A. General Standards: In all areas of special flood hazards, the following provisions are required for all new construction and substantial improvements:
1. Construction Materials and Methods:
a. All new construction or substantial improvements shall 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.
b. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.
c. All new construction or substantial improvements shall be constructed with materials resistant to flood damage.
d. All new construction or substantial improvements shall 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.
2. Utilities:
a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
b. All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters.
c. On-site waste disposal systems shall be designed or located to avoid impairment to them or contamination from them during flooding.
B Temporary Structures. All temporary structures associated with festivals, carnivals or other temporary uses placed on sites within Zones A1-30, AE, AH, AO, and A on the city's FIRM or area that has been identified as a flood hazard area through the use of Best Available Data are required to:
1. Be on the site for fewer than thirty (30) consecutive days.
2. Have a plan in place for the removal of the structure including a list of necessary supplies, tools, and resources needed to achieve the removal.
3. Be capable of being removed within twelve (12) hours.
C. Temporary Storage: All temporary storage of materials or equipment on sites within Zones A1-30, AE, AH, AO, and A on the city's FIRM or area that has been identified as a flood hazard area through the use of Best Available Data are required to:
1. Be on the site for fewer than thirty (30) consecutive days and no more than ninety (90) cumulative days within a calendar year.
2. Have a plan in place for the removal of the equipment or materials including a list of necessary supplies, tools, and resources needed to achieve the removal.
3. Have proper documentation to support when the materials or equipment are moved on and off the site.
D. Substantial Improvement: Any combination of repair, reconstruction, rehabilitation, addition, or improvement of a building or structure, if the cumulative cost of the entire project equals or exceeds fifty (50) percent, unless a higher standard option is selected below, of the market value of the structure only (not of the structure and land value combined) before the improvement or repair is started then the work shall be considered as substantial improvement. If the structure has sustained substantial damage, any repairs are considered substantial improvements regardless of the actual repair work performed. For Substantial Damage, refer to subsection 12-1-5.F. Substantial Damage. The term does not, however, include either:
1. Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.
2. Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.
E. Cumulative Substantial Improvement: The City has elected a higher standard option that includes a cumulative substantial improvement threshold that is defined as:
Substantial Improvement shall also include any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure taking place within a selected five (5)-year timeframe.
F. Substantial Damage: Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed fifty (50) percent of the market value of the structure only, unless a higher standard option is selected, before the damage occurred. This term also applies to structures which have incurred any damage that equals or exceeds fifty (50) percent of the structure's market value regardless of the actual repair work performed. When a structure or building has been determined as substantially damaged, any work or repair on said structure or building will be considered as substantial improvement and will be required to meet the development requirements set forth within this chapter for substantial improvement.
G. Substantial Improvement and Substantial Damage Determination: For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the applicable City officials and staff, shall:
1. Estimate the market value or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure only, not of land and building, before the start of construction of the proposed work. In the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.
2. Compare the cost to perform the improvement, the cost to repair a 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.
3. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; the determination requires evaluation of previous permits issued for improvements and repairs as specified in the subsection 12-1-5.D. Substantial Improvement and subsection 12-1-5.E. Cumulative Substantial Improvement.
4. Utilize FEMA's Substantial Improvement/Substantial Desk Reference when making anydetermination on Substantial Improvement and/or Substantial Damage.
5. The substantial improvement regulations apply to all of the work that is proposed as theimprovement, even if multiple permits are issued. Therefore, the determination of thecost of the improvement should consider all costs of all phases of the work beforeissuance of the first permit.
6. Notify the applicant that if it is determined that the work constitutes substantialimprovement or repair of substantial damage and that compliance with the flood, thisordinance is required.
H. Specific Standards: In all SFHAs and areas of known or suspected flood risk areas, the following provisions shall apply:
1. Residential Construction: New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to the BFE, unless a free-board option is noted below. If a free-board option is noted, new construction and substantial improvement shall have the lowest floor (including basement) elevated to the free-board elevation. A registered professional engineer, architect, or land surveyor shall submit certified elevations to the Floodplain Administrator that the standards of this chapter are satisfied.
a. Residential Construction Freeboard: The City has elected to adopt a free-board requirement of one (1) foot of free-board meaning the lowest floor shall be built 1.0 foot above the BFE.
b. Residential Construction Setback: For all new construction and substantial improvement of any residential structure outside SFHAsbut within fifty (50) feet of an SFHA, the following minimum requirements shall apply:
(1) The minimum setback distance from the edge of a flood hazard area to the nearest wallof a basement shall be fifty (50) feet.
(2) The lowest floor level elevation (including crawlspace and basement) shall be no lessthan the closest adjacent BFE.
(3) The lowest opening shall be no less than 1.0 foot above the closest adjacent BFE.
2. Non-Residential Construction:
a. New construction and substantial improvements of any commercial, industrial, or othernon-residential structure shall either have the lowest floor (including basement) elevated to the base flood level, unless a freeboard option is noted below, or together with attendant utility and sanitary facilities, shall meet the following provisions:
(1) Be designed so that below the base flood level the structure is watertight withwalls substantially impermeable to the passage of water and with structuralcomponents having the capability of resisting hydrostatic and hydrodynamicloads and effects of buoyancy.
(2) Have a registered professional engineer or architect develop and/or reviewstructural design, specifications, and plans for the construction and certify thatthe design and methods of construction are in accordance with acceptedstandards of practice as outlined in this subsection.
b. A record of such certification that includes the specific elevation (in relation tomean sea level) to which such structures are floodproofed shall be maintainedby the Floodplain Administrator.
(1) If the use or occupancy of the building changes in the future to residential, then the dryfloodproofing of the structure cannot be used when determining compliance of thestructure to the residential construction of this chapter, subsection 12-1-5.H.1. Residential Construction, subsection 12-1-5.H.1.a. Residential Construction Freeboard and subsection 12-1-5.H.1.b. Residential Construction Setback. As such, the building will not be grandfathered into compliance and will be required to bebrought into compliance with the residential construction requirements of this chapter.
c, Non-Residential Construction Freeboard: The City has elected to adopt a freeboard requirement of one (1) foot of freeboard for new construction and substantial improvement of any non-residential structure, meaning the lowest floor shall be built 1.0 foot above the BFE.
d. Non-Residential Construction Setback: New construction and substantial improvement of non-residential structure outside areas of special flood hazards but within fifty (50) feet of an SFHA.The following minimum requirements shall apply to construction of non-residential structures:
(1) The minimum setback distance from the edge of a flood hazard area to the nearest wallof a basement shall be fifty (50) feet.
(2) The lowest floor level elevation (including crawlspace and basement) shall be no lessthan the closest adjacent BFE.
(3) The lowest opening shall be no less than 1.0 foot above the closest adjacent BFE.
The development and construction of the structure shall conform to the provision in FEMA/FIA-Technical Bulletins 1, 2, 10 and 11. Certification and documentation from a professional, licensed engineer or architect is required if the structure's lowest floor is built below the BFE.
3. Non-Residential Construction Access (Ingress-Egress): New development proposals will be designed, to the maximum extent practicable, so non-residential building sites, walkways, driveway, and roadways are located on land with a naturalgrade within elevation not less than the BFE and with dry land access.
4. Enclosures:
a. New construction and substantial improvements with fully enclosed areas below the lowestfloor that are to be used solely for parking of vehicles, building access, or storage in an areaother than a basement and that are subject to flooding, shall be designed to automaticallyequalize hydrostatic flood forces on exterior walls by allowing for the entry and exit offloodwaters. Designs for meeting this requirement shall either be certified by a registeredprofessional engineer or architect, or shall meet or exceed the following minimum criteria:
(1) A minimum of two (2) openings having a total net area of not less than one (1) squareinch for every square foot of enclosed area subject to flooding shall be provided.
(2) The bottom of all openings shall be no higher than one (1) foot above grade.
(3) 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. The development and construction of the structure shall conform with the provision in FEMA/Federal Insurance Administration (FIA)-Technical Bulletins 1 and 2. Certification and documentation from a professional, licensed engineer or architect is required if the structure's lowest floor is built below the BFE.
c. Enclosure Non-Conversion Agreement: For any construction that has an enclosure, a non-conversion agreement shall be completed as part of the permitting process. The non-conversion agreement:
(1) Acknowledges the risk associated with this building practice.
(2) Acknowledges the use of the area that was permitted as an enclosure will be used solely on accessory or appurtenant structure of low value whose usage is only for building access, parking, or storage.
(3) Allows for city, state and/or federal officials to conduct periodic inspections to ensure compliance.
5. Crawlspace: New construction and substantial improvements built on a crawlspace or sub-grade (below grade) crawlspace may be permitted if the development is designed and meets or exceeds the standards found in FEMA's Technical Bulletins 1, 2, and 11, which include but are not limited to the following:
a. The structure shall be affixed to a permanent foundation, designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Because of hydrodynamic loads, crawlspace construction is not allowed in areas with flood velocities greater than five (5) feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer.
b. The crawlspace is an enclosed area below the BFE and, as such, shall have openings that equalize hydrostatic pressures by allowing the automatic entry and exit of floodwaters. The bottom of each flood vent opening can be no more than one (1) foot above the LAG.
c. The crawlspace enclosure shall have proper openings that allow equalization of hydrostatic pressure by allowing automatic entry and exit of floodwaters. To achieve this, a minimum of one (1) square inch of flood opening is required per one (1) square foot of the enclosed area subject to flooding.4.Portions of the building below the BFE shall be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawlspace used to elevate the building, but also any joists, insulation, piers, or other materials that extend below the BFE. Ductwork, in particular, shall either be placed above the BFE or sealed from floodwaters.
d. Any building utility systems within the crawlspace shall be elevated above the BFE ordesigned so that floodwaters cannot enter or accumulate within the systemcomponents during flood conditions.
e. The interior grade of a crawlspace below the BFE shall not be more than two (2) feetbelow the LAG.
f. The height of the below-grade crawlspace, measured from the lowest interior grade ofthe crawlspace floor to the bottom of the floor joist of the next higher floor cannotexceed four (4) feet at any point.
g. There shall be an adequate drainage system that removes floodwaters from the interiorarea of the crawlspace. The enclosed area should be drained within a reasonable timeafter a flood event.
6. Manufactured Homes:
a. All manufactured homes to be placed within Zone A on a city's FHBM or FIRM shall be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes shall be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.
b. Manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the city's FIRM on sites outside of a manufactured home park or subdivision; in a new manufactured home park or subdivision; in an expansion to an existing manufactured home park or subdivision; or in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the BFE, unless a higher standard option was selected (reference paragraph 4 of this subsection) and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
c. In A1-30, AH, AO and AE Zones, manufactured homes to be placed or substantially improved in an existing manufactured home park shall be elevated so that the lowest floor is at or above the BFE, unless a higher standard option was selected; or the chassis is supported by reinforced piers no less than thirty-six (36) inches in height above grade and securely anchored.
d. All manufactured homes are placed so that the bottom of the I-beam be at or above the BFE in zones A1-A30, AH, AO, and AE on the city's FIRM plus any applicable free-board as established by this chapter by the City and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
7. Recreational Vehicles: Recreational vehicles placed on sites within Zones A1-30, AH, and AE on the city's FIRM shall either:
a. Be on the site for fewer than one hundred and eighty (180) consecutive days and be fully licensed and ready forhighway use; OR
b. Meet the permit requirements of subsection 12-1-4.D, Permit Procedures, and the elevation and anchoring requirements for "manufactured homes" of this section.
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.
8. Appurtenant or Accessory Structure: Accessory or appurtenant structures not exceeding two hundred (200) square feet in size and located within zones A, A1-A30, AH, AO, or AE shall:
a. Be detached from a residence;
b. As required in the 44 CFR Section 60.3(a)3:
(1) "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;"
(2) "Be constructed with materials resistant to flood damage" below the BFE, be designed to allow for the automatic entry of flood waters and meet all applicable building codes;"
(3) "Be constructed by methods and practices that minimize flood damages;"
(4) "Be constructed with electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities that are designed and/or located to prevent water from entering or accumulating within the components during conditions of flooding;"
c. Comply with the floodway encroachment "no-rise" provisions of the NFIP Regulations;
d. Not be used for human habitation including but not limited to working, sleeping, and living.
e. Include, in the submittal for Floodplain Development Permit, sufficient documentation demonstrating full compliance with this section, including, but not limited to, the use of flood resistant materials, anchoring, and flood openings.
I. 1. Standards for Subdivision Proposals:
a. All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with the provisions of this chapter.
b. All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to floodhazards.
c. All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of this chapter.
d. BFE data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions, which is greater than fifty (50) lots or five (5) acres, or whichever is lesser.
e. All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
f. All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.
2. Standards for Subdivisions Setback: For all residential subdivisions and manufactured home parks outside areas of SFHAs but within fifty (50) feet of an SFHA, the following provisions shall apply:
The following minimum requirements shall apply to construction of non-residential structures within residential subdivision and manufactured home parks:
a. The minimum setback distance from the edge of a flood hazard area to the nearest wall of a basement shall be fifty (50) feet.
b. The lowest floor level elevation (including crawlspace and basement) shall be no less than the closest adjacent BFE.
f. The lowest opening shall be no less than 1.0 foot above the closest adjacent BFE.
The development and construction of the structure shall conform to the provision in FEMA/FIA-Technical Bulletins 1, 2, 10 and 11. Certification and documentation from a professional, licensed engineer or architect is required if the structure's lowest floor is built below the BFE.
3. Standards for Subdivision Access (Ingress-Egress): New subdivision development proposals shall be designed, to the maximum extent practicable, so residential buildings sites, walkways, driveways, and roadways are located on land with a natural grade with elevation not less than the BFE and with dry land access.
J. Properties Removed from the Floodplain by FILLA Floodplain Development Permit shall not be issued for the construction of a new structure or addition to an existing structure on a property removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F), unless such new structure, or substantial improvement or addition complies with the following:
1. Residential Construction: The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), shall be elevated to the elevation noted in subsection 12-1-5.H.1 Residential Construction and subsection 12-1-5.H.1.a. Residential Construction freeboard.
2. Non-residential Construction: The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), shall be elevated to the elevation noted in subsection 12-1-5.H.2 Non-Residential Construction and subsection 12-1-5.H.2.a. Non-Residential Construction freeboard, or together with attendant utility and sanitary facilities be designed so that the structure or addition is watertight to at the elevation noted in subsection 12-1-5.H.2 Non-Residential Construction with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (Ord. 2022-14, 8-23-2022)
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