Chapter 15.40 — FLOODPLAIN MANAGEMENT

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

"Areas of special flood hazard" means the land within a community subject to a one percent or greater chance of flooding in any given year. This land is identified as Zone A on the official map.

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

"Flood" means a temporary rise in stream's flow or stage which results in water overflowing its banks and inundating areas adjacent to the channel or an unusual and rapid accumulation or runoff or surface waters from any source.

"Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures, including utility and sanitary facilities, which would preclude the entry of water. Structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.

"Habitable floor" means any floor used for living which includes working, sleeping, eating, cooking or recreation or combination thereof. A floor used only for storage purposes is not a habitable floor.

"Mobile home" means as structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.

"Mobile home park (subdivision)" or "mobile home subdivision" means a parcel (or contiguous parcels) of land which has been divided into two or more lots for rent or sale and the placement of mobile homes.

"Regulatory flood elevation" means the water surface elevation of the one-hundred-year flood.

"Structure" means a walled and roofed structure, including a gas or liquid storage tank that is principally above the ground, including but with limitation to buildings, factories, sheds, cabins, mobile homes and other similar uses.

"Substantial improvement" means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either: (1) before the improvement is started, or (2) if the structure has been damaged and is being restored before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any alteration to comply with existing state or local health, sanitary, building or safety codes or regulations as well as structures listed in National or State Registers of Historic Places.

"One-hundred-year flood" means the condition of flooding having one percent chance of annual occurrence.

(Prior code §9A-1)

The community development director has these added responsibilities and is authorized and directed to enforce all the provisions of this floodplain management chapter and all other ordinances of the city now in force or hereafter adopted, relating to zoning, subdivision or building codes.

(Prior code §9A-2)

The community development director shall be appointed to these additional responsibilities by resolution of the city council and his or her appointment shall continue during good behavior and satisfactory service. During temporary absences or disability of the community development director, the governing body of the city shall designate an acting community development director.

(Prior code §9A-3)

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

• B. Application. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished for that purpose. Every such application shall:

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

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

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

  4. Be accompanied by plans and specifications for proposed construction;

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

  6. Within designated flood-prone areas, be accompanied by elevations (in relation to mean sea level) of the lowest habitable floor (including basement) or in the case of floodproofed nonresidential structures, the elevation to which it has been floodproofed. Documentation or certification of such elevations will be maintained by the building section of the public works department;

  7. Give such other information as reasonably may be required by the public works, planning or fire departments.

(Prior code §9A-4)

The community development director or his or her appointee shall review all development permit applications to determine if the site of the proposed development is reasonably safe from flooding and that all necessary permits have been received as required by federal or state law. (Prior code §9A-5)

The community development director or his or her appointee, in reviewing all applications for new construction, substantial improvements, prefabricated buildings, placement of mobile homes and other development(s), as defined in Section 15.40.010, will:

• A. Obtain, review and reasonably utilize, if available, any regulatory flood elevation data from federal, state or other sources, until such other data is provided by the Federal Insurance Administration in a flood insurance study, and require the following performance standards be met:

  1. The first-floor elevation (to include basement) of new residential structures, be elevated to or above the regulatory flood elevation,

  2. The first-floor elevation (to include basement) of nonresidential structures be elevated or floodproofed to or above the regulatory flood elevation;

• B. Require the use of construction materials and utility equipment that are resistant to flood damage;

• C. Require the use of construction methods and practices that will minimize flood damage;

• D. Be designed or anchored to prevent the flotation, collapse or lateral movement of the structure or portions of the structure due to flooding;

• E. Assure that in regard to mobile homes, specific anchoring requirements are:

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

  2. Frame ties be provided at each corner of the home with five additional ties per side at intermediate points and mobile homes less than fifty feet long requiring four additional ties per side,

  3. All components of the anchoring system be capable of carrying a force of four thousand eight hundred pounds,

4. Any additions to mobile homes be similarly anchored.

(Prior code §9A-6)

The governing body of the city shall review all subdivision applications and shall make findings of fact and assure that:

• A. All such proposed developments are consistent with the need to minimize flood damage.

• B. Adequate drainage is provided so as to reduce exposure to flood hazards.

C. All public utilities and facilities are located so as to minimize or eliminate flood damage. (Prior code §9A7)

New and replacement water and sewer systems shall be constructed to eliminate or minimize infiltration by, or discharged into, floodwaters. Moreover, on-site waste disposal systems will be designed to avoid impairment or contamination during flooding. (Prior code §9A-8)

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

(Prior code §9A-9)

This chapter shall take precedence over conflicting ordinances or parts of ordinances. The city council may, from time to time, amend this chapter to reflect any and all changes in the National Flood Disaster Protection Act of 1973. The regulations of this chapter are in compliance with the National Flood Insurance Program Regulation as published in the Federal Register, Volume 41, Number 207, dated October 26, 1986.

(Prior code §9A-10)