HomeMy WebLinkAboutOrdinance 03-1989 �
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ORDINANCE N0. 3-89
FLOOD DAMAGE PREVENTION ORDINANCE
An Ordinance amending Chapter 14 1/2 of the Brookings Code of
Ordinance pertaining to Flood Damage Prevention.
The governing body of the City of Brookings has adopted Ordinance
No. 3-89 which substantially revises Chapter 14 1/2 of the Revised
Ordinances of the City of Brookings. Anyone interested in obtaining
or reviewing a copy of Ordinance No. 3-89 may do so by contacting the
City Finance Office at 311 3rd Avenue, Brookings, South Dakota.
First Reading: March 28 , 1989
Second Reading and Adoption: April 4, 1.989
Published: April 7, 1989
Published: April 14, 1989
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Theo. C. Kryger Gail A. Robertson
Finance Officer Mayor
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�9-1o�.4f3 ' ,. � MUNICIPAL GOVERNMENT
�• . ' • ou�e; SL 1890, ch 37, art 1V. � 16; n►
• . 9-16-48. �-Validation of pensions and benefits previously paid. In all o��1903,� 1213:SL 1913,ch 119,� 35;RC tu
. cases if a municipal retirement system or a city has,prior to�uly 1, 1985,paid - �9 § g244; SDC 1939, § 45.1003; SL 1947, p
any pension or other benefit out of funds provided by the city, the pensions or �h 197; 1972, ch 49; �ss2, ch 73• o
other benefits and all proceedings thereon, contracts made or performed,ordi. . end�►1en�' t'
nances or regulations established, and any levy and appropriation of taxes or �he 19s2 amendment�nsert.�d"The title oC'
revenues for payment thereof, are hereby declared to be valid and legal, not- at �1e beq�nning of the firat sentence; and a
withstanding any defect or irregularity, other than constitutional defects, in
any of the pavments, contracts, ordinances or regulations, including, but not . . �,;; e recording and pu
limited to, any conflict with any state statute existing at the time of pay- -' 8,1g$. Passag , g
ments. � � °' � � lution maY be P�ed after one readin �
�u�og�he meeting at which it is pa
Source: SL 1979, ch 53, § 2; 1984, ch 56, not validate paymenta made in excees of the : pf pptes foI'and agE��t it. SuCh resolut'l
§ 5i; 1986, ch 72. ���• � limitiation provided by §,9-16-17^ � of the minutes or separately.
The 1986 amendtnent,near the beginning of p
Amendmenta. , the section, substituted"if a municipal retire- gC 1919,� 6251;SL 1921,ch 315;
The 1984 amendment deleted an ending een- ment syatem or a city'for"where a city'after ��' 45.1009; SL 1987, ch 77•
tence which read:"However,thia eection shall 'In all caees'and advanced the date from July g� 1939, �
1, 1979 to July 1, 1985.
CHAPTER 9-19 g.19-13. Effective date of resolu
ORDINANCES AND RESOLUTIONS g�ferences.
�� valorem taz urdinance of city or
Section
��ff ve date, � 1U-52-9.
9-19-7. Reading, passage and publication of ordinances— Codes incorporated by reference. . •
9-19-8. Paesage, recording and publication of resolutions. , COm ilation of ordinan'
9-19-15. Compilation of ordinances — Free copies. � J.19-15: P
9-19-17. Notioe of adoption of ordinance in reviaion— Effective date— Publication in book �ay compile i� °eal��for p bl cati�
form. � than once m five y
9-19-20. Firearma regulation ordinancee pmhibiced. e�e�Ve wrlthout publication as req�
- :-J�; � The nnunicipal auditor or clerk aha
9-18-1.. DeSnition ,of terms: ;�:�� � ' - circuit clerk of court and the county
" � '' � municipality is situated., •
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Oral Motion. election. Baker�v. Jackeon (198b) 372 NW 2d� -�i�:�� . ' .. g. 1909, ch 5U
An oral motion is a "reeolution" or "ordi- 142. • • ' � gou� 3L 1907.ch 94. 4 '
nance" and ie thua subject to a referendum 1913,ch 119+4 3?%RC 1919,4 6169(82);SDI
` ' . -.�� . 1939, 4 45.0201 (20); SL 1984, ch 57, 4 1.
9-19-7. Reading, passage and publication of ordinances — Codea � �� �
incorporated by reference. The title of all ordinances shall be read twice
with at least five days intervening between the first and second reading. The 9-19-17. Notice of adoption of�
ordinance shall be signed by the mayor or acting mayor or president of the — Publication in book form• i3l
board of trustees, filed with the auditor or clerk, and published once except revises the ordinances of the munici
that an ordinance inco oratin and ado tin com rehensive re lations or a or clerk shall publish a notice of the
code promulgated, approved, and published by a recognized and established the official newspaper,and twenty�
national organization prescribing building, electrical, plumbing, safety, fire, notice.Unless the referendum is in�
health or milk regulations need not be published in a newspaper without publicatib ay�ay publ s�
� The governing
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auditor or clerk shall furnish a free
,and twenty ays a er t e completed pu ica ion `suc �notice,un ess to the circuit clerk of court and the
referendum shall have been invoked, such ordinance shall become ef�'ective. the municipality is situated.
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ORDINANCE N0. 3 — 89
FLOOD DAMAGE PREVENTION ORDINANCE
AN ORDINANCE AMENDING CHAPTER 14 1/2 OF THE BROOKINGS
CODE OF ORDINANCES PERTAINING TO FLOOD DAMAGE PREVENTION.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
BROOKINGS, SOUTH DAKOTA
I . That ChaPter 14 1/2 be and the same is herebY amended to read
as follows, to wit :
1 . 1 STATUTORY AUTHORIZATION
The Legislature of the State of South Dakota has,
in SDCL Chapter 11-4, dele�ated the responsibility to
local government units to adopt regulations designed to
promote the public health, safety, and general welfare
of its citizenry.
1 . 2 FINDINGS OF FACT
( 1 ) The flood hazard areas of Brookings
are subJect to periodic inundation which
results in loss of life and property,
health and safety hazards, disruption
of commerce and governmental services ,
extraordinary public expenditures for
flood protection and relief , and
impairment of the tax base, all of
which adversely affect the public
health, safety and general welfare .
(2) These flood losses are caused by the
cumulative effect of obstructions in
areas of special flood hazard which
increase flood heights and velocities,
and when inadequately anchored, damage
uses in other areas . Uses that are
inadequately floodproofed, elevated
or otherwise protected from flood
damage also contribute to the flood
loss .
1 . 3 STATE'�NT OF PURPOSE
It is the purpose of this ordinance to promote the
public health, safety, and general welfare, and to
minimize public and private losses due to flood
conditions to specific areas by provisions designed:
( 1 ) To protect human life and health;
(2) To minimize expenditure of public money for
costly flood control pro�ects;
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(3) To minimize the need �or rescue and relief
efforts associated with flooding and
generally undertaken at the expense of the
general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and
utilities such as water and gas mains,
electr�ic, telephone and sewer lines, streets
and bridges located in areas of special
flood hazard;
(6) To help maintain a stable tax base by
providing for the sound use and development
of areas of special flood hazard so as to
minimize future flood blight areas;
(7) To ensure that potential buyer-s are notified
that property is in an area of special flood
hazard; and,
(8) To ensure that those who occUpY the areas of
special flood hazard assume responsibility
for their actions .
1 .4 METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance �
includes methods and provisions for:
( 1 ) Restricting or pr�ohibiting uses which are
dangerous to health, safety, and property
due to water or erosion hazards, or which
result in damaging increases in erosion or in
flood heights or velocities;
(2) Requiring that uses vulnerable to floods,
including facilities which sei�ve such uses,
be protected against flood daiTiage at the time
of initial construction;
(3) Controlling the alteration of natural
floodplains, stream channels, and
natural protective barriers, which help
accommodate or channel flood waters;
(4) Controlling filling, grading, dredging,
and other development which may increase
flood damage; and,
(5) Preventing or r-egulating t1�e construction of
flood barriers which will unnaturally divert
flood waters or which may increase flaod
hazards in other areas .
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SECTION 2 . 0
DEFINITIONS
Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted so as to give them the
meaning theY have in conunon usage and to give this ordinance its
most reasonable application.
"Appeal " means a request for a review of the City Zoning
Officer 's interpretation of any provisions of this ordinance or
a reQuest for a variance.
"Area of special flood hazard" means the land in the
flood plain subJect to a one percent or greater chance
of flooding in any given Year.
"Base flood" means the flood having a one percent chance of
being equalled or exceeded in any given year.
"Development" means 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 located within
the area of special flood hazard.
"Existing manufactured home park or subdivision" means a
manufactured home park for which the construction of facilities
for servicing the lot on which the manufactured homes are to be
affixed ( including, at a minimum, the installation of utilities,
either final site grading or the pouring of concrete pads, and
the construction of streets) are completed before the effective
date of the floodplain management ordinance as originally
enacted.
"Expansion to existing manufactured home park or
subdivision" means the preparation of additional sites by the
construction or facilities for servicing the lots on which the
manufactured homes are to be affixed ( including the installation
of utilities , either final site grading or pouring of concrete
pads , or the construction of streets) .
"Flood" oi- "flooding" means a general and temporary
condition of Fartial or complete inundation of normally drY land
areas from:
( 1 ) The overflow of inland waters and/or
(2) The unusual and rapid accumulation or runoff of
surface waters from anY source .
"Flood Insurance Rate Map (FIRM) " means the official map on �
which the Federal Emer3ency Management Agency has delineated bo�.h
the areas of sPecial flood hazards and the risk premium zones
applicable to the communitY.
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"Flood Insurance Study" means the official report provided
by the Federal Emergency Management Agency that includes flood
profiles, the Flood BoundarY—Floodway Map, and the water surface
elevation of t.he base flood.
"Floodway" means the channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the
water surface elevation more than one foot .
"Lowest floor" means the lowest floor of the lowest enclosed
area ( including basement) . An unfinished or flood resistant
enclosure, usable solely for parking of vehicles, building access
or storage , in an area other than a basement area, is not
considered a building ' s lowest floor, provided that such
enclosure is not built so as to render the structure in violation
of the applicable non—elevation design requirements of this
ordinance .
"Manufactured home" means 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 . This term also includes
park trailers, travel trailers and other similar vehicles placed
on a site for greater than 180 consecutive days .
"Manufactured home park or subdivision means a parcel (or
contiguous parcels) of land divided into two or more manufactured
home lots for rent or sale .
"New construction" means structures for which the "start of
construction" commenced on or after the effective date of this
ordinance .
"Stai-t of construction" 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 fir-st 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 preparaton, such as clearing, grading and
filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporar-y
forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure .
"Sti-ucture" means a walled and roofed building or
manufactured home that is principally above ground.
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"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:
( 1 ) before the improvement or repair is started, or
(2) if the structure has been damaged and is being
restored, before the damage occurred. For the
purpose of this defintion, "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 either:
( 1 ) any project for improvement of a structure to
comply with existing State or local health.
sanitary, or safetY code specifications
which are solely necessary to assure safe living
conditions, or
(2) anY alteration of a structure listed on the National
Register of Historic Places or a State Inventory of
Historic Places .
"Variance" means a grant of relief from the requirements of
this ordinance which permits construction in a manner that would
otherwise be prohibited bY this ordinance .
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SECTION 3. 0
GENERAL PROVISIONS
3 . 1 LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas of special
flood hazards within the �urisdiction of the City
of Brookings . South Dakota.
3. 2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FL�OD
HAZARD
The areas of special flood hazard identified bY the
Federal Emergency Management Agency in a scientific
and engineering report entitled, "The Flood Insurance
Study for the City of Brookings, South Dakota" dated
April 1978, with an accompanying Flood Insurance Rate
Map (FIRM) is hereby adopted by reference and declared
to be a part of this ordinance . The Flood Insurance
StudY and FIRM are on file at the Brookings City
Engineer' s Office . 311 Third Avenue, Brookings , South
Dakota.
3 . 3 COMPLIANCE
No structure or land shall hereafter be constructed,
located, extended, converted or altered without full
compliance with the terms of this ordinance and other
applicable regulations .
3 .4 ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal , abrogate, or
impair anY existing easements , covenants , or deed
restrictions . However, where this ordinance and
another ordinance , easement , covenant , or deed
restriction conflict or overlap , whichever imposes the
more stringent restrictions shall prevail .
3 .5 INTERPRETATION
In the interpretation and application of this
ordinance, all provisions shall be :
il ) Considered as minimum requirements ;
(2) Liberally construed in favor of the
governing body; and,
(3) Deemed neither to limit nor repeal �
any other powers granted under State
statutes .
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3. 6 WARNING AND DISCLAIMER OF LIABILITY
The degree of €lood protection required by
this ordinance is considered reasonable for
regulatory purposes and is based on scientific and
engineering considerations . Larger floods can and
will occur on rare occasions . Flood heights may be
increased bY n�an-made or natural causes . This
ordinance does not imply that land outside the areas
of special flood hazard or uses permitted within
such areas will be free from flooding or flood damages .
This ordinance shall not create liability on the part
of the City of Brookings, South Dakota, any
officer or employee thereof, or the Federal
Emergency Management Agency for anY flood damages that
result from retiance on this ordinance or any
administrative decision lawfully made thereunder.
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SECTION 4 . 0
ADMINISTRATION
4. 1 REQUIRF.MENT FOR A BUILDING OR DEVELOPMENT PERMIT
A building or development permit shall be obtained
before construction or development begins within any
area of special flood hazard established in S�ction
3 . 2 . Application for a building or development permit
shall be made on forms furnished by the City Zoning
Officer and may include , but not be limited to:
Plans in duplicate drawn to scale showing the nature,
location, dimensions, and elevations of the area in
question; existing or proposed structures, fill ,
storage of materials, drainage facilities; and the
location of the foregoing. Specifically, the
following information is required:
( 1 ) Elevation in relation to mean
sea level of the lowest floor
( including basement) of all
structures ;
(2) Elevation in relation to mean
sea level to which any structure
has been floodproofed;
(3) Certification by a registered
professional engineer or architect
that the floodproofing methods for
anY non—residential structure
meet the floodproofing criteria in
Section 5 . 2-2; and,
(4) Description of the extent to which
any watercourse will be altered or
relocated as a result of proposed
development .
4 . 2 DESiGNATION OF THE CITY ZONING OFFICER
The City Zoning Officer is hereby appointed to
administer and implement this ordinance by granting or
denYing building or development permit applications
in accordance with its provisions .
4. 3 DUTIES AND RESPONSIBILITIES OF THE CITY ZONING OFFICER
Duties of the City Zoning Officer shall include, but
not be limited :
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4. 3-1 Permit Review
( 1 ) Review all building or development permits to
determine that the permit requirements of this
ordinance have been satisfied;
(2) Review all building or development permi�ts to
determine that all necessary permits have been
obtained from Federal , State, or local
governmental a3encies from which prior approval is
required.
(3) Review all building or development permits to
determine if the proposed development is located
in the floodway. If located in the floodway,
assure that the encroachment provisions of Section
5 .3( 1 ) are met .
4. 3-2 Use of Other Base Flood Data
When base flood elevation data has not been provided
in accordance with Section 3 . 2 . BASIS FOR ESTABLISHING
THE AREAS OF SPECIAL FLOOD HAZARD, the City Zoning
Officer shall obtain, review, and reasonably utiTize
any base flood elevation and floodway data available
from any Federal , State, or other source as criteria
for requiring that new construction, substantial
improvements, or other development in Zone A are
administered in accordance with Section 5 . 2, SPECIFIC
STANDARDS.
4. 3-3 Information to be Obtained and Maintained
( 1 ? Obtain and record the actual elevation ( in
relation to mean sea level } of the lowest floor
( including basement) of all new or
substantially improved structures,
and whetY►er or not the structure contains a
basement.
(Z) For all new or substantiallY improved flood
proofed structures :
( i) Verify and record the
actual elevation (in
relation to mean sea
level ) to which the
structure has been
floodproofed.
(ii) Maintain the floodproofing . "
certifications required in
Section 4. 1 (3) .
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(3) Maintain for public inspection all records
pertaining to the provisions of this ordinance .
4. 3-4 Alteration of Watercourses
( 1) Notify ad�acent communities, the County Drainage
Officer and the State Division of Disaster and
Emergency Services prior to any alteration or
relocation of a water course, and submit evidence
of such notification to the Federal Ernergency
Management Agency.
(2) Require that maintenance is provided within the
altered or relocated portion of said watercourse
so that the flood—carrying capacity is not
diminished.
4 .3-5 Interpretation of FIRM Boundaries
Make interpretations, where needed, as to the exact
location of the boundaries of the areas of special
flood hazard (for example, where there appears to be
a conflict between a mapped boundary and actual field
conditions) . The person contesting the location of
the boundarY shall be given a reasonable opportunity
to appeal the interpretation as provided in Section
4.4.
4.4 VARIANCE PROCEDURE
( 1 ) The Board of Ad�ustment , as established bY
the City of Brookings , shall hear and
decide appeals and request for variances from
requirements of this ordinance .
(2) The Board of Adjustment shall hear and decide
appeals when it is alleged there is an error in
any requirement , decision, or determination made
by the City Zoning Officer in the enforcement or
administration of this ordinance .
(�} Those aggrieved by the decision of the Board of
Adjustment or any taxpayer, may appeal such
decisi�ns to the Circuit Court , as provided in
SDCL 11-4-25 .
(4) In passing upon such applications, the Board of
Ad�ustment shall consider all technical .
evaluations, all relevant factors, standards
specified in other sections of this ordinance,
and:
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(i) the danger that materials may be
swept onto other lands to the
in�ury of others;
(ii) the danger to life and property due
to flooding or erosion damage;
( iii) the susceptibility of the proposed
facility and its contents to flood
damage and the effect of such
damage on the individual owners;
(iv) the importance of the services
provided by the proposed facility to
the community;
(v) the availability of alternative
locations for the proposed use
which are not sub�ect to flooding
or erosion damage;
(vi ) the compatibility of the proposed
use with the existins and
anticipated development;
(vii) the relationship of the proposed
use to the comprehensive plan and
floodplain management program for
that area;
(viii) the safety of access to the
property in times of flood for
ordinary and emergency vehicles;
(ix) the expected heights, velocity,
duration, rate of rise and
sediment transport of the flood
waters and the effects of wave
action, if applicable , expected
at the site; and,
(x) the costs of providing governmental
services during and after flood
conditions, including maintenance
and repair of public utilities and
facilities such as sewer, gas,
electrical , and water systems,
streets and bridges . �
(5) Upon consideration of the factors of Section
4.4-1 (�) and the purposes of this ordinance, the
Board of AdJustment may attach such conditions
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to the granting of variances as it deems
necessary to further the purposes of this
ordinance.
(6) The City Zoning Officer shall maintain the
records of all appeal actiorrs, including technical
information, and report any variances to the
Federal Emergency Management Agency.
4.4-2 Conditions for Variances
( 1) Generally, variances may be issued for new
construction and substantial improvements to be
erected on a lot of one—half acre or less in
size conti3uous to and surrounded by lots witfi
existing structures constructed below the base
level , providing items ( i—xi ) in Section 4.4-1 (4)
have been fully considered. As the lot size
increases beyond the one—half acre, the technical
justifications required for issuing the variance :
increases.
(2) Variances may be issued for the reconstruction,
rehabilitation or restoration of structures
listed on the National Register of Historic
Places or the State Inventory of Historic Places
without regard to the procedures set forth in the
remainder of this section.
(3) Variances shall not be issued within any
desi3nated floodway if any increase in flood
levels during the base flood discharge would
result .
(4) Variances shall only be issued upon a
detarmination that the variance is the minimum
necessary, considering the flood hazard, to afford
relief . '
(5) Variances shall only be issued upon:
(i) a showing of good and sufficient
cause;
(ii) a determination that failure to
grant the variance would result
in exceptional hardship to the
applicant; and
( iii) a determination that the granting
of a variance will not result in
increased flood heights,
add.itional threats to public safety,
. extraordinary public expenses,
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create nuisances, cause fraud on or
victimization of the public as
identified in Section 4.4-1 (4) or
conflict with existing local laws
or ordinances .
(6) Any applicant to whom a variance is granted shall
be given written notice that the structure will
be permitted to be built with a lowest floor
below the base flood elevation and that the cost
of flood insurance will be commensurate with the
increased risk from the reduced lowest floor
elevation.
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SECTION 5 . 0
PROVISIONS FOR FLOOD HAZARD REDUCTION
5 . 1 GENERAL STANDARDS
In all areas of special flood hazard, the following
standards are required:
5 . 1-1 Anchoring
( 1 ) All new construction and substantial improvements
shall be anchored to prevent flotation, collapse,
or lateral movement of the structure and capable
of resisting the hYdrostatic and hydrodynamic
loads .
(2) All manufactured homes must be elevated and
anchored to resist flotation, collapse or lateral
movement and capable of resisting the hydrostatic
and hYdrodynamic loads . 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 . Specific requirements may be :
(il 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 , with
manufactured homes less than 50
feet long requiring one
additional tie per side .
( ii) frame ties be provided at each
corner of the home with five
additional ties per side at
intermediate points, with
manufactured homes less than
50 feet long requiring four
additional ties per side;
( iii) all components of the anchoring
system be capable of carrying a
force of 4,800 pounds; and
( ivj AnY additions to the manufactured
home be similarly anchored.
(3) These provisions relative to anchoring shall not � -�•
be applicable where the artificial or natural
ground beneath a structure is at or above the base
flood elevation.
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5 . 1-2 Construction Materials and Methods
( 1 ) All new construction and substantial improvements
shall be constructed with materials and utility
equipment resistant to flood damage .
(2) All new construction and substantial improvements
shall be constructed using methods and practices
that minimize flo�d damage .
(3) All new construction and substantial improvements
shall be constructed wih 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.
5 . 1-3 Utilities
( 1 ) All new and replacement water supply systems
shall be designed to minimize or eliminate
infiltration of flood waters into the system;
(2) New and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration
of flood waters into the sYstems and discharge
from the sYstems into flood waters; and
(3) On—site waste disposal sYstems shall be located
to avoid impairment to them or contamination
from them during flooding.
5 . 1-4 Subdivision Proposals
( 1 } All subdivision proposals shall be consistent
with the need to minimize flood damage :
(2} All subdivision proposals shall have public
utilities and facilities such as sewer. gas,
electrical , and water systems located and
constructed to minimize flood damage ;
(3) All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood
damage; and �
(4) Base flood elevation data shall be provided for •
subdivision proposals and other proposed
development which contain at least 50 lots
or 5 acres (whichever is less) .
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5 . 2 SPECIFIC STANDARDS
In all areas of special flood hazard where base flood
elevation data has been provided as set forth in
Section 3. 2, BASIS FOR ESTABLISHING THE AREAS OF
SPECIAL FLOOD HAZARD OR Section 4.3-2, Use of Other
Base Flood Data, the following provisions are required:
5 . 2-1 Residential Construction
( 1 ) New construction and substantial improvement of
any residential structure shall have the lowest
floor ( including basement) elevated to one (1}
foot or more above the base flood elevation.
5 . 2-2 Nonresidential Construction
New construction and substantial improvement of
any commercial , industrial or other nonresidential
structure shall either have the lowest floor
( including basement) elevated to one (1) foot or more
above the level of the base flood elevation; or,
together with attendant utility and 9anitary
facilities, shall :
( 1 ) be floodproofed so that area of the structure
below one (1 ) foot above the base flood
elevation is watertight with walls
substantially impermeable to the pas�age of
water;
(2) have structural components capable of
resisting hydrostatic and hydrodynamic loads
and effects of buoyancy; and,
(3) be certified bY a registered
professional engineer or architect
that the design and methods of
construction are in accordance
with accepted standards of practice
for meeting the provisions of this
paragraph. Such certifications
shall be provided to the official
as set forth in Section 4.3-3 (2) .
5 . 2-3 Openings in Enclosures Below the Lowest Floor
For all new construction and substantial improvements,
fully enclosed areas below the lowest floor that are �
sub�ect to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls
by allowing for the entrY and exit of floodwaters .
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Designs for meeting this requirement must either be
certified by a registered professional engineer or
architect or must meet or exceed the following
minimum criteria:
( 1 ) A minimum of two openings having a total net
area of not less than one square
inch for everY square foot of enclosed area
sub�ect to flooding shall be provided;
(2) The bottom of all openings shall be no
higher than one foot above grade;
(3) Openings may be equipped with screens,
louvers , or other coverings or devices
provided that they permit the automatic entry
and exit of floodwaters.
5 . 2-4 Manufactured Homes
( 1 ) Manufactured homes shall be anchored in
accordance with Section 5 . 1-1 (2) .
(2) All manufactured homes or those to be �
substantially improved shall be elevated on a
permanent foundation such that the lowest floor of
the manufactured home is one (1) foot or more
above the base flood elevation and is securely
anchored to an adequately anchored foundation
system. This paragraph applies to manufactured
homes to be placed or substantially improved in an
expansion to an existing manufactured home park
or subdivision. This paragraph does not
apply to manufactured homes to be placed or
substantiallY improved in an existing
manufactured home park or subdivision except
where the repair, reconstruction or improvement
of the streets, utilities and pads equals or
exceeds 50 percent of the value of the streets
utilities and pads before the repair,
reconstruction or improvement has commenced.
5 . 3 FLOODWAYS
Located within areas of special flood hazard
established in Section 3. 2 are areas designated as
floodways . Since the floodway is an extremely
hazardous area due to the velocity of flood waters
which carry debris, potential projectiles, and _
erosion potential , the following provisions apply:
( 1 ) Prohibit encroachments, including fill , new
construction, substantial improvements, and
� other development unless certification by a
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registered professional engineer or
architect is provided demonstratin3 that
encroachments shall not result in any
increase in flood levels during the
occurrence of the base flood discharge .
(2) If Section 5 .3 ( 1 ) is satisfied, all new
construction and substantial improvements
shall comply with all applicable flood hazard�
reduction provisions of Section 5 . 0.
PROVISIONS FOR FLOOD HAZARD REDUCTION.
II . A11 sections and ordinances in conflict herewith are hereby
repealed.
FIRST READING .
SECOND READING AND ADOPTION :
PUBLISHED •
ATTEST:
eo . ryger, ai o ertson,
Finance Officer Mayor
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