Chapter 160 – Flood Plain Regulations

CHAPTER 160 FLOOD PLAIN REGULATIONS 160.01 Purpose 160.12 Flood Plain Development Permit Required 160.02 Definitions 160.13 Application for Permit 160.03 Lands to Which Chapter Applies 160.14 Action on Application 160.04 Compliance 160.15 Construction and Use to Be as Provided in 160.05 Abrogation and Greater Restrictions Application and Plans 160.06 Interpretation 160.16 Variances 160.07 Warning and Disclaimer of Liability 160.17 Factors Upon Which the Decision to Grant Variances 160.08 General Flood Plain Management Standards Shall be Based 160.09 Special Floodway Standards 160.18 Conditions Attached to Variances 160.10 Special Shallow Flooding Areas Standards 160.19 Nonconforming Uses 160.11 Administration 160.20 Amendments 160.01 PURPOSE. It is the purpose of this chapter to protect and preserve the rights, privileges, and property of the City and its residents and to preserve and improve the peace, safety, health, welfare, and comfort and convenience of its residents by minimizing flood losses with provisions designed to: 1. Restrict Use. Restrict or prohibit uses which are dangerous to health, safety, or property in times of flood or which cause excessive increases in flood heights or velocities. 2. Vulnerable Uses Protected. Require that uses vulnerable to floods, including public facilities which serve such uses, be protected against flood damage at the time of initial construction or substantial improvement. 3. Unsuitable Land Purchases. Protect individuals from buying lands which may not be suited for intended purposes because of flood hazard. 4. Flood Insurance. Assure that eligibility is maintained for property owners in the community to purchase flood insurance through the National Flood Insurance Program. 160.02 DEFINITIONS. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. 1. “Base flood” means the flood having one percent chance of being equaled or exceeded in any given year. (See 100-year flood.) 2. “Basement” means any enclosed area of a building which has its floor or lowest level below ground level (subgrade) on all sides. (Also see “lowest floor.”) 3. “Development” means any manmade 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. 4. “Existing construction” means any structure for which the “start of construction” commenced before the effective date of the community’s Flood Insurance Rate Map. (May also be referred to as “existing structure.”) 5. “Existing factory-built home park or subdivision” means a factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory- built 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) was completed before the effective date of these flood plain management regulations.