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SECTION 46- FLOOD AREA MANAGEMENTS REGULATIONS

46.01- PURPOSE- The purpose of these regulations is to provide for the identification of potential flood hazard areas and the control of any development activity within these areas.

46.02- IDENTIFICATION- Flood Hazard Boundaries are those shown on the latest revision of maps provided by the federal government through the Federal Emergency Management Agency. The latest version of the maps have an effective date of March 7, 2001, and revision thereto, and are drawn at a scale of `1" = 400'. These maps are adopted as part of this Code.
Interpretation of the maps shall be by the Commission staff who may ask the assistance of the FEMA.
The flood areas are also shown in a simplified version on the Zoning Map for the purpose of alarming potential land-users to see the more detailed FEMA maps.

46.02A- DEFINITIONS-

1. Area of Special Flood Hazard- is the land in the flood plain within a community subject to a one (1) percent or greater chance of flooding in any given year.
2. Base flood (or 100 year flood)- means the flood having a one (1) percent chance of being equaled or exceeded in any given year.
3. Basement- means any area of the building having its floor subgrade (below ground level) on all sides.
4. Development- means any man-made change to improved or unimproved real estate, including, but not limited to buildings or structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of equipment or materials.
5. Five Hundred (500) year area- means the flood having a five (5) percent change of being equal or exceeded in any given year.
6. 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 fifty (50) percent of the market value of the structure before the damage occurred.
7. Substantial Improvement- means any combination of repairs, reconstruction, alteration, or improvements to a structure taking place over a ten year period, in which the cumulative cost equals or exceeds fifty (50) percent of the market value of the structure. The market value of the structure should be (1) the appraised value of the structure "using the cost approach to value" prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. For purpose 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 improvements project required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.

46.04- LAND USES- For land use purposes the flood areas are an overlay of the basic zones therefore uses and controls provided for elsewhere in this Code shall apply.

The following restrictions shall apply to the specific areas whose boundaries are shown in the Floodway Map.

1. Floodway. Development limited to utilitarian structures such as bridges and utility crossings or those uses permitted in the Riverfront Recreation Zone, provided such development shall comply with the National Flood Insurance Program regulations in its Section 60.3 (d)(3) which requires that a projects' encroachment not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
   The text NFIP Section 60.3 (d)(3) is as follows: "Prohibit encroachment, 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 in flood levels within the community during the occurrence of the base flood discharge."
2. One hundred year area, approximate 100 year area and 500 year area- no development permitted except as specified herein below.

   (b-1) Structures already located in the flood prone areas may be flood proofed up to, or above, the elevation of the base flood level area.
   Flood proofing means any combination of structural or non-structural additions, change or adjustment to structure which reduces or eliminates flood damage to real estate or improve real property, water and sanitary facilities, structures and their contents. Floodproofing of residential structures will not satisfy the substantial improvement rule.

   (b-2) Any non-residential use may be proposed and such proposed development shall be considered as a Special Exception following the procedures of Zoning Code Section 44.

   All proposals shall be designed by a proper category of professional person as required by State law. Proposal shall be reviewed with the objective of determining potential impact on flooding and suitability of the facility to withstand potential flooding in accordance with the proposed use.

   Design of the project shall be in accordance with the requirements of the National Flood Regulations with specific reference to Insurance Program Section 60.3(c)(3&4).