The provisions herein governing the development and use of inland and tidal land subject to flood hazards shall be minimum provisions, shall take precedence over any other conflicting laws, ordinances or codes, but shall consider any flood plain management programs in neighboring areas, and are established for the following purposes:

A.

To avoid or lessen the various hazards to persons resulting from inland and tidal flooding and the damage to property resulting from accumulation or runoff of storm and flood waters;

B.

To protect floodways from encroachment;

C.

To maintain the capability of the flood plain to retain flood waters;

D.

To provide for the development of the flood plain with uses not subject to severe damage by flooding and which are compatible with other uses permitted in the various zones;

E.

To permit only uses, improvements and practices in the flood plain that are not hazardous during flood periods;

F.

To establish areas in which the elevation and flood proofing of structures and facilities must be regulated;

G.

To avoid the creation of new flood problems; and

H.

To complement and enhance an overall conservation program.

For the purpose of this article, and this ordinance generally, the following terms shall have these meanings:

A.

Special flood hazard areas: Those areas of special flood hazard identified as "A" zones (Al-30) and "V" and V1-30 zones by the Federal Emergency Management Agency (FEMA) through a report entitled "The Flood Insurance Study for the Town of Warren, R.I." dated December 1982 with accompanying Flood Insurance Rates Maps (FIRM), effective date June 1, 1983, and any subsequent revisions thereto, and in addition, any regulatory floodway lines or maps designated through the process described in section 32-100 (B2) herein, are adopted by reference and declared to be part of this ordinance without the need to revise this ordinance.

B.

Base flood elevation: The one hundred-year flood elevation or level as designated on a FIRM or a FHBM.

C.

Flood fringe land: The continuous land adjacent to and higher than special flood hazard areas, the elevation of which is no greater than one (1) foot above the adjacent base flood elevation, and for the purposes of the flood provisions within this zoning ordinance, shall be subject only to provisions dealing with storage of bulk materials and anchoring of customary yard features in flood fringe lands.

D.

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

E.

Regulatory floodway: 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 of that flood more than one (1) foot at any point.

F.

Substantial improvements: As defined in Rhode Island State Building Code Rules and Regulations for Construction in Flood Hazard Areas, dated July 1, 1977, and any amendments thereto.

G.

Nonconforming structure: For the purpose of this article, a nonconforming structure shall mean:

1.

A residential structure with the lowest habitable floor (including basement) below the one hundred-year base flood elevation; or

2.

A nonresidential structure which has not been flood proofed to that level.

H.

Recreational vehicle: A vehicle, which is:

1.

Built on a single chassis;

2.

Four hundred (400) square feet 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.

I.

Freeboard: A factor of safety expressed in feet above the base flood elevation of a flood hazard area for purposes of floodplain management. Freeboard compensates for the many unknown factors that could contribute to flood heights such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

J.

Building Height: For the purposes of this article, building height for any property or structure located in a special flood hazard area shall be measured from base flood elevation, and where freeboard, as defined in this section, is being utilized or proposed, such freeboard area, not to exceed five (5) feet, shall be excluded from the building height calculation.

(Amd. of 6-11-19)

All lands determined to be within special flood hazard areas and flood fringe lands shall be subject to the procedures and requirements established in this section. Additionally, development within two hundred (200) feet of any water course shown on a FIRM or FHBM shall also be governed. However, nothing contained herein shall prohibit the application of these requirements to lands which can be demonstrated by competent engineering survey to lie within any flood fringe lands; conversely, any lands which can be demonstrated by competent engineering survey to lie beyond the flood fringe lands shall not be subject to these requirements:

A.

Nonconforming structures located with all special flood hazard areas shall not be enlarged or expanded.

B.

No proposed construction or other development shall proceed prior to the issuance of a development permit from the building inspector. Such proposals shall be reviewed to assure that:

1.

All such proposals are consistent with the need to minimize flood damage within the flood-prone area;

2.

All public utilities and facilities such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage; and

3.

Adequate drainage is provided to reduce exposure to flood hazards.

C.

All proposed new developments shall include base flood elevation data within such proposals.

D.

No water course may be altered or relocated without prior notification to the building inspector; the R. I. Statewide Planning Program; affected adjacent communities; and the Federal Emergency Management Agency (FEMA).

E.

To insure that the flood carrying capacity within an altered or relocated water course is maintained, the following provisions shall be taken:

1.

Until a regulatory floodway is designated, no new construction, substantial improvement or other development (including fill) shall be permitted 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 (1) foot at any point within this community.

2.

When a regulatory floodway is designated, based on flood data from any sources, including the developer:

a.

The regulatory floodway shall be selected and adopted on the principal that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one (1) foot at any point;

b.

Encroachments shall be prohibited including fill, new construction, substantial improvements and other development within the adopted regulatory floodway that would result in any increase in flood levels within the community during the occurrences of the base flood discharge; and

c.

The placement of any mobile homes shall be prohibited within the adopted regulatory floodway except in an existing mobile home park or mobile home subdivision.

d.

Recreational vehicles placed on sites within zones A1-30, AH and AE shall either be on the site for fewer than one hundred eighty (180) consecutive days, be fully licensed and ready for highway use, or meet all standards of Section 60.3 (b)(1) of the NFIP Regulations and the elevations and anchoring requirements for "manufactured homes" in paragraph (c)(6) of Section 60.3.

3.

All buildings shall be set back from a floodway at least the average of the setbacks existing on similar improvements on plots within two hundred (200) feet, or at least thirty (30) feet if there are no such improvements on plots within two hundred (200) feet. Accessory structures may, by special use permit, extend to the floodways; authorized public and semi-public bodies may be permitted to erect structures within a floodway only when the most extenuating circumstances warrant the issuance of a special use permit.

4.

No principal building shall be located within the floodway set back lines established in accordance with subsection E.3 above. Principal buildings shall be located landward of mean high tide.

A.

Within all special flood hazard areas designated as velocity zones and identified as zone VI-30 on the effective FIRM, the following requirements shall apply:

1.

New construction shall be located landward of the reach of mean high tide;

2.

The alteration of sand dunes shall not be permitted; and

3.

The placement of any mobile homes shall be prohibited within zones V1-30 except within an existing mobile park.

A.

Filling. The filling of special flood hazard areas if otherwise authorized, may be permitted provided that the fill material:

1.

Obtained elsewhere is offset by the removal of an equivalent volume in the immediate vicinity of the area filled;

2.

Is obtained from the immediate vicinity of the area filled; and

3.

Shall not encroach upon, impede the flow of, or diminish the cross-sectional area of the floodway.

B.

Preliminary site work. No preliminary site work may begin on any land below the base flood elevation until the building inspector has certified that the proposed use shall:

1.

Not cause the base flood elevation to rise more than one (1) foot when combined with all other similar existing and proposed uses;

2.

Not make more than twenty five (25) percent of the parcel below the base flood elevation along inland fresh water streams impervious to water, including but not limited to, roofs and paved areas;

3.

Not create hazards to water supplies or sewer systems; and

4.

Meet all other code provisions relating to flood hazards.

C.

Storage of bulk materials. No material shall be stored in special flood hazard areas as well as in flood fringe lands which are likely to cause an obstruction, create a fire hazard, or pollute the water during flood periods. Such material includes but is not limited to substantial quantities of lumber and other floatable materials, volatile materials, acids, poisons, liquids other than water, and soluble materials.

D.

Customary yard features, anchoring. Reasonable provisions shall be made for anchoring down those items customarily found out of doors, which are capable of floating in water for a prolonged period of time and ordinarily not anchored. Such items shall include but not be limited to: movable structures and sheds; animal shelters, cages and feeders; fuel containers, tanks, cylinders and cans; picnic benches; railroad ties; flower boxes and planters; barrels and refuse containers; storage boxes; pallets; tires and tubes; freezers and refrigerators; lobster and eel traps; boat hulls; docking and float materials; signs; and stored vehicles.

E.

Other regulations to apply. Except for the provisions of this article as they apply to the flood plain and the flood fringe land, the regulations for the zoning district in which such land is located shall continue in full force and effect.

The zoning board of review may vary the provisions of this article in the case of a proven hardship. Variances granted under this section shall be noted on the property deed and shall contain the following information:

A.

Flood hazard zone designation and date of flood map; and

B.

Number in feet which the lowest habitable floor will be located in relation to the one hundred-year flood level.