.
(7) In reviewing any request for a variance, the City of Johnstown shall consider, at a minimum, the following:
A. That there is good and sufficient cause.
B. That failure to grant the variance would result in exceptional hardship to the applicant.
C. That the granting of the variance will:
1. Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense; and
2. Nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable State or local ordinances and regulations.
(8) A complete record of all variance requests and related actions shall be maintained by the City of Johnstown. In addition, a report of all variances granted during the year shall be included in the annual report to the FEMA.
(b) Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-percent annual chance flood.
(c) Except for possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (or prohibited activities) (Section 1464.63) or to development which may endanger human life (Section 1464.48).
(Ord. 5104. Passed 6-13-12; Ord. 5113. Passed 11-28-12.)
Any person who fails to comply with any or all of the requirements or provisions of this chapter or who fails or refuses to comply with any notice, order of direction of the Floodplain Administrator or any other authorized employee of the Municipality shall be guilty of a misdemeanor and upon conviction shall pay a fine to the City of Johnstown of not less than twenty-five dollars ($25.00) nor more than six hundred dollars ($600.00) plus costs of prosecution. In addition to the above penalties all other actions are hereby reserved including an action in equity for the proper enforcement of this chapter. The imposition of a fine or penalty for any violation of, or noncompliance with, this chapter shall not excuse the violation or noncompliance or permit it to continue and all such persons shall be required to correct or remedy such violations and noncompliance within a reasonable time. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this chapter may be declared by City Council to be a public nuisance and abatable as such.
(Ord. 5104. Passed 6-13-12.)