A. Uses Allowed: All uses allowed by issuance of a floodplain development permit in the floodway shall also be allowed by permit within the flood fringe or regulated flood hazard area with no floodway. Such uses are subject to the requirements of this chapter, with the exception of the encroachment limit of subsection 14-5-5B2 of this chapter. Instead, such uses are subject to the encroachment limits of subsection C10 of this section.
B. Artificial Obstructions: Except for prohibited artificial obstructions listed in subsection 14-5-3B of this chapter, all other artificial obstructions including new construction, substantial improvements, alterations to residential and nonresidential structures (including, but not limited to, manufactured homes, commercial, agricultural and industrial), and related suitable fill or excavation shall be allowed by issuance of a floodplain development permit subject to the general requirements and specific standards within this section and subsection 14-4-5G of this title.
C. General Requirements: An application for a floodplain development permit must demonstrate or meet the following requirements, if applicable.
1. Structures, excavation or fill must not be prohibited by any other statute, regulation, ordinance, or resolution; and must be compatible with subdivision, zoning and any other land use regulations, if any;
2. Structures, excavation or fill must be compatible with local comprehensive plans, if any;
3. Where necessary to meet the appropriate elevation requirement in these regulations, the base flood elevation(s) must be determined by an engineer and utilized in the design and layout of the project demonstrating the design and construction criteria herein are met. For regulated flood hazard areas that do not have a computed and published base flood elevation in the most recently adopted flood insurance study, a base flood elevation must be determined or obtained from a reliable source, utilizing appropriate engineering methods and analyses;
4. Structure must be constructed by methods and practices that minimize flood damage and structures must be reasonably safe from flooding;
5. Adequate surface drainage must be provided around structures;
6. Structure must be constructed with material resistant to flood damage;
7. All construction and substantial improvements must be designed and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
8. Certification by an engineer, architect, land surveyor, or other qualified person must accompany the application where required including for an encroachment analysis, adequacy of structural elevations, base flood elevation determinations, floodproofing, enclosure flood openings and design and construction to withstand the hydrodynamic forces and hydrostatic pressures of flood depths, velocities, impact, buoyancy, uplift forces associated with the base flood and surface drainage. A certification is not intended to constitute a warranty or guarantee of performance, expressed or implied;
9. Structures must have safe access during times of flooding up to the base flood for ordinary and emergency services provided there are no reasonable alternate locations for structures. For manufactured homes, access for a manufactured home hauler is also provided;
10. All applications in the regulated flood hazard area without a floodway must be supported by an encroachment analysis of the proposed use, a thorough hydrologic and hydraulic analysis except as provided in the following sections, prepared by an engineer to demonstrate the effect of the structure on flood flows, velocities, and the base flood elevation:
a. The maximum allowable encroachment is certified to be at or less than 0.5 foot increase to the base flood elevation unless approval of an alteration of the regulated flood hazard area pursuant to section 14-3-14 of this title and an approved FEMA conditional letter of map revision occurs before permit issuance;
b. An encroachment analysis is not required for any development in the flood fringe where an accompanying floodway has been designated within the regulated flood hazard area; and
c. Although all other development standards herein apply, a minimal or qualitative encroachment analysis may be accepted when the project or development does not require a structure, alteration of the floodplain, involve fill, grading, excavation or storage of materials or equipment and also is certified by an engineer to not exceed the allowable encroachment;
11. Elevating the lowest floor may be by either suitable fill, foundation wall enclosure, stem walls, pilings, posts, piers, columns or other acceptable means;
12. Crawl space foundation enclosures including subgrade crawl space enclosures below the lowest floor must meet the wet floodproofing requirements of chapter 7 of this title and be designed so that the crawl space floor is at or above the base flood elevation. Crawl space foundations must have an inside dimension of not more than five feet (5') from the ground to the top of the living floor level and a subgrade crawl space must also have the interior ground surface no more than two feet (2') below the exterior lowest adjacent ground surface on all sides. A subgrade foundation exceeding either dimension is a basement.
D. Construction Of Residential Buildings: New construction, alterations, and substantial improvements of residential buildings including manufactured homes and the replacement of manufactured homes, must be constructed such that:
1. The lowest floor elevation of the building including an attached garage or basement must be two feet (2') or more above the base flood elevation;
2. The general requirements for all applications outlined in subsection C of this section are met;
3. Enclosures of elevated buildings cannot be dry floodproofed. Use for an enclosure is limited to facilitating building component access. The enclosure including a crawl space must be wet floodproofed and the enclosure floor must be at or above the base flood elevation. An attached garage floor must be two feet (2') or more above the base flood elevation;
4. Suitable fill used to elevate a structure shall meet the requirements of subsection G of this section outlined in this chapter; and
5. Recreational vehicles on site for more than one hundred eighty (180) days or not ready for highway use must meet the requirements for manufactured homes for residential use.
E. Construction Of Nonresidential Structures: New construction, alterations, and substantial improvements of nonresidential structures including agricultural, commercial and industrial buildings and residential and nonresidential accessory buildings must be constructed such that:
1. The lowest floor elevation of the building must be elevated two (2) or more feet above the base flood elevation, or the building must be adequately dry floodproofed according to chapter 7 of this title. The lowest floor may be wet floodproofed provided the use is limited to only parking, loading and storage of equipment, or materials not appreciably affected by floodwater;
2. Enclosures below the lowest floor on elevated buildings must be wet floodproofed and the use must be limited to parking, access, loading areas, and storage of equipment or materials not appreciably affected by floodwaters or must be adequately dry floodproofed according to chapter 7 of this title; and
3. Floodproofing of electrical, heating and plumbing systems shall be accomplished in accordance with chapter 7 of this title.
F. Manufactured Homes: For new placement, substantial improvement or replacement of manufactured homes for residential or nonresidential use including additions:
1. The requirements of subsection D of this section must be met;
2. The chassis must be secure and must resist flotation, collapse, or lateral movement by anchoring with anchoring components capable of carrying a force of four thousand eight hundred (4,800) pounds and as follows:
a. For manufactured homes less than fifty feet (50') long, over the top ties to ground anchors are required at each of the four (4) corners of the home, with two (2) additional ties per side at intermediate locations;
b. For manufactured homes more than fifty feet (50') long, frame ties to ground anchors are required at each corner of the home with five (5) additional ties per side at intermediate points; and
3. Manufactured homes proposed for use as a nonresidential building including commercial or industrial, must be elevated and anchored, rather than dry floodproofed.
G. Structural Fill Material: Structural fill material used to elevate structures, including, but not limited to, residential and nonresidential buildings must be certified to meet the following requirements:
1. The filled area must be at or above the base flood elevation and extend at least fifteen feet (15') beyond the structure in all directions;
2. Fill material must be suitable fill that is stable, compacted, well graded, pervious, not adversely affected by water and frost, devoid of trash or similar foreign matter, devoid of tree stumps or other organic material, and is appropriate for the purpose of supporting the intended use and/or permanent structure;
3. The fill must be compacted to minimize the settlement and compacted to ninety five percent (95%) of the maximum density. Compaction of earthen fill must be certified by an engineer;
4. No portion of the fill is allowed within the floodway; and
5. The fill slope must not be steeper than one and one-half (11/2) horizontal to one vertical unless substantiating data justifying a steeper slope is provided and adequate erosion protection is provided for fill slopes exposed to floodwaters.
H. Roads, Streets, Highways And Rail Lines: Roads, streets, highways and rail lines shall be designed to minimize any increase in flood heights. Where failure or interruption of transportation facilities would result in danger to the public health or safety, the facility shall be located two feet (2') above the base flood elevation.
I. Structures For Agricultural Purposes: Agricultural structures not intended to be insurable, used solely for agricultural purposes, have a low flood damage potential, used exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities including raising of livestock, and not intended for human habitation such as sheds, barns, shelters, and hay or grain storage structures are exempt from the elevation requirement, dry or wet floodproofing, but shall:
1. Be located on higher ground and as far from the channel as possible;
2. Offer minimal obstruction to flood flows;
3. Be adequately anchored to prevent flotation or collapse;
4. Where electrical, heating and plumbing systems are installed, meet the floodproofing requirements located in chapter 7 of this title; and
5. Meet the elevation or dry floodproofing requirements if the structure is an animal confinement facility.
J. Large Scale Clearing Of Riparian Vegetation: Proposed development shall not have any large scale clearing of riparian vegetation within fifty feet (50') of the mean annual high water mark. (Ord. 15-16, 10-5-2015)