Chapter XVI · Zoning and Planning

ARTICLE 2. FLOOD PLAIN ZONING

Sections 16-201 to 16-211 · 11 sections

16-201 Enforcement; city administrator.

The city administrator hereby has these added responsibilities and is authorized and directed to enforce all of the provisions of this article and all other ordinances of the city now in force or hereafter adopted relating to zoning, subdivision or building codes.

(Code 1988)

16-202 Appointment.

The city administrator shall be appointed to these additional responsibilities by resolution of the governing body and his or her appointment shall continue during good behavior and satisfactory service. During temporary absence or disability of the city administrator, the governing body of the city shall designate an acting enforcement official.

(Code 1988)

16-203 Map designated.

The governing body hereby designates the current Flood Hazard Boundary Map/Flood Insurance Rate Map, and amendments as the official map to be used in determining those areas of special flood hazard.

(Code 1988)

16-204 Permits required.

No person shall erect, construct, enlarge or improve any building or structure in the city or cause the same to be done without first obtaining a separate development permit for each building or structure.

(a)Within Zone(s) A on the official map, separate development permits are required for all new construction, substantial improvements and other developments, including placement of manufactured homes.

(b)Application: To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished for that purpose. Every application shall:

(1)Identify and describe the work to be covered by the permit for which application is made.

(2)Describe the land on which the proposed work is to be done by lot, block, tract and house and street address, or similar description that will readily identify and definitely locate the proposed building or work.

(3)Indicate the use or occupancy for which the proposed work is intended.

(4)Be accompanied by plans and specifications for proposed construction.

(5)Be signed by the permittee or his or her authorized agent who may be required to submit evidence to indicate such authority.

(6)Within designated floodplain areas, be accompanied by elevations (in relation to a mean sea level) of the lowest floor (including basement) or in the case of floodproofed nonresidential structures, the elevation to which it shall be floodproofed. Documentation or certification of such elevations will be maintained by the city administrator.

(7)Give such other information as reasonably may be required by the city administrator.

(Code 1988)

16-205 Permit review.

The city administrator shall review all development permit applications to determine if the site of the proposed development is reasonably safe from flooding and that all necessary permits have been received as required by federal or state law.

(Code 1988)

16-206 Same; procedures.

The city administrator in reviewing all applications for new construction, substantial improvements, prefabricated buildings, placement of manufactured homes and other developments (as defined in section 16-211) will:

(a)Obtain, review and reasonably utilize, if available, any regulatory flood elevation data and floodway data available from federal, state and other sources, until such other data is provided by the Federal Insurance Administration in a flood insurance study; and require within areas designated as Zone A on the official map that the following performance standards be met:

(1)Residential Construction -- New construction or substantial improvement of any residential structure shall have the lowest floor, including the basement, elevated to or above the base flood elevation.

(2)Nonresidential Construction -- New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including the basement elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below such a level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the local enforcement official.

(3)Require for all new construction and substantial improvements that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. 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)Require the use of construction materials and utility equipment that are resistant to flood damage.

(c)Require the use of construction methods and practices that will minimize flood damage.

(d)Require that new structures 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.

(e)New structures 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.

(f)Assure that all manufactured homes shall be anchored to resist flotation, collapse, or lateral movement. Manufactured homes must be anchored in accordance with state laws, local building codes and FEMA guidelines. In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met:

(1)Over-the-top ties be provided at each of the four corners of the manufactured home with two additional ties per side at intermediate locations and manufactured homes less than 50 feet long requiring one additional tie per side.

(2)Frame ties be provided at each corner of the home with five additional ties per side at intermediate points and manufactured homes less than 50 feet long requiring four additional ties per side.

(3)All components of the anchoring system be capable of carrying a force of 4,800 pounds.

(4)Any additions to the manufactured home be similarly anchored.

(g)Require that all manufactured homes to be placed within Zones A 1-30, AH, and AE on the community’s FIRM be elevated on a permanent foundation such that the lowest floor of the manufactured home be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and. be securely anchored to an adequately anchored foundation system in accordance with the provisions of section 16-309(g).

(Code 1988)

16-207 Application review.

The governing body shall review all subdivision applications and other proposed new developments, including manufactured home parks or subdivisions and shall make findings of fact and assure that:

(a)All such proposed developments are consistent with the need to minimize flood damage.

(b)Subdivision proposals and other proposed new developments (including proposals for manufactured home parks and subdivisions), greater than five acres or 50 lots, whichever is lesser, include within such proposals regulatory flood elevation data in areas designated Zone A.

(Code 1988)

16-208 New water and sewer, etc.

New and replacement water and sewer systems shall be constructed to eliminate or minimize infiltration by or discharge into floodwaters. Moreover, on-site waste disposal systems will be designed to avoid impairment or contamination during flooding.

(Code 1988)

16-209 Flood carrying capacity.

The governing body shall insure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. The city will notify in riverine situations, adjacent communities and the state coordinating office prior to any alteration or relocation of a water course and submit copies of such notifications to the Federal Emergency Management Agency. Moreover, the city will work with appropriate state and federal agencies in every way possible in complying with the National Flood Insurance Program in accordance with the National Flood Disaster Protection Act of 1973.

(Code 1988)

16-210 Regulations.

This article shall take precedence over conflicting ordinances or portions of ordinances. The governing body may, from time to time, amend this article to reflect any and all changes in the National Flood Disaster Protection Act of 1973. The regulations in this article are in compliance with the National Flood Insurance Program Regulations as published in Title 44 of the Code of Federal Regulations.

(Code 1988)

16-211 Definitions.

Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this article its most reasonable application.

Area of Special Flood Hazard. The land within a community subject to a one percent or greater chance of flooding in any given year. This land is identified as Zone A on the official map.

Development. Any man-made change to improved or unimproved real estate, including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

Flood. A temporary rise in stream’s flow or stage that results in water overflowing its banks and inundating areas adjacent to the channel or an unusual and rapid accumulation of runoff or surface waters from any source.

Floodproofing. Any combination or structural and nonstructural additions, changes or adjustments to structures, including utility and sanitary facilities, which will preclude the entry of water. Structural components shall have this capacity of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.

Start of Construction. (For other than new construction or substantial improvements under the Coastal Barrier Resources Act) includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as cleaning, grading and filling. Nor does it include the installation of streets and/or walkways; nor does it include the excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

Manufactured Home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term manufactured home also includes park trailers, travel trailers or other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term manufactured home does not include park trailers, travel trailers, and other similar vehicles.

Manufactured Home Park (Subdivision). A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Regulatory Flood Elevation. The water surface elevation of the 100-year flood.

Structure. A walled and roofed building, including a gas or liquid storage tank that is principally above ground, including but without limitation to buildings, factories, sheds, cabins, manufactured homes and other similar structures.

Substantial Improvement. Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (a) before the improvement is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any alteration to comply with existing state or local health, sanitary, building or safety codes or regulations as well as structures listed in national or state registers or historic places.

100-Year Flood. The condition of flooding having a one-percent chance of annual occurrence.

(Code 1988)