10-16-1 Statutory Authorization, Findings of Fact, Purpose, and Methods

A. Statutory Authorization. The Legislature of the State of Utah has in Utah Code Unannotated 10-3-701 delegated the responsibility of local government units to adopt regulations designed to minimize flood losses.

1. The city elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended).

2. The National Flood Insurance Program (NFIP) is a voluntary program administered by the Federal Emergency Management Agency (FEMA), a component of the U.S. Department of Homeland Security, and the city’s governing body have elected to join the program, participate, and enforce flood damage prevention ordinances and the requirements and regulations of the NFIP.

3. The NFIP, established in the aforesaid act, provides that areas of the city having a special flood hazard be identified by FEMA, and that floodplain management measures be applied in such flood hazard areas. Furthermore, the city may elect to administer the flood damage prevention ordinances to areas not identified as Special Flood Hazard Areas (SFHAs) by FEMA on the city’s effective Flood Insurance Rate Map (FIRM), if the city has documentation to support that there is an inherent risk of flooding in such areas.

B. Findings of Fact. The flood hazard area of Providence City are subject to periodic inundation by flood waters, which results in potential loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare of the inhabitants of the city. These potential flood losses are caused by:

1. The cumulative effect of obstructions in floodplains that are known to cause increases in flood heights and velocities; 2. The occupancy of flood hazard areas by structures vulnerable to floods because they are inadequately elevated or otherwise unprotected from flood damages; and 3. Uses deemed unsuitable for floodplain areas or that do not account for the increased flood risk.

C. Statement of Purpose. It is the purpose of this ordinance to promote the public health, safety and general welfare of the city and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

1. Protect human life and health; 2. Minimize damage to public infrastructure, including but not limited to utilities, streets, and bridges that are susceptible to flooding; 3. Minimize prolonged business interruptions caused by flooding; 4. Minimize public expenditures on flood control projects; 5. Minimize the need for rescue and relief efforts associated with flooding and are generally undertaken at the expense of the public; 6. Protect and safeguard the welfare and safety of first responders should an emergency response is needed; 7. Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize future flood blight areas; and 8. Promote that potential buyers are notified if properties are in a flood area. D. Methods of Reducing Flood Losses. To accomplish the purposes outlined in section subsection 10-16-1.C. Statement of Purposed, this chapter applied the following methods. 1. Restricts or prohibits land uses that are dangerous to health, safety, or property in times of flooding, or cause excessive increases in flood heights or velocities; 2. Requires that land uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction; 3. Controls the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; 4. Controls filling, grading, dredging and other developments that may increase flood damage; and 5. Prevents or regulates the construction of flood barriers that will unnaturally divert flood waters or may increase flood hazards to other lands.

(Code 1998, § 10-16-1; Ord. No. 002-2011, 4-26-2011; Ord. No. 019-2016, 8-9-2016)

10-16-2. Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application.

100-YEAR FLOOD: A flood having a recurrence interval that has a 1-percent chance of being equaled or exceeded during any given year (1-percent-annual-chance flood). The terms "100-hundred-year flood" and "1-percent-annual-chance flood" are synonymous. The term does not imply that the flood will necessarily happen once every 100 hundred years. Mandatory flood insurance requirements may apply.

100-YEAR FLOODPLAIN: The area of land susceptible to being inundated due to the occurrence of a 1-percent-annual-chance flood.

500-YEAR FLOOD: A flood having a recurrence interval that has a 0.2-percent chance of being equaled or exceeded during any given year (0.2-percent-annual-chance flood). The term does not imply that the flood will necessarily happen once every 500 years and mandatory flood insurance requirement generally does not apply.

500-YEAR FLOODPLAIN: The area of land susceptible to being inundated due to the occurrence of a 0.2-percent-annual-chance flood.

ACCESSORY STRUCTURE: A structure that is on the same parcel of property as a principal structure. Its use is incidental to the use of the principal structure. The ownership of the accessory structure is the same owner as of the principal structure. An accessory structure is a non-residential structure of low value that is used solely for the parking of vehicles and storage of tools, materials, or equipment. No human habitation is allowed within an accessory structure. See section 10-16-5.H.8, Appurtenant or Accessory Structure.

ADDITION: Any improvement that expands the enclosed footprint or increases the square footage of an existing structure. This includes lateral additions added to the side, front, or rear of a structure; vertical additions added on top of a structure; and enclosures added underneath a structure.

ALLUVIAL FAN FLOODING: Flooding occurring on the surface of an alluvial fan or similar landform that originates at the apex. It is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.

APEX: A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

APPURTENANT STRUCTURE: See ACCESSORY STRUCTURE.

AREA OF FUTURE-CONDITIONS FLOOD HAZARD: The land area that would be inundated by the one percent (1%)-annual-chance (100-year) flood, based on future-conditions hydrology.

AREA OF SHALLOW FLOODING: A designated AO, AH, AR/AO, or AR/AH zone on a city's Flood Insurance Rate Map (FIRM) with a one percent (1%) or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD-RELATED EROSION HAZARD: The land within a city that is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the Flood Hazard Boundary Map (FHBM). After the detailed evaluation of the special flood-related erosion hazard area, in preparation for publication of the FIRM, Zone E may be further refined.

AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within a city subject to a one percent (1%) or greater chance of flooding in any given year. The area may be designated as Zone A on the FHBM. After detailed rate making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, or V1-30, VE, or V. For purposes of these regulations, the term "special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard".

BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATION (BFE): The water surface elevation of the one percent (1%) annual-chance flood event. It is the height in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas. It is also the elevation shown on the FIRM and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A1-A30, AR, V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a one percent (1%) chance of equaling or exceeding that level in any given year.

BASEMENT: Any area of the building having its floor sub grade (below ground level) on all sides. A walkout basement that does not require a step up to grade is not considered a basement.

BEST AVAILABLE DATA: Existing flood hazard information adopted by a city and reflected on an effective FIRM, FBFM, and/or within an FIS report; or draft or preliminary flood hazard information supplied by FEMA or from another source. Other sources may include, but are not limited to, state, other federal agencies, or local studies, the more restrictive of which would be reasonably used by the city.

BREAKAWAY WALL: A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. Any walls below the lowest floor in a building in a V or VE Zone should give way under wind and water loads without causing collapse, displacement, or other damage to the elevated portion of the building of the supporting pilings or columns. Breakaway walls apply only to V or VE Zones.

BUILDING: See STRUCTURE.

CHANNELIZATION: The artificial creation, enlargement, realignment, or alteration of a stream channel's slope, shape, or alignment. Streambank restoration may be deemed as channelization.

CODE OF FEDERAL REGULATIONS (CFR): The codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government.

CONDITIONAL LETTER OF MAP REVISION (CLOMR): FEMA's comment on a proposed project that would, upon construction, affect the hydrologic and/or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective BFEs, and/or the SFHA. The letter does not revise an effective map; it indicates whether the project, if built as proposed, would be recognized by FEMA.

CONDITIONAL LETTER OF MAP REVISION BASED ON FILL (CLOMR-F): FEMA's comment on a proposed structure or property. The letter does not revise an effective map; it indicates whether the project, if built as proposed, would be removed from the floodplain.

CRAWLSPACE: An under-floor space that has its interior floor area (finished or not) no more than 4 feet from the bottom floor joist the next higher floor elevation, designed with proper openings that equalize hydrostatic pressures of flood water, and is not used for habitation. Reference: subsection 10-16-5.H.5 Crawlspace

CRITICAL FACILITY: A facility or building where even a slight chance of flooding is too great a threat. Typical critical facilities include hospitals, fire stations, police stations, schools, storage of critical records, assisted living and similar facilities.

DEED RESTRICTION: Refers to a clause in a deed that limits the future use of the property in some respect. Deed restrictions may impose a vast variety of limitations and conditions. For example, they may limit the density of buildings, dictate the types of structures that can be erected, or prevent buildings from being used for specific purposes or from being used at all.

DETACHED GARAGE: A building that is used solely for storage of materials or vehicle parking for up to four housing occupants. If a detached garage is designed or used for habitation or conducting business, or has multiple stories, then the building is not considered a detached garage under the NFIP.

DEVELOPMENT: Any human-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, demolition, excavation or drilling operations, or storage either temporary or permanent of equipment or materials.

ELEVATED BUILDING: A non-basement building built, in the case of a building in Zone A1-30, AE, A, A99, AR, AO, AH, B, C, X and D, to have the top of the elevated floor above the ground level by means of pilings, columns (post and piers), or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of a building in Zone A1-30, AE, A, A99, AR, AO, AH, B, C, X and D, an "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.

ENCLOSURE: An enclosed walled-in area below the lowest floor of an elevated building. Enclosures below the BFE may only be used for building access, vehicle parking, and storage.

EROSION: The process of the gradual wearing away of land masses by wind, water, or other natural agents.

EXISTING CONSTRUCTION: Structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. It may also be referred to as Existing Structures.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a city.

EXISTING STRUCTURES: See EXISTING CONSTRUCTION.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FEMA: The Federal Emergency Management Agency. Fill refers to the placement of materials, such as dirt, sand, or rock to elevate a structure, property, or portion of a property above the natural elevation of the site, regardless of where the material was obtained from. The common practice of removing unsuitable material and replacing with engineered material is not considered fill if the elevations are returned to the existing conditions. Any fill placed or used prior to the area being mapped as a flood hazard area is not deemed as fill.

FILL The placement of materials, such as dirt, sand, or rock to elevate a structure, property, or portion of a property above the natural elevation of the site, regardless of where the material was obtained from. The common practice of removing unsuitable material and replacing it with engineered material is not considered fill if the elevations are returned to the existing conditions. Any fill placed or used prior to the area being mapped as a flood hazard area is not deemed as fill.

FLOOD OR FLOODING: 1. A general and temporary condition of partial or complete inundation of normally dryland areas from: a. The overflow of inland or tidal waters. b. The unusual and rapid accumulation or runoff of surface waters from any source. 2. Mudslides (i.e., mudflows) that are proximately caused by flooding as defined in this chapter and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. 3. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this chapter.

FLOOD INSURANCE MANUAL: The document FEMA produces twice a year and is used to write flood insurance policies underwritten by the NFIP. The document contains definitions, policy rates, coverage and limitations, application and insurance policy forms.

FLOOD INSURANCE RATE MAP (FIRM): An official map of a city, on which the Administrator has delineated both the SFHAs and the risk premium zones applicable to the city.

FLOOD INSURANCE STUDY (FIS) OR FLOOD ELEVATION STUDY: An examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

FLOODPLAIN DEVELOPMENT PERMIT: A city issued permit or document that is used for any development that occurs within an SFHA identified by FEMA or the city. It is used to address the proposed development to ensure compliance with the city's ordinance.

FLOODPLAIN OR FLOOD-PRONE AREA: Any land area susceptible to being inundated by water from any source whether or not identified by FEMA (see definition of Flooding).

FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, mitigation plans, and floodplain management regulations.

FLOODPLAIN MANAGEMENT REGULATIONS: Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for flood damage prevention and reduction.

FLOOD OPENING: An opening in the wall of an enclosed structure that allows floodwaters to automatically enter and exit the enclosure. Refer to FEMA Technical Bulletin 1. Flood Protection System means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a city subject to an SFHA and to reduce the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees, or dikes. These specialized, flood modifying works are those constructed in conformance with sound engineering standards. FEMA only accredits levees, both private and public, that have been certified by a professional engineer or firm in which the certification shows that the levee has met and continues to meet the minimum regulatory standards cited in Title 44, Chapter 1, Section 65.10 of the Code of Federal Regulations (44 CFR 65.10).

FLOODPROOFING: Any combination of structural and non-structural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodproofing can either be accomplished in the form of dry floodproofing in which the structure is watertight below the levels that need flood protection, or wet floodproofing in permanent or contingent measures applied to a structure that prevent or provide resistance to damage from flooding, while allowing floodwaters to enter the structure or area.

FLOODWAY: See REGULATORY FLOODWAY.

FLOODWAY ENCROACHMENT LINES: The lines marking the limits of floodways on federal, state, and local floodplain maps.

FREEBOARD: A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

FUNCTIONALLY DEPENDENT USE: A development that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and repair facilities. It does not include long-term storage or related manufacturing facilities.

HIGHEST ADJACENT GRADE (HAG): The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. In AO Zones, the highest adjacent grade is utilized by comparing the lowest floor elevation to that of the highest adjacent grade and the depth of the AO Zone.

HISTORIC STRUCTURE: Any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic reservation programs that have been approved by the Secretary of the Interior; or 4. Individually listed on a local inventory of historic places in cities with historic preservation programs that have been certified either: a. By an approved state program as determined by the Secretary of the Interior, or b. Directly by the Secretary of the Interior in states without approved programs.

LETTER OF MAP AMENDMENT (LOMA): An official amendment, by letter, to an effective FIRM. A LOMA establishes a property's location in relation to the SFHA. It is usually issued because a property or structure has been inadvertently mapped as being in the floodplain, when the property or structure is actually on natural high ground above the BFE.

LETTER OF MAP REVISION (LOMR): FEMA's modification or revision to an entire or portion of the effective FIRM, or Flood Boundary and Floodway Map, or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective BFEs, or the SFHA.

LETTER OF MAP REVISION BASED ON FILL (LOMR-F): FEMA's amendment, by letter, to an effective FIRM where fill was brought in or used to elevate a property, portion of property or structure above the BFE.

LEVEE: A man-made structure usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

LEVEE SYSTEM: A flood protection system that consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

LOWEST ADJACENT GRADE (LAG): The lowest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. For an existing structure, it means the lowest point where the structure and ground touch, including but not limited to attached garages, decks, stairs, and basement windows.

LOWEST FLOOR: 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 44 CFR Section 60.3.

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 attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle"; however, a manufactured home may be used for both residential and non-residential use.

MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MAP: The FHBM or the FIRM for a city issued by FEMA.

MEAN SEA LEVEL: For purposes of the NFIP, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which BFEs shown on a city's FIRM are referenced.

MIXED USE STRUCTURES: Structures with both a business and a residential component, but where the area used for business is less than fifty percent of the total floor area of the structure.

NEW CONSTRUCTION: Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a city and includes any subsequent improvements to such structures. For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a city.

NO-RISE CERTIFICATIONS: Formal certifications signed and stamped by a professional engineer licensed to practice in the state, demonstrating through hydro-logic and hydraulic analyses performed in accordance with standard engineering practice that a proposed development will not result in any increase (0.00 feet) in flood levels within the city during the occurrence of a base flood event.

PHYSICAL MAP REVISION (PMR): FEMA's action whereby one or more map panels are physically revised and republished.

RECREATIONAL VEHICLE: A vehicle which is: 1. Built on a single chassis; 2. Four hundred (400) square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light duty truck; and 4. Designed primarily, not for use as a permanent dwelling but, as temporary living quarters for recreational, camping, travel, or seasonal use.

REGULATORY FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that shall be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

RIVERINE: Relating to, formed by, or resembling a river (including tributaries), stream, brook, creek, etcetera, which can be intermittent or perennial.

SECTION 1316: Refers to the section of the National Flood Insurance Act of 1968, as amended, which provides for the denial of flood insurance coverage for any property that the Administrator finds has been declared by a duly constituted State or local authority to be in violation of State or local floodplain management regulations. Section 1316 is issued for a property, not a property owner, and remains with the property even after a change of ownership.

SPECIAL FLOOD HAZARD AREA: See AREA OF SPECIAL FLOOD HAZARD.

START OF CONSTRUCTION (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)): Substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within one hundred and eighty (180) days of the permit date. The actual start means either 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 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 temporary 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. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE: Floodplain management purposes, a walled and roofed building, culvert, bridge, dam, or a gas or liquid storage tank that is principally above ground, as well as a manufactured home. Structure, for insurance purposes, means: 1. A building with two or more outside rigid walls and a fully secured roof, which is affixed to a permanent site; 2. A manufactured home ("a manufactured home," also known as a mobile home, is a structure: built on a permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation); or 3. A travel trailer without wheels built on a chassis and affixed to a permanent foundation, that is regulated under the city's floodplain management and building ordinances or laws. For insurance purposes, "structure" does not mean a recreational vehicle or a park trailer or other similar vehicle, except as described in paragraph (3) of this definition, or a gas or liquid storage tank.

SUBSTANTIAL DAMAGE: 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 percent of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and are the minimum necessary to assure safe living conditions; or 2. Any alteration of a "historic structure", if the alteration will not preclude the structure's continued designation as a "historic structure."

VARIANCE: A grant of relief by a city from the terms of a floodplain management regulation. Reference: subsection 10-16-4.E. Variance Procedures

VIOLATION: The failure of a structure or other development to be fully compliant with the city's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Sections 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

WATER SURFACE ELEVATION: The height, in relation to the North American Vertical Datum (NAVD) of 1988, (or other datum, where specified) of floods of various magnitudes and frequencies, such as the one percent (1%)-annual-chance flood event, in the floodplains of coastal or riverine areas.

WATERCOURSE: The channel and banks of an identifiable water in a creek, brook, stream, river, ditch or other similar feature. (Ord. 2022-14, 8-23-2022)

(Code 1998, § 10-16-2; Ord. No. 002-2011, 4-26-2011; Ord. No. 019-2016, 8-9-2016)

10-16-3 General Provisions.

A. Lands to which this Chapter Applies: This chapter shall apply to all areas of special flood hazard identified by FEMA and areas of identified and documented flood risk supported using Best Available Data within the jurisdiction of the city. When the city annexes any land from a neighboring city and/or county, Providence City will manage and regulate the annexed land under this chapter.

B. Basis for Establishing the Areas of Special Flood Hazard: The areas of special flood hazard identified by FEMA in a scientific and engineering report entitled, "The Flood Insurance Study for Cache County, Utah, and incorporated areas " dated May 9, 2023 (date of effective FIS), accompanying FIRMs, and any revisions thereto are hereby automatically adopted by reference and declared to be a part of this chapter. The City has elected to adopt Best Available Data, defined in subsection 10-16-3.A. Lands to which this Chapter Applies, to regulate floodplain development in addition to utilizing the effective FIRMs, FIS, and/or FBFM. Where Best Available Data contradicts the FIRMs, FIS, and/or the FBFM, the more restrictive data shall be utilized.

C. Establishment of Development Permit: A Floodplain Development Permit shall be required to ensure conformance with the provisions of this chapter.

D. Abrogation and Greater Restrictions: This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

E. Interpretation: In the interpretation and application of this chapter, all provisions shall be: 1. 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.

F. Warning and Disclaimer or Liability: The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater floods can and will occur and flood heights may be increased by human-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City or any official or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

G. Severability: If any section, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court, the remainder of the chapter shall not be affected.

H. Compliance: No structures or developments including buildings, recreation vehicles, or manufactured homes or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this chapter and other applicable regulations. Nothing herein shall prevent the city from taking such lawful action as is necessary to prevent or remedy any violations.

I. Stop Work Order:

1. Authority. Whenever the floodplain administrator or other City official discovers any work or activity regulated by this chapter being performed in a manner contrary to the provision of this chapter, the floodplain administrator is authorized to issue a stop work order.

2. Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.

3. Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by local or state law including but not limited to the penalties outlined in subsection 10-16-3.J. Penalties for Noncompliance.

J. Penalties for Noncompliance: No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person, firm, or corporation, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of any of the provisions of this chapter shall be guilty of a class B misdemeanor, and upon conviction thereof shall be punishable by a fine or by imprisonment, or by both to the maximum extent permitted by law. Such person, firm, or corporation shall be deemed to be guilty of a separate offense for each day during which any portion of any violation of this chapter is committed, continued, or permitted by such person, firm, or corporation, and shall be punishable as herein provided. Nothing herein contained shall prevent city from taking such other lawful action as is necessary to prevent or remedy any violation.

10-16-4 Administration.

A. Designation of the Floodplain Administrator. The administrative land use authority (made up of the community development director, city engineer, and public works director) as defined by PCC chapter 2-4 is hereby designated the floodplain manager to administer and implement the provisions of this chapter and other appropriate sections of the NFIP Regulations and 44 CFR pertaining to floodplain management.

B. Duties and Responsibilities of the Floodplain Administrator. Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:

1. Uphold the goals of the city and the NFIP to reduce risk when possible and increase the city’s resistance to future disasters. 2. Maintain and hold open for public inspection all records pertaining to the provisions of this chapter, including the actual elevation of the lowest floor (including basement or crawlspace) of all new or substantially improved structures and any flood-proofing certificates, including the data supporting such certificates. 3. Maintain and hold open for public inspection maps that identify and locate the boundaries of the SFHAs to which the chapter applies, including but not limited to, the FIRM. 4. Review development proposals to determine whether a proposed building site, including sites designed for the placement of manufactured homes, will be reasonably safe from flooding. 5. Review, approve, or deny all applications for development permits required by adoption of this chapter. 6. Ensure that all necessary permits have been obtained from those federal, state, or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334 and the Endangered Species Act of 1973) from which prior approval is required. 7. Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. 8. Notify, in riverine situations, adjacent cities and the State Coordinating Agency which is the Division of Water Rights, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA. 9. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Floodplain Administrator shall make the necessary interpretation. 10. When BFE data has not been provided by FEMA, the Floodplain Administrator shall obtain, review, and reasonably utilize any BFE data and flood way data available from a federal, state, or other source including data provided by the applicant, in order to administer the provisions of this chapter. 11. When a regulatory flood way has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30, AE, and AH on the city's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one-half (0.50) foot at any point within the City. 12. Under the provisions of 44 CFR Chapter 1, Section 65.12 of the NFIP Regulations, a city may approve certain development in Zones A1-30, AE, and AH on the city's FIRM, which increases the water surface elevation of the base flood by more than one-half (0.50) foot, provided that the city first meets the requirements of Section 65.12 for a conditional FIRM revision through FEMA's CLOMR process. 13. Zone A Areas: When a regulatory flood way has not been designated and if the project is determined or reasonably believed to cause an adverse impact, the Floodplain Administrator shall require new construction, substantial improvements, or other development (including fill, grading or excavation) permitted in a Zone A to have an encroachment analysis done prior to issuance of a floodplain development permit. The encroachment analysis shall create a baseline of existing conditions model and compare it to the proposed conditions model to determine the potential impact of the project. Based on the findings, the floodplain administrator shall require as a condition of the permit a CLOMR to be submitted and approved prior to any work occurring and/or that a LOMR be submitted to FEMA within six (6) months of completion of the development. 14. If the project is determined or reasonably believed to cause an adverse effect on the BFE(s), boundaries of the floodplain or any insurable structures, technical justification for the proposed development shall be submitted and the city may require a CLOMR or LOMR to be submitted prior to the permit approval or as a requirement of the permit.

C. Requirement to Submit New Technical Data.

1. The property owner or developer shall notify FEMA by submittal of a LOMR within six (6) months of project completion when an applicant had obtained a CLOMR from FEMA or when development altered a watercourse, modified floodplain boundaries, or modified BFE. 2. The property owner or developer shall be responsible for preparing technical data to support the CLOMR or LOMR application and paying any processing or application fees to FEMA. The property owner or developer is responsible for submitting the CLOMR and LOMR to FEMA and shall provide all necessary data to FEMA if requested during the review process to ensure the CLOMR or LOMR is issued. 3. The Floodplain Administrator shall be under no obligation to sign the Community Acknowledgement Form, which is part of the CLOMR/LOMR application, until the applicant demonstrates that the project will or has met the requirements of this ordinance and all applicable state federal, and local laws.

D. Permit Procedures: Application for a Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to:

1. Duplicated plans drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations. 2. Duplicated plans drawn to scale showing the location, dimensions, and elevation of existing and proposed structures, including the placement of manufactured homes. 3. Location of the foregoing in relation to SFHAs. 4. Elevation (in relation to mean sea level), of the lowest floor (including basement and crawlspace) of all new and substantially improved structures, if applicable; 5. Elevation (in relation to mean sea level), to which any non-residential structure (if applicable) shall be flood proofed. 6. A certificate from a registered professional engineer or architect that the non-residential flood proofed structure (if applicable) shall meet the flood proofing criteria of this chapter and the NFIP Regulations. 7. Description of the extent to which any watercourse or natural drainage will be altered or relocated because of proposed development, if applicable. 8. At the city's discretion, the city may charge a fee for issuance of floodplain development permits. 9. Copies of all floodplain development permits and the associated documents shall become property of the City and a permanent record.

Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all of the provisions of this chapter and the following relevant factors:

1. The danger to life and property due to flooding or erosion damage. 2. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. 3. The danger that materials may be swept onto other lands to the injury of others. 4. The compatibility of the proposed use with existing and anticipated development. 5. The safety of access to the property in times of flood for ordinary and emergency vehicles. 6. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical, and water systems. 7. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site. 8. The necessity to the facility of a waterfront location, where applicable. 9. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. 10. The relationship of the proposed use to the comprehensive plan for that area.

The City requires that the following Elevations Certificates be completed for any new residential or non-residential building construction:

1. Proposed Conditions: A proposed conditions Elevation Certificate is required to be completed by a professional and licensed engineer, surveyor, or architect as part of the Floodplain Permit package. 2. Finished Construction: A finished construction Elevation Certificate is required to be completed by a professional and licensed engineer, surveyor, or architect once the structure is completed, utilities are installed, and grading and landscaping has been completed.

E. Variance Procedures. The appeal authority, as established by the City, shall hear and render judgment on requests for variances from the requirements of this chapter after a floodplain development permit has been denied.

1. Any person or persons aggrieved by the decision of the appeal authority may appeal such decision to 2nd District Court, Davis County, Utah, as provided by law. 2. The appeal authority, as established by the City, shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement of administration of this chapter. 3. The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to FEMA and the State Coordinating Agency upon issuing a variance. 4. Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in subsection 10-16-4.E. Variance Procedures have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. 5. Upon consideration of the factors noted above and the intent of this chapter, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this chapter. 6. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 7. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. The term ‘‘substantial improvement'' does not include any alteration of a structure or facility listed on the National Register of Historic Places or a State Inventory of Historic Places.

Prerequisites for granting variances:

1. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Variances shall only be issued upon:

a. Showing a good and sufficient cause. b. A determination that failure to grant the variance would result in exceptional hardship to the applicant. c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, conflict with existing local laws or ordinances, considers the need of ingress and egress during times of floods, and does not jeopardize first responders' health and welfare.

2. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the BFE, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

3. Variances may be issued by a city for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:

a. The criteria outlined in subsection 10-16-4.E. Variance Procedures are met; and b. The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

Variances for freeboard and Allowable Increases:

1. Variances may be issued to reduce the freeboard requirement as described in subsection 10-16-5.H.1.a. Residential Construction freeboard and subsection 10-16-5.H.2.1 Non-Residential Construction freeboard for residential and non-residential structures.

2. Variances shall not be issued to increase the allowed increase in BFE for floodplain Zones A1-30, AE, and AH as described in subsection 10-16-4.B. Duties and Responsibilities of the Floodplain Administrator, subsection 12.

F. Watercource Alterations.

1. No alteration to a channel, river, stream, drainage way, or other watercourse shall diminish the flood-carrying capacity of that watercourse. The altered or relocated watercourse shall have the same or greater capacity as the original watercourse.

2. All proposals for a watercourse alteration require submittal of a floodplain development permit. The applicant shall submit a set of plans and calculations prepared by a registered professional engineer of the proposed alteration and its effect on flows. An applicant shall provide the following information. Additional information may be submitted and requested:

a. Topographic map of the project area. b. A comparison of the existing and proposed channel capacity, including engineering calculations prepared by a registered professional engineer. c. A description of the proposed alteration extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. d. Land use of adjacent properties. e. Description of any obstructions. f. Dimensions, specifications, and locations of any structures (bridges, culverts, water crossing, dams, dikes, levees, detention basins, etcetera). g. Photos of the area.

3. Prior to approval of the floodplain development permit, the applicant shall:

a. Submit an application and obtain a CLOMR from FEMA. b. Notify adjacent cities, property owners and the State Coordinating Agency, prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Floodplain Administrator and to FEMA. c. Require that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished.

(Code 1998, § 10-16-4; Ord. No. 002-2011, 4-26-2011; Ord. No. 019-2016, 8-9-2016)

10-16-5 Provisions for Flood Hazard Reduction.

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 10-16-5.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 10-16-5.D. Substantial Improvement and subsection 10-16-5.E. Cumulative Substantial Improvement. 4. Utilize FEMA's Substantial Improvement/Substantial Desk Reference when making any determination on Substantial Improvement and/or Substantial Damage. 5. The substantial improvement regulations apply to all of the work that is proposed as the improvement, even if multiple permits are issued. Therefore, the determination of the cost of the improvement should consider all costs of all phases of the work before issuance of the first permit. 6. Notify the applicant that if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood, this ordinance 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 SFHAs but within fifty (50) feet of an SFHA, the following minimum requirements shall apply:

I. The minimum setback distance from the edge of a flood hazard area to the nearest wall of a basement shall be fifty (50) feet. II. The lowest floor level elevation (including crawlspace and basement) shall be no less than the closest adjacent BFE. III. The lowest opening shall be no less than 1.0 foot above the closest adjacent BFE.

c. Residential Construction within any AO zone: All new construction and substantial improvements of residential structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the city’s FIRM (at least 2 feet if no depth number is specified.

2. Non-Residential Construction:

a. New construction and substantial improvements of any commercial, industrial, or other non-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:

I. Be designed so that below the base flood 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. II. Have a registered professional engineer or architect develop and/or review structural design, specifications, and plans for the construction and certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection.

b. A record of such certification that includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator.

I. If the use or occupancy of the building changes in the future to residential, then the dry floodproofing of the structure cannot be used when determining compliance of the structure to the residential construction of this chapter, subsection 10-16-5.H.1. Residential Construction, subsection 10-16-5.H.1.a. Residential Construction Freeboard and subsection 10-16-5.H.1.b. Residential Construction Setback. As such, the building will not be grandfathered into compliance and will be required to be brought 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:

I. The minimum setback distance from the edge of a flood hazard area to the nearest wall of a basement shall be fifty (50) feet. II. The lowest floor level elevation (including crawlspace and basement) shall be no less than the closest adjacent BFE. III. The lowest opening shall be no less than 1.0 foot above the closest adjacent BFE.

e. Non-Residential Structures within any AO zone: All new construction and substantial improvements of non-residential structures shall:

3.Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the city’s FIRM (and least 2 feet if no depth number is specified), or

I. Together with attendant utility and sanitary facilities be designed so that below the base flood 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.

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 natural grade 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 lowest floor that are to be used solely for parking of vehicles, building access, or storage in an area other than a basement and 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 shall either be certified by a registered professional engineer or architect, or shall meet or exceed the following minimum criteria:

I. A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. II. The bottom of all openings shall be no higher than one (1) foot above grade. III. 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:

I. Acknowledges the risk associated with this building practice. II. 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. III. 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 or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. e. The interior grade of a crawlspace below the BFE shall not be more than two (2) feet below the LAG. f. The height of the below-grade crawlspace, measured from the lowest interior grade of the crawlspace floor to the bottom of the floor joist of the next higher floor cannot exceed four (4) feet at any point. g. There shall be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after 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 for highway use; OR b. Meet the permit requirements of subsection 10-16-4.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:

I. "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;" II. "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;" III. "Be constructed by methods and practices that minimize flood damages;" IV. "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. Standards for Subdivision Proposals.

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 flood hazards. 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. c. 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. Floodways. Floodways located within SFHAs are extremely hazardous area due to the velocity of flood waters that carry debris, potential projectiles, and erosion potential, the following provisions shall apply:

1. Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the city’s FIRM unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than1 foot at any point within the city. 2. Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase greater than 0.00 feet in flood levels within the city during the occurrence of the base flood discharge. 3. All new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of subsection 10-16-5. 4. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the NFIP Regulations, the city may permit encroachments within the adopted floodway that would result in an increase in BFE’s, provided that the city first applies for a conditional FIRM and floodway revision through FEMA.

K. Properties Removed from the Floodplain by Fill. A 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 10-16-5.H.1 Residential Construction and subsection 10-16-5.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 10-16-5.H.2 Non-Residential Construction and subsection 10-16-5.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 10-16-5.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.

(Code 1998, § 10-16-5; Ord. No. 002-2011, 4-26-2011; Ord. No. 019-2016, 8-9-2016)