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§ 152.09 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this chapter its most reasonable application.
   BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
   BASEMENT. Any area of the building having its floor subgrade (below ground level) on all sides.
   DEVELOPMENT. Any man-made 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, or storage of equipment or materials.
   EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. 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 complete before the effective date of the floodplain management regulations adopted by a community.
   EXPANSION OF EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. 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).
   FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from:
      (1)   The overflow of inland or tidal waters; or
      (2)   The unusual and rapid accumulation of runoff of surface waters from any source.
   FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which the Administrator has delineated both the special flood hazard areas and the risk premium applicable to the community.
   FLOODPLAIN. Any land area susceptible to being inundated by water from any source (see definition of "flooding").
   FLOODPROOFING. Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
   FLOODWAY. The channel of the 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 a designated height.
   HISTORIC STRUCTURE. Any structure that is:
      (1)   Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
      (2)   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
      (3)   Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
      (4)   Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
         (a)   By an approved state program as determined by the Secretary of the Interior; or
         (b)   Directly by the Secretary of the Interior in states without approved programs.
   LOWEST FLOOR. 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 the enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.
   MANUFACTURED HOME. 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.
   MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
   NEW CONSTRUCTION. For floodplain management purposes, structures for which the start of construction commenced on or after the effective date of the floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
   NEW MANUFACTURED HOME PARK OR SUBDIVISION. 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 floodplain management regulations adopted by a community.
   ONE HUNDRED-YEAR FLOOD. The condition of flooding having a 1% chance of annual occurrence.
   PRINCIPALLY ABOVE GROUND. At least 51% of the actual cash value of the structure is above ground.
   RECREATIONAL VEHICLE. A vehicle which is:
      (1)   Built on a single chassis;
      (2)   Four hundred square feet or less when measured at the largest horizontal projection;
      (3)   Designed to be self-propelled or permanently towable by a light-duty truck; and
      (4)   Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
   REGULATORY FLOOD ELEVATION. The water surface elevation of the 100-year flood.
   SPECIAL FLOOD HAZARD AREA. The land in the floodplain within a community subject to 1% or greater chance of flooding in any given year.
   START OF CONSTRUCTION. This term, for other than new construction or substantial improvements under the coastal Barrier Resources Act, Pub. L. No. 97-348, includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means 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 on the property of 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 the alteration affects the external dimensions of the building.
   STRUCTURE. A walled and roofed building that is principally above ground, as well as a manufactured home, and a gas or liquid storage tank that is principally above ground.
   SUBSTANTIAL DAMAGE. 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% of the market value of the structure before the damage occurred.
   SUBSTANTIAL IMPROVEMENT.  
      (1)   Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before start of construction of the improvement. This includes structures which have incurred substantial damage, regardless of the actual repair work performed.
      (2)   The term does not, however, include either:
         (a)   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 local Code Enforcement Official and which are the minimum necessary to assure safe living conditions; or
         (b)   Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
   VARIANCE. A grant of relief to a person from the terms of a floodplain management ordinance.
   VIOLATION. The failure of a structure or other development to be fully compliant with the community's floodplain management regulations.
(Ord. 621, passed 3-4-2008)
PERMITS; APPLICATIONS
§ 152.15 PERMITS REQUIRED.
   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.
   (A)   Required. 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.
   (B)   Application. To obtain a floodplain development permit, the applicant shall first file an application therefor in writing on a form furnished for that purpose. 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 basement, or in the case of floodproofed nonresidential structures, the elevation to which it shall be floodproofed. Documentation or certification of such elevations will be maintained by the City Clerk; and
      (7)   Give such other information as reasonably may be required by the City Clerk (i.e., require a statement from the applicant that he or she is aware that elevating or floodproofing structures above the minimum levels will result in premium reduction, especially in the case of nonresidential floodproofing when a minus one-foot penalty is assessed at the time of rating the structure for the policy premium).
(Ord. 621, passed 3-4-2008)
§ 152.16 DEVELOPMENT PERMIT APPLICATIONS REVIEW.
   The City Clerk 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.
(Ord. 621, passed 3-4-2008)
§ 152.17 ALL APPLICATIONS REVIEW.
   The City Clerk, in reviewing all applications for new construction, substantial improvements, prefabricated buildings, placement of manufactured homes and other development(s) (as defined in § 152.09) 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)   Prior to designation of a floodway. That 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 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 a 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 division are satisfied. Such certification shall be provided to the local administrator.
      (4)   Requirement for all new construction and substantial improvements. That 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 exit 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 hydrodynamic and 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, and manufactured homes less than 50 feet long requiring one additional tie per side.
      (2)   Frame ties 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, as specified in divisions (G)(1) through (4) below, be elevated on a permanent foundation such 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 division (F) of this section:
      (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.
   (H)   Assure that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within special flood hazard areas on the community's official map, that are not subject to the provisions of division (G) of this section, 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 division (F) of this section.
   (I)   (1)   Require that recreational vehicles placed on sites within the identified special flood hazard areas on the community's official map either:
         (a)   Be on the site for fewer than 180 consecutive days;
         (b)   Be fully licensed and ready for highway use; or
         (c)   Meet the permit requirements and the elevation and anchoring requirements for manufactured homes of this chapter.
      (2)   A recreational vehicle is ready for highway use if it is 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.
(Ord. 621, passed 3-4-2008)
§ 152.18 SUBDIVISION APPLICATIONS.
   The Governing Body of the city shall review all subdivision applications and other proposed new developments (including manufactured home parks or subdivisions) and shall make findings of fact and assure that:
   (A)   All such proposed developments are consistent with the need to minimize flood damage;
   (B)   Subdivision proposals and other proposed new developments (including proposals for manufactured home parks and subdivisions), greater than five acres or 50 lots, whichever is lesser, include within such proposals regulatory flood elevation data in special flood hazard areas;
   (C)   Adequate drainage is provided so as to reduce exposure to flood hazards; and
   (D)   All public utilities and facilities are located so as to minimize or eliminate flood damage.
(Ord. 621, passed 3-4-2008)
REQUIREMENTS AND EXCEPTIONS
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