For applications for permits to improve buildings and structures, including additions, repairs, renovations, and alterations, the Floodplain Administrator shall:
(A) Estimate the market value, or require the applicant to obtain a professional appraisal of the market value, of the building or structure before the proposed work is performed. When repair of damage is proposed, the market value of the building or structure shall be the market value before the damage occurred;
(B) Compare the cost of improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;
(1) Except as indicated in divisions (B)(2) and (3) below, all costs to repair substantial damage, including emergency repairs, and the cost of complying with any county, state, or federal regulation, must be included;
(2) The costs associated with the correction of pre-existing violations of state or local health, sanitary, or safety code specifications that were identified by the building official, the director of environmental health, or any other local code enforcement official prior to the improvement or repair, and that are the minimum necessary to ensure safe living conditions, shall not be included;
(3) Costs associated with the following items are not included:
(a) The preparation and approval of all required plans, calculations, certifications, and specifications;
(b) The performance of surveys or other geotechnical or engineering studies and resulting reports;
(c) Permit and review fees; and
(d) The construction, demolition, repair, or modification of outdoor improvements, including landscaping, fences, swimming pools, detached garages and sheds, and the like;
(4) Proposed alterations to a designated historic building or structure are not to be considered a substantial improvement unless the alteration causes a loss of said designation.
(C) The Floodplain Administrator shall make the final determination of whether the proposed improvement and/or repairs constitute a substantial improvement or substantial damage.
(D) The Floodplain Administrator shall notify the applicant of the results of the determination in writing.
(E) The applicant has the right to appeal the determination pursuant to § 151.068.
(Ord. 259, passed 3-17-2011; Ord. 286, passed 12-7-2017)