(a)

Statutory authorization. The legislature of the state has in 82 O.S. §§ 1601—1618, as amended, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the city council ordains the following.

(b)

Findings of fact. The following findings of fact establish the need for flood hazard regulations in the city:

(1)

The flood hazard areas of the city are subject to periodic inundation, which may result in 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 may adversely affect the public health, safety and general welfare.

(2)

These flood loses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage.

(c)

Statement of purpose. It is the purpose of this article to promote the public health, safety and general welfare 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 expenditure of public money for costly flood control projects;

(3)

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4)

Minimize prolonged business interruptions;

(5)

Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;

(6)

Help maintain a stable tax base by providing for the sound use and development of floodprone areas in such a manner as to minimize future flood blight areas; and

(7)

Ensure that potential buyers are notified that property is in a flood area.

(d)

Methods of reducing flood losses. In order to accomplish its purposes, these regulations use the following methods:

(1)

Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;

(2)

Require that uses vulnerable to floods, including facilities which serve such uses, are protected against flood damage at the time of initial construction;

(3)

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;

(4)

Control filling, grading, dredging and other development which may increase flood damage;

(5)

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands;

(6)

Maintain channels and vegetation in floodprone areas so as to not increase flood hazards.

(Ord. No. 3023, § 1(23.370), 3-3-2008)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

These definitions shall only apply to this article.

Appeal means a request to the board of drainage appeals for review of a decision, action, or interpretation of the floodplain administrator, with respect to this exhibit.

Accessory structure means structures which are on the same parcel of property as the principle structure and the use of which is incidental to the use of the principle structure (such as garages and storage sheds).

Adverse impact means when the action of one property owner creates harm to another property owner by increasing flood peaks, flood stage, flood velocity, or by causing erosion and/or sedimentation, or other damage.

Area of shallow flooding means a designated AO, AH, or VO zone on a community's flood insurance rate map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three 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.

Base flood means a flood having a one percent chance of being equaled or exceeded in any given year.

Base flood elevation means the elevation in feet above mean sea level, the elevation of the base flood.

Basement means any area of the building having its floor subgrade (below ground level) on all sides.

Compensatory storage means loss of flood storage due to buildings or fill in the floodplain which is compensated for by providing an equal volume of storage to replace what is lost.

Development.

(1)

The term "development" means any manmade change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

(2)

The term "development" does not mean:

a.

Lawn and yard care;

b.

Gardening;

c.

Tree care and maintenance;

d.

Removal of trees or other vegetation damaged by natural forces.

Elevated building.

(1)

The term "elevated building" means a nonbasement building:

a.

Built, in the case of a building in zones A1—30, AE, A, A99, AO, AH, B, C, X and D, to have the top of the elevated floor, or in the case of a building in zones V1—30, VE or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water; and

b.

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 zones A1—30, AE, A, A99, AO, AH, B, C, X and D.

(2)

The term "elevated building" includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of zones V1—30, VE, or V, the term "elevated building" also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of section 60.3(e)(5) of the National Flood Insurance Program regulations.

Existing construction means for the purposes of determining rates, 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. The term "existing construction" may also be referred to as existing structures.

Existing manufactured home park or subdivision means 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 community.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured 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.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland or tidal waters.

(2)

The unusual and rapid accumulation or runoff of surface waters from any source.

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the floodplain and the risk premium zones applicable to the community.

Flood insurance study means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the flood boundary-floodway map.

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 floodplain within a community and the extent of 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.

Floodplain means any land area susceptible to being inundated by water from any source (see definition of flooding). For the purposes of this article, the term "floodplain" refers to the area of special flood hazard which is the land within a community subject to a one percent or greater chance of flooding in any given year. The floodplain is designated as zones A, AE, AH, AO, AR, A99, V or VE on the FIRM. The term "floodplain" is also referred to as the regulatory floodplain or the effective floodplain.

Floodplain administrator means a person accredited by the state water resources board and designated to administer and implement laws and regulations relating to the management of the floodplains.

Floodplain board means the board of drainage appeals for the city.

Floodplain management means 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 and floodplain management regulations.

Floodplain management regulations means 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 "floodplain management regulations" means such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

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 12 inches. The floodway is designated as such on the effective FIRM. The term "floodway" is also referred to as "regulatory floodway" or "effective floodway."

Functionally dependent use.

(1)

The term "functionally dependent use" means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities.

(2)

The term "functionally dependent use" does not include long-term storage or related manufacturing facilities.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the National Park Service of the U.S. Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminary determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminary 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 preservation programs which have been approved by the Secretary of Interior; or

(4)

Individually listed on a local inventory or historic places in communities 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.

Levee means a manmade 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 means a flood protection system which 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 floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or 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 nonelevation design requirement of section 60.3 of the National Flood Insurance Program regulations.

Manufactured home.

(1)

The term "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.

(2)

The term "manufactured home" does not include a recreational vehicle.

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.

Map changes.

(1)

Conditional letter of map amendment (CLOMA) means FEMA's comment on whether a proposed project would be excluded from the floodplain shown on the effective FIRM. There is no appeal period. The letter becomes effective on the date sent. This letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would or would not be removed from the SFHA by FEMA if later submitted as a request for a letter of map amendment.

(2)

Conditional letter of map revision (CLOMR) means FEMA's comment on whether a proposed project would be excluded from FEMA's comment on a proposed project that would affect the hydrologic and/or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway or effective base flood elevations. There is no appeal period. The letter becomes effective on the date sent. This letter does not revise an effective FIRM, it indicates whether the project, if built as proposed, would or would not be removed from the floodplain by FEMA if later submitted as a request for a letter of map revision.

(3)

Conditional letter of map revision based on fill (CLOMR-F) means FEMA's comment on whether a proposed project would be excluded from FEMA's comment on whether a proposed project involving the placement of fill would exclude an area from the floodplain shown on the FIRM. There is no appeal period. The letter becomes effective on the date sent. This letter does not revise an effective FIRM, it indicates whether the project, if built as proposed, would or would not be removed from the SFHA by FEMA if later submitted as a request for a letter of map revision based on fill.

(4)

Letter of map amendment (LOMA) means FEMA's comment on whether a proposed project would be excluded from an official amendment, by letter, to an effective FIRM. A LOMA establishes a property's location in relation to the floodplain. There is no appeal period. The letter becomes effective on the date sent.

(5)

Letter of map revision (LOMR) means FEMA's comment on whether a proposed project would be excluded from an official revision, by letter, to an effective FIRM. A LOMR may change flood insurance risk zones, floodplain and/or floodway boundary delineations, planimetric features, and/or base flood elevations. See the LOMR effective chart to determine when a LOMR becomes effective.

(6)

Letter of map revision based on fill (LOMR-F) means FEMA's comment on whether a proposed project would be excluded from an official revision, by letter, to an effective FIRM. A LOMR-F provides FEMA's determination concerning whether a structure or parcel has been elevated on fill above the base flood elevation and excluded from the floodplain. The letter becomes effective on the date sent.

Mean sea level means, for purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

New construction means, for the purpose 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. For floodplain management purposes, the term "new construction" means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

New manufactured home park or subdivision means 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 community.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

400 square feet or less when measured at the largest horizontal projections;

(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.

Remedy a violation means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

Start of construction, for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348), includes 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 180 days of the permit date. The term "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. The term "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 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 term "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 means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement.

(1)

The term "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, or the greater of 500 square feet or 35 percent of the floor area of the structure either:

a.

Before the improvement or repair is started; or

b.

If the structure has been damaged and is being restored, before the damage occurred.

For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

(2)

The term "substantial improvement" does not, however, include either:

a.

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 ensure safe living conditions; or

b.

Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places; provided that the alteration would not preclude the structure's continued designation as a historic structure.

Variance means a grant of relief to a person from the requirement of these regulations or ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by these regulations.

Violation means the failure of a structure or other development to be fully compliant with this community's floodplain management regulations.

Water surface elevation means 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 in the floodplains of coastal or riverine areas.

(Ord. No. 3023, § 1(23.371), 3-3-2008)

(a)

Lands to which this article applies. This floodplain management ordinance shall apply to all areas of special flood hazard within the corporate limits of the city.

(b)

Basis for establishing the floodplain. The floodplain identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for Payne County and Incorporated Areas," dated May 16, 2007, with accompanying flood insurance rate map (FIRM) and are hereby adopted by reference and declared to be a part of this article.

(c)

Compliance. No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this article and other applicable regulations.

(d)

Abrogation and greater restrictions. this article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and any other 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 article, all provisions shall be:

(1)

Considered as minimum requirements;

(2)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(f)

Warning and disclaimer of liability. The degree of flood protection required by this article 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 manmade or natural causes. This article does not imply that land outside the floodplain or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on these regulations or any administrative decision lawfully made hereunder.

(Ord. No. 3023, § 1(23.372), 3-3-2008)

(a)

Duties and responsibilities of the floodplain administrator. Duties and responsibilities of the floodplain administrator or designee shall include, but not be limited to, the following:

(1)

Maintain and hold open for public inspection all records pertaining to the provisions of these regulations.

(2)

Review applications for proposed development to determine whether proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.

(3)

Review, approve or deny applications for earth change permits required by adoption of these regulations.

(4)

Review applications for proposed development to assure 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 USC 1334) from which prior approval are required.

(5)

Notify, in riverine situations, adjacent communities and the state coordinating agency, the state water resources board, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

(6)

Ensure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.

(7)

When base flood elevation data has not been provided in accordance with section 23-372(b), the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of section 23-374.

(8)

When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within zones A1—30 and AE on the community'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.

(9)

Become accredited by the state water resources board in accordance with 82 O.S. §§ 1601—1618, as amended.

(10)

After a disaster or other type of damage occurrence to structure in the city, secure determination if the residential, nonresidential structures and manufactured homes have been substantially damaged and enforce the substantial improvement requirement.

(b)

Permit requirements. Any development proposed within the regulatory floodplain will require an earth change permit as described in chapter 35. The following information is also required in addition to the other earth change permit requirements:

(1)

Elevation (in relation to NAVD 88), of the lowest floor (including basement) of all new and substantially improved structures;

(2)

Elevation (in relation to NAVD 88) to which any nonresidential structure shall be floodproofed;

(3)

A certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of section 23-374(b)(2);

(4)

Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.

(c)

Approval or denial. Approval or denial of an earth change permit for proposed development within the floodplain shall be based on all of the provisions of these regulations 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 and zoning for that area.

(d)

Variance and appeal procedures.

(1)

The board of drainage appeals as established in section 35-57 shall serve as the floodplain board and shall hear and render judgment on requests for variances from the requirements of this article.

(2)

The board of drainage appeals shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made in the enforcement or administration of this article.

(3)

Any person seeking a variance or wanting to appeal a decision shall submit to the board of drainage appeals a completed variance/appeal application form accompanied by a fee set by a resolution of the city council.

(4)

Any person aggrieved by the decision of the board of drainage appeals may appeal such decision to the district court of the county.

(5)

The floodplain administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request.

(6)

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 these regulations.

(7)

Upon consideration of the factors noted above and the intent of these regulations, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of these regulations (section 23-370(c)).

(8)

Variances shall not be issued within any designated floodway unless it is demonstrated that no increase in flood levels during the base flood discharge would result.

(9)

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 an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(10)

The following are prerequisites for granting variances:

a.

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

b.

Variances shall only be issued upon:

1.

Showing a good and sufficient cause;

2.

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

3.

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, or conflict with existing local laws, regulations or ordinances.

c.

Any variance from the requirements of this article shall in no way relieve the applicant from the requirements of section 23-370.

(11)

Variances may be issued 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 (c)(1)—(8) of this section 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.

(12)

A copy of any variance issued shall be sent to the OWRB within in 15 days of issuance.

(d)

Map change procedures. Changes to the boundaries of a floodplain, floodway, flood insurance zone, flood elevation, flood depth and other information shown on the officially adopted floodplain maps must be approved by the Federal Emergency Management Agency (FEMA) through the letter of map revision (LOMR) or letter of map amendment (LOMA) process. The map revision process is also applicable to conditional approvals of revisions that are based on proposed modifications of stream channels and floodplains, proposed elevations for individual structures, or conditions that are expected to exist in the future. All requests for a LOMR must be made through and approved by the floodplain administrator. Technical data supporting the request must be included with the submittal.

(Ord. No. 3023, § 1(23.373), 3-3-2008)

(a)

General standards. In all areas within the floodplain the following provisions are required for all new construction, substantial improvements, or other development:

(1)

All new construction, substantial improvements, or other development 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;

(2)

All new construction, substantial improvements, or other development shall be constructed by methods and practices that minimize flood damage;

(3)

All new construction, substantial improvements, or other development shall be constructed with materials resistant to flood damage;

(4)

All new construction, substantial improvements, or other development shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities located 12" above the base flood elevation so as to prevent water from entering or accumulating within the components during conditions of flooding;

(5)

All new construction, substantial improvements, or other development shall be accomplished without causing an adverse impact to other properties;

(6)

Compensatory storage shall be provided for any fill within the floodplain.

(b)

Specific standards. In all areas within the floodplain where base flood elevation data has been provided as set forth in subsection (c)(3) of this section, section 23-372(b) or 23-373(a)(8), the following provisions are required:

(1)

Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement and electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities), elevated 12 inches above the base flood elevation. A licensed professional engineer or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection, is satisfied.

(2)

Nonresidential construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated 12 inches above the base flood level as certified by a licensed professional engineer or land surveyor, or together with attendant utility and sanitary facilities, be designed so that below the elevation 12 inches above 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. A licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. The floodplain administrator shall maintain a record of all floodproofing certifications that includes the specific elevation (in relation to mean sea level) to which each structure has been floodproofed.

(3)

Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria:

a.

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

b.

The bottom of all openings shall be no higher than one foot above grade.

c.

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(4)

Manufactured homes.

a.

All manufactured homes to be placed within zone A on the FIRM shall be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must 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 FIRM shall be elevated on a permanent foundation such that bottom of the lowest structural support (I-beam), electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities of the manufacture home is elevated 12 inches above the base flood elevation as certified by a licensed professional engineer or land surveyor and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

(5)

Recreational vehicles. All recreational vehicles placed on sites within zones A, A1—30, AH, and AE on the community's FIRM shall either:

a.

Be on the site for fewer than 180 consecutive days;

b.

Be fully licensed and ready for highway use; or

c.

Meet the permit requirements of section 23-373(b), and the elevation and anchoring requirements for manufactured homes in subsection (b)(4) 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.

(6)

Accessory structure. Accessory structures may be allowed within zones A, A1—30, AH, and AE on the FIRM subject to the following criteria:

a.

Structure shall not exceed 200 square feet in size.

b.

Structure shall be unfinished on the interior.

c.

Structure shall not be used for human habitation (including work, sleeping, living, cooking, or restroom areas).

d.

Service facilities such as electrical and heating equipment must be elevated to or above the BFE or floodproofed.

e.

Structure is constructed and placed on building site so as to offer the minimum resistance to the flow of floodwaters.

f.

Structure is designed to have low flood damage potential (i.e., constructed with flood resistance materials).

g.

Structure is firmly anchored to prevent flotation, collapse and lateral movement.

h.

Accessory structures shall not be located within the regulatory floodway.

i.

Openings to relieve hydrostatic pressure during a flood shall be provided below the base flood elevation (BFE).

j.

Structure is to be located so as not to cause damage to adjacent and nearby structures.

(c)

Standards for subdivision proposals.

(1)

All subdivision proposals shall be consistent with section 23-370(b), (c) and (d).

(2)

All proposals for the development of subdivisions shall meet the permit requirements of section 23-373(b) and the provisions of this section.

(3)

Base flood elevation data shall be generated for subdivision proposals and other proposed development which is greater than 50 lots or five acres, whichever is less, if not otherwise provided pursuant to section 23-372(b) or 23-373(b)(8).

(4)

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.

(5)

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

(d)

Standards for areas of shallow flooding (AO/AH zones). Located within the floodplain established in section 23-373(b), are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flows may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:

(1)

All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated 12 inches above the depth specified on the FIRM or 36 inches above the highest adjacent grade if no depth number is specified.

(2)

All new construction and substantial improvements of nonresidential structures:

a.

Have the lowest floor (including basement) elevated 12 inches above the depth specified on the FIRM or 36 inches above the highest adjacent grade if no depth number is specified; or

b.

Together with attendant utility and sanitary facilities, shall be designed so that below the elevation 12 inches above 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 of effects of buoyancy.

(3)

A licensed land surveyor or licensed engineer shall submit a certification to the floodplain administrator that the standards of this section are satisfied.

(4)

Require within zones AH or AO adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures.

(e)

Floodways. Floodways located within the floodplain established in section 23-372(b), are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris, potential projectiles and erosion potential, the following provisions shall apply:

(1)

Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway except for:

a.

Work for the purpose of constructing, repairing, or maintaining any street, utility facility including any service lines related thereto, or any recreational park facility which when completed results in no adverse impact; and

b.

Maintenance of stormwater drainage facilities that does not diminish the design capacity of a drainage system.

(2)

Under the provisions of 44 CFR ch. 1, § 65.12, of the National Flood Insurance regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the developer or community first obtains a conditional FIRM and floodway revision CLOMR through FEMA.

(3)

If subsection (e)(1) or (2) of this section is satisfied, all new construction and substantial improvements within the floodway shall comply with all applicable flood hazard reduction provisions of this section.

(Ord. No. 3023, § 1(23.374), 3-3-2008; Ord. No. 3470, § 1, 2-1-2021)

Violation of the provisions of this article other than the discharge of stormwater shall constitute a Class C offense as defined in section 1-14. Violations of the provisions of this article which result in damage due to the discharge of stormwater shall constitute a Class D offense as defined in section 1-14. Nothing herein contained shall prevent the city from requiring or taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. No. 3023, § 1(23.375), 3-3-2008)