1329.10 ENCROACHMENTS.
   (a)   Areas of special flood hazard where base flood elevation data have not been provided by FEMA are designated as A Zones on the community's Flood Insurance Rate Map. In accordance with Section 1329.17, the Building Director must utilize any available flood data, including data pertaining to the delineation of a flood way, to regulate development within A Zones. The flood way is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential. The following provisions apply within all delineated flood way areas:
      (1)   Encroachments are prohibited, including fill, new construction, substantial improvements and other development, unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
      (2)   If subsection (a)(1) hereof is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this chapter.
    (b) Areas of special flood hazard where base flood elevation data have been provided by FEMA, as set forth in Section 1329.17, are designated as AE Zones (or numbered A Zones) on the community's Flood Insurance Rate Map. Within these areas the following provisions apply:
      (1)   New construction, substantial improvements, or other development (including fill) shall only be permitted if it is demonstrated that the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one (1) foot at any point.
      (2)   If subsection (b)(1) hereof is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this chapter.
         (Ord. 1999-02. Passed 1-11-99.)