(A) (1) No building, zoning, special use, or conditional use permit may be issued for any development within a floodway, non-encroachment area, or the special flood hazard area (100-year floodplain). Notwithstanding the foregoing, development may be authorized within the floodplain where either:
(a) A valid permit was issued prior to the effective date of this section; or
(b) Where an existing lot of record is rendered undevelopable due to the prohibition of new development within the floodplain.
(2) (a) In situations where development is allowed, the property shall be developed in such a way that has the least impact possible on the floodplain, e.g., a structure shall encroach into the floodplain only to the extent that it must in order to meet setbacks.
(b) Any encroachment into the floodplain shall be built at least two feet above BFE.
(3) In addition, no permit shall be issued for any development within a floodplain until the permit-issuing authority has reviewed the plans for any such development to assure that:
(a) The proposed development is consistent with the need to minimize flood damage;
(b) All public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage;
(c) Adequate drainage is provided to minimize or reduce exposure to flood hazards;
(d) All necessary permits have been received from those agencies from which approval is required by federal or state law;
(e) With respect to mobile homes or mobile home parks that are non-conforming because they are located within a floodplain, mobile homes may be relocated in such parks only if they comply with the provisions of division (E) below;
(f) One residential accessory structure shall be allowed within the floodplain provided it is firmly anchored to prevent flotation;
(g) Anchoring of any accessory building may be done by bolting the building to a concrete slab or by means of over-the-top ties providing a minimum of two ties are used with adequate force to secure the building;
(h) The proposed structures are designed or modified and adequately anchored to prevent flotation, collapse, or lateral motion;
(I) The structures are constructed with materials and utility equipment resistant to flood damage;
(j) The structures are constructed by methods and practices that minimize flood damage;
(k) 1. Electrical, heating, ventila- tion, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during the conditions of flooding.
2. These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, appliances (washers, dryers, refrigerators, freezers, dishwashers, and the like), water heaters, and electrical outlets/ switches;
(l) Openings below flood level are required for elevated structures; and
(m) 1. New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted except by variance.
2. A structure or tank for chemical or fuel storage incidental to an allowed use or water treatment plant or wastewater treatment facility may be located in a special flood hazard area only if the structure or tank is either elevated or floodproofed to at least the regulatory flood protection elevation and certified according to this chapter.
(B) No building may be constructed and no substantial improvement of an existing building may occur within any floodway or non-encroachment area.
(C) No new residential building may be constructed and no substantial improvement of a residential building may take place within any floodplain unless the lowest floor (including basement) of the building or improvement is elevated to two feet above BFE.
(D) (1) No new residential building may be constructed and no substantial improvement of a nonresidential building may take place within any floodplain unless the lowest floor (including basement) of the building or improvement is elevated or floodproofed to or above the base flood level.
(2) Where floodproofing is used in lieu of elevation, a registered professional engineer or architect shall certify that any new construction or substantial improvement has been designed to withstand the flood depths, pressure, velocities, impact, and uplift forces associated with the base flood at the location of the building and that the wails below the base flood level are substantially impermeable to the passage of water.
(E) Notwithstanding any other provision of this chapter, no mobile home may be located or relocated within that portion of the floodplain outside the floodway or non-encroachment area unless the following criteria are met.
(1) Ground anchors for tie downs are provided.
(2) The following tie down requirements are met:
(a) Over the top ties are required at each of the four corners of the mobile home, with one additional tie per side at an intermediate location for mobile homes less than 50 feet long; two additional ties per side are required for mobile homes more than 50 feet long;
(b) Frame ties are required in addition to over-the-top ties; and
(c) All components of the anchoring must be capable of carrying a force of 4,800 pounds.
(3) Lots or pads are elevated on compacted fill or by any other method approved by the Administrator so that the lowest habitable floor of the mobile home is two feet above the base flood level. However, no new fill may be added to comply with this section.
(4) Load-bearing foundation supports such as piers or pilings must be placed on stable soil or concrete footings no more than ten feet apart, and if the support height is greater than 72 inches, the support must contain steel reinforcement.
(F) No fill dirt may be added within any floodway, non-encroachment area, or floodplain.
(G) The fully enclosed area of new construction and substantially improved structures which is below the lowest floor:
(1) (a) Shall not be designed or used for human habitation but shall only be used for the parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises.
(b) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door) or entry to the living area (stairway or elevator).
(c) The interior area of such enclosed area shall not be finished or partitioned into separate rooms, except to enclose storage areas;
(2) Shall be constructed entirely of flood resistant materials below the regulatory flood protection elevation;
(3) Shall include flood openings to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of flood waters. To meet this requirement, the openings must either be certified by a registered professional engineer or architect or meet or exceed the following minimum design criteria.
(a) There shall be a minimum of two flood openings on different sides of each enclosed area subject to flooding.
(b) The total net area of all flood openings must be at least one square inch for each square foot of enclosed area subject to flooding.
(c) If a building has more than one enclosed area, each enclosed area must have flood openings to allow floodwaters to automatically enter and exit.
(d) The bottom of all required flood openings shall be no higher than one foot above the adjacent grade.
(e) Flood openings may be equipped with screens, louvers, or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.
(f) 1. Enclosures made of flexible skirting are not considered enclosures for regulatory purposes and, therefore, do not require flood openings.
2. Masonry or wood under- pinning, regardless of structural status, is considered an enclosure and requires flood openings as outlined above.
(H) Recreational vehicles shall either:
(1) Be on site for fewer than 180 consecutive days and be fully licensed and ready for highway use (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 has no permanently attached additions); or
(2) Meet all the requirements for new construction.
(I) (1) Additions and/or improvements to pre-FIRM structures when the addition and/or improvements are in combination with any interior modifications to the existing structure are:
(a) Not a substantial improvement. The addition and/or improvements must be designed to minimize flood damages and must not be any more non-conforming than the existing structure; or
(b) A substantial improvement. Both the existing structure and the addition and/or improvements must comply with the standards for new construction.
(2) Additions to post-FIRM structures with no modifications to the existing structure other than a standard door in the common wall shall comply only the addition to comply with the standards for new construction.
(3) Additions and/or improvements to post-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are:
(a) Not a substantial improvement. The addition and/or improvements only must comply with the standards for new construction; or
(b) A substantial improvement. Both the existing structure and the addition and/or improvements must comply with the standards for new construction.
(4) Where an independent perimeter load-bearing wall is provided between the addition and the existing building, the addition(s) shall be considered a separate building and only the addition(s) must comply with the standards for new construction.
(2003 Code, § Ch. 10, Art. 4, § B) Penalty, see § 152.99