§ 1003  USE REGULATIONS.
   (A)   Reference to existing regulations.
      (1)   The special flood hazard areas are established as a floodplain overlay district.  All development in the district, including structural and non-structural activities, whether permitted by right or by variance, special use permit, or otherwise, must be in compliance with the following:
         Rhode Island State Building Code (as established under R.I. Gen. Laws § 23-27.3);
         Coastal Resources Management Act, Rhode Island Coastal Resources Management Council (R.I. Gen. Laws § 46-23)
         Endangered Species Act, Rhode Island Department of Environmental Management (R.I. Gen. Laws § 20-1-2)
         Freshwater Wetlands Act, Rhode Island Department of Environmental Management (R.I. Gen. Laws § 46-23-6)
         Minimum Standards Related to Individual Sewage Disposal Systems, Department of Environmental Management (R.I. Gen. Laws §§ 42-17.1 and 42-17.6 and 46-12)
      (2)   Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.
   (B)   Other use regulations.
      (1)   In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Newport County FIRM, encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
      (2)   All subdivision proposals must be designed to assure that:
         (a)   Such proposals minimize flood damage;
         (b)   All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and
         (c)   Adequate drainage is provided to reduce exposure to flood hazards.
      (3)   Detached accessory structures in Zones A, AE, A1-30 (i.e., garages, sheds) do not have to meet the elevation or dry flood-proofing requirement if the following standards are met:
         (a)   The structure has a value less than $1,000.
         (b)   The structure has unfinished interiors and must not be used for human habitation.  An apartment, office or other finished space over a detached garage is considered human habitation and would require the structure to be elevated.
         (c)   The structure is not in the floodway.
         (d)   The structure is not used for storage of hazardous materials.
         (e)   The structure is used solely for parking of vehicles and/or limited storage.
         (f)   The accessory must be wet floodproofed and designed to allow for the automatic entry and exit of flood water.
         (g)   The accessory structure shall be firmly anchored to prevent flotation, collapse and lateral movement.
         (h)   Service facilities such as electrical, mechanical and heating equipment must be elevated or floodproofed to or above the base flood elevation.
         (i)   The structure must not increase the flood levels in the floodway.
      (4)   Existing contour intervals of site and elevations of existing structures must be included on plan proposal.
      (5)   No person shall change from business/commercial to residential use of any structure or property located in the floodway of a special flood hazard area so as to result in a use or expansion that could increase the risk to the occupants.
      (6)   The space below the lowest floor:
         (a)   Free of obstructions as described in FEMA Technical Bulletin 5 “Free of Obstruction Requirements for Buildings Located in Coastal High Hazard Area in Accordance with the National Flood Insurance Program”; or
         (b)   Constructed with open wood lattice-work, or insect screening intended to collapse under wind and water without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting piles or columns; or
         (c)   Designed with an enclosed area less than 300 square feet that is constructed with non-supporting breakaway walls that have a design safe loading resistance of not less than ten or more than 20 pounds per square foot.
   (C)   Base flood elevation and floodway data.
      (1)   Floodway data. In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
      (2)   Base flood elevation data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A zones.
      (3)   Base flood elevations in A Zones. In the absence of FEMA BFE data and floodway data, the best available federal, state, local, or other BFE or floodway data shall be used as the basis for elevating residential and non-residential structures to or above the base flood level and for floodproofing non-residential structures to or above the base flood level.
(Ord. 2010-3, passed 4-5-10; Am. Ord. 2013-10, passed 8-19-13)