City of Clarkson Valley Missouri

CHAPTER 415: FLOOD DAMAGE PREVENTION

ARTICLE I. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES

SECTION 415.010: STATUTORY AUTHORIZATION

All prior legislative acts of the City of Clarkson Valley, including Ordinance No. 87-3, which set forth requirements for building in special flood hazard areas are hereby repealed and new requirements as authorized by law are hereby adopted for building in said special flood hazard areas. (CC 1990 §7.1-1; Ord. No. 92-2 Art. I §A, 1-7-92)

SECTION 415.020: FINDINGS OF FACT

1. The flood hazard areas of Clarkson Valley are subject to periodic inundation which can result in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
2. These flood losses are caused by the cumulative effect of obstructions in flood plains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazards to other lands which are inadequately elevated, floodproofed, or otherwise unprotected from flood damages. (CC 1990 §7.1-2; Ord. No. 92-2 Art. I §B, 1-7-92)

SECTION 415.030: STATEMENT OF PURPOSE

1. To protect human life and health;
2. To minimize expenditure of public money for costly flood control projects;
3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4. To minimize prolonged business interruptions;
5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in the flood plains;
6. To help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas;
7. To insure that potential home buyers are notified that property is in a flood area; and
8. To insure that those who occupy the areas of special flood hazard assume responsibility for their actions. (CC 1990 §7.1-3; Ord. No. 92-2 Art. I §C, 1-7-92)

SECTION 415.040: METHODS OF REDUCING FLOOD LOSSES

In order to accomplish its purposes, this Chapter includes methods and provisions for:

1. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion or to flood heights or velocities.
2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
3. Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters.
4. Controlling filling, grading, dredging, and other development which may increase erosion or flood damage.
5. Preventing or regulating the construction of flood barriers which will unnaturally divert floodway waters or which may increase flood hazards in other areas. (CC 1990 §7.1-4; Ord. No. 92-2 Art. I §D, 1-7-92)

ARTICLE II. GENERAL PROVISIONS

SECTION 415.050: 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:

ACTUARIAL OR RISK PREMIUM RATES: Those rates established by the Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the Act and the accepted actuarial principles. "Risk premium rates" includes provisions for operating costs and allowances.

ADMINISTRATOR: The Director of the Federal Emergency Management Agency (FEMA).

APPEAL: A request for a review of the Building Commissioner's interpretation of any provision of this Chapter or a request for a variance.

AREA OF SHALLOW FLOODING: A designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with a one percent (1%) or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD: The land in the flood plain within a community subject to one percent (1%) or greater chance of flooding in any given year.

BASE FLOOD: The flood having one percent (1%) chance of being equaled or exceeded in any given year.

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, excavation or drilling operations, or storage of equipment or materials.

EXISTING CONSTRUCTION (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, the FIRM'S effective before that date. "Existing construction" may also be referred to as "existing structures".

FLOOD OR FLOODING: 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 of runoff of surface waters from any source.

FLOOD INSURANCE RATE MAP (FIRM): An official map of a community, on which the Flood Insurance Study has delineated the flood hazard boundaries and the zones establishing insurance rates applicable to the community.

FLOOD INSURANCE STUDY: The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary/Floodway Map and the water surface elevation of the base flood.

FLOODWAY OR 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 more than one (1) foot.

FLOODWAY FRINGE: That area of the flood plain, outside of the floodway, that on the average is likely to be flooded once every one hundred (100) years (i.e., that has a one percent (1%) chance of flood occurrence in any one (1) year).

FREEBOARD: A factor of safety usually expressed in feet above a flood level for purposes of flood plain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, clogged bridge openings, and the hydrological effect of urbanization of the watershed.

HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE: Any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily 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 the Interior; or
4. Individually listed on a Local Inventory of Historic Places in communities with Historic Preservation Programs that have been certified either:
   1. By an approved State program as determined by the Secretary of Interior; or
   2. Directly by the Secretary of the Interior in States without approved programs.

   MANUFACTURED HOME: A structure, transportable in one (1) 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. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.

   MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

   NEW CONSTRUCTION: For the purposes 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 flood plain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a flood plain management regulation adopted by a community and includes any subsequent improvements to such structures.

   RECREATIONAL VEHICLE: A vehicle which is,

   1. Built on a single chassis,
   2. Four hundred (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 a temporary living quarters for recreational, camping, travel or seasonal use.

   REPETITIVE LOSS: Flood-related damages sustained by a structure on two (2) separate occasions during a ten (10) year period for which the cost for repairs at the time of each such flood event, on the average, equals or exceeds twenty-five percent (25%) of the market value of the structure before the damage occurred.

   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 one hundred eighty (180) days of the permit date. The "actual start" means the first (1st) 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. 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 a 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 "actual start of construction" means the first (1st) 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: A walled and roofed building that is principally above ground, as well as a manufactured home, and a gas or liquid storage tank that is principally above ground.

   SUBSTANTIAL DAMAGE: 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 percent (50%) of the market value of the structure before the damage occurred. "Substantial damage" also means flood-related damages sustained by a structure on two (2) separate occasions during a ten (10) year period for which the cost for repairs at the time of each such flood event, on the average, equals or exceeds twenty-five percent (25%) of the market value of the structure before the damage occurred.

   SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

   1. Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local Code Enforcement Official and which are the minimum necessary to assure safe living conditions, or
   2. Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".

   VARIANCE: A grant of relief to a person from the requirements of this Chapter which permits construction in a manner otherwise prohibited by this Chapter where specific enforcement would result in unnecessary hardship. (CC 1990 §7.1-5; Ord. No. 92-2 Art. 2, 1-7-92; Ord. No. 95-08 §1, 7-5-95; Ord. No. 98-05 §§1-2, 3-3-98)

   SECTION 415.060: LANDS TO WHICH THIS CHAPTER APPLIES

   This Chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Clarkson Valley. (CC 1990 §7.1-6; Ord. No. 92-2 Art. 3 §A, 1-7-92)

   SECTION 415.070: BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD

   The areas of special flood hazard identified by the Federal Emergency Management Agency through a scientific and engineering report entitled "The Flood Insurance Study for the City of Clarkson Valley, Missouri", dated January 2, 1992, with accompanying Flood Insurance Rate Maps (and Flood Boundary and Floodway Maps) with any revision thereto are hereby adopted by reference and declared to be a part of this Chapter. The Flood Insurance Study is on file at City Hall, 15933 Clarkson Road, Clarkson Valley, Missouri. (CC 1990 §7.1-7; Ord. No. 92-2 Art. 3 §B, 1-7-92)

   SECTION 415.080: PENALTIES FOR NON-COMPLIANCE

   1. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Chapter and other applicable regulations.
   2. Violation of the provisions of this Chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a misdemeanor. Any person who violates this Chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than five hundred dollars ($500.00) or imprisoned for not more than ninety (90) days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
   3. Nothing herein contained shall prevent the municipality or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation. (CC 1990 §7.1-8; Ord. No. 92-2 Art. 3 §C, 1-7-92)

   SECTION 415.090: ABROGATION AND GREATER RESTRICTIONS

   This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (CC 1990 §7.1-9; Ord. No. 92-2 Art. 3 §D, 1-7-92)

   SECTION 415.100: INTERPRETATION

   In the interpretation and application of this Chapter, all provisions shall be:

   1. Considered as minimum requirements;
   2. Liberally construed in favor of the Governing Body; and
   3. Deemed neither to limit nor repeal any other powers granted under State Statutes. (CC 1990 §7.1-10; Ord. No. 92-2 Art. 3 §E, 1-7-92)

   SECTION 415.110: WARNING AND DISCLAIMER OF LIABILITY

   The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of Clarkson Valley or by any officer or employee thereof for any flood damages that result from reliance or this Chapter or any administrative decision lawfully made thereunder. (CC 1990 §7.1-11; Ord. No. 92-2 Art. 3 §F, 1-7-92)

   ARTICLE III. ADMINISTRATION

   SECTION 415.120: ESTABLISHMENT OF A DEVELOPMENT PERMIT

   A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 415.070. No person, firm, or corporation or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate permit for each development as defined in Section 415.050. Application for a development permit shall be made on forms furnished by the Building Commissioner and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

   1. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures.
   2. Elevation in relation to mean sea level to which any non-residential structure is to be floodproofed.
   3. Certification from a registered professional engineer or architect that the non-residential floodproofed structure will meet the floodproofing criteria in Section 415.180(2).
   4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (CC 1990 §7.1-12; Ord. No. 92-2 Art. 4 §A, 1-7-92)

   SECTION 415.130: DESIGNATION OF THE LOCAL ADMINISTRATOR

   The Building Commissioner is hereby appointed to administer and implement the provisions of this Chapter, by granting or denying development permit applications in accordance with its provisions. (CC 1990 §7.1-13; Ord. No. 92-2 Art. 4 §B, 1-7-92)

   SECTION 415.140: DUTIES AND RESPONSIBILITIES OF BUILDING COMMISSIONER

   Duties of the Building Commissioner shall include, but not be limited to:

   1. Review all development permits to assure that sites are reasonably safe from flooding and that the permit requirements of this Chapter have been satisfied.
   2. Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required.
   3. When base flood elevation data has not been provided in accordance with Section 415.070, then the Building Commissioner shall obtain, review, and reasonably utilize any base flood elevation or floodway data available from a Federal, State or other source, in order to administer the provisions of Article IV of this Chapter.
   4. Verify, record and maintain record of the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures.
   5. Verify, record and maintain record of the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed.
   6. When floodproofing is utilized for a particular structure, the Building Commissioner shall obtain certification from the permittee's registered professional engineer or architect.
   7. Notify adjacent communities and the MDNR, FPM Section prior to any alteration or relocation of a watercourse, and shall submit evidence of such notification to the Federal Emergency Management Agency.
   8. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
   9. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Building Commissioner shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this Article. (CC 1990 §7.1-14; Ord. No. 92-2 Art. 4 §C, 1-7-92)

   SECTION 415.150: VARIANCE PROCEDURES

   1. The Board of Adjustment as established by Clarkson Valley shall hear and decide appeals and requests for variances from the requirements of this Chapter.
   2. The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Building Commissioner in the enforcement or administration of this Chapter.
   3. Any person or any neighborhood organization, as defined in Section 32.105, RSMo., representing such person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the Circuit Court of St. Louis County as provided in the Missouri Statutes.
   4. In passing upon such applications, the Board of Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other Sections of this Chapter; and:
      1. The danger that materials may be swept onto other lands to the injury of others;
      2. The danger to life and property due to flooding or erosion damage;
      3. The susceptibility of proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
      4. The importance of the services provided by the proposed facility to the community;
      5. The necessity of the facility to a waterfront location, where applicable;
      6. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
      7. The compatibility of the proposed use with existing and anticipated development;
      8. The relationship of the proposed use to the Comprehensive Plan and flood plain management program for that area;
      9. The safety of access to the property in times of flood for ordinary and emergency vehicles;
      10. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and
      11. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
   5. Conditions For Variances.
      1. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (2-6) below, have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.
      2. Variance 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 a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
      3. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
      4. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
      5. Variances shall only be issued upon:
         1. A showing of 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 or ordinances.
      6. Any applicant to whom a variance is granted shall be given a written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (CC 1990 §7.1-15; Ord. No. 92-2 Art. 4 §D, 1-7-92)

   ARTICLE IV. PROVISIONS FOR FLOOD HAZARD REDUCTION

   SECTION 415.160: GENERAL STANDARDS

   In all areas of special flood hazards (Zones A, AE, A1-30, AO, AH) the following provisions are required:

   1. All new construction including manufactured homes and substantial improvements 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 and substantial improvements shall be constructed with materials resistant to flood damage.
   3. All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.
   4. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
   5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
   6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.
   7. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
   8. The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited.
   9. Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.
   10. Until a floodway has been designated, no development, including landfill, may be permitted within Zones A1-30 and AE on the City's FIRM unless the applicant for the land use has demonstrated that the proposed use, when combined with all other existing and reasonably anticipated uses, will not increase the water surface elevation of the one hundred (100) year flood more than one (1) foot on the average cross-section of the reach in which the development or landfill is located as shown on the Flood Insurance Rate Study incorporated by reference; Section 415.070. (CC 1990 §7.1-16; Ord. No. 92-2 Art. 5 §A, 1-7-92)

   SECTION 415.170: STANDARDS FOR SUBDIVISION PROPOSALS

   1. All subdivision proposals and other proposed new developments, including manufactured home parks or subdivisions, shall be consistent with the need to minimize flood damage.
   2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
   3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.
   4. Base flood elevation data shall be provided for subdivision proposals and other proposed development (including proposals for manufactured home parks and subdivisions), which is greater than either fifty (50) lots or five (5) acres. (CC 1990 §7.1-17; Ord. No. 92-2 Art. 5 §B, 1-7-92)

   SECTION 415.180: SPECIFIC STANDARDS

   In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 415.070 or Article III, Section 415.140(3), (Zones A1-30, AE and AH) the following provisions are required:

   1. Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above one (1) foot above the base flood elevation.
   2. Non-residential construction. New construction or substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to one (1) foot above the level of the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below such a 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 registered professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the official as set forth in Article III, Section 415.140(6).
   3. Require for all new construction and substantial improvements. 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 flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters.
   4. Manufactured homes.
      1. All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement. Manufactured homes must be anchored in accordance with State and local Building Codes and FEMA guidelines. In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met:
         1. Over-the-top ties shall be provided at each of the four (4) corners of the manufactured home, with two (2) additional ties per side at intermediate locations and manufactured homes more than fifty (50) feet long requiring only one (1) additional tie per side;
         2. Frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points and manufactured homes more than fifty (50) feet long requiring only four (4) additional ties per side;
         3. All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and
         4. Any additions to the manufactured home be similarly anchored.
      2. Require that all manufactured homes to be placed within Zones A1-30, AH, and AE on the community's FIRM, be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevations; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Subsection 4(a) of this Section.
   5. Recreational vehicles.
      1. Require that recreational vehicles placed on sites within the identified flood plain on the communities FIRM either:
         1. Be on the site for fewer than one hundred eighty (180) consecutive days, and be fully licensed and ready for highway use (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); or
         2. Meet the permit requirements and the elevation and anchoring requirements for manufactured homes of this Section. (CC 1990 §7.1-18; Ord. No. 92-2 Art. 5 §C, 1-7-92; Ord. No. 95-08 §2, 7-5-95)

   SECTION 415.190: FLOODWAYS

   Located within areas of special flood hazard established in Section 415.070 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:
   1. Prohibit encroachments, including fill, new construction, substantial improvements and other developments unless certification by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge.
   2. If Subsection (1) hereof is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article IV.
   3. In Zone A unnumbered, obtain, review and reasonably utilize any floodway data available through Federal, State or other sources or Section 415.170(4) of this Article in meeting the standards of this Section. (CC 1990 §7.1-19; Ord. No. 92-2 Art. 5 §D, 1-7-92)

   ARTICLE V. NON-CONFORMING USE

   SECTION 415.200: NON-CONFORMING USE

   1. A structure or the use of a structure or premises which was lawful before the passage or amendment of the original Flood Plain Ordinance, but which is not in conformity with the provisions of this Chapter may be continued subject to the following conditions:
      1. If such use is discontinued for one (1) month, any future use of the building premises shall conform to this Chapter. The Utility Department shall notify the Building Commissioner in writing of instances of non-conforming uses where utility services have been discontinued for a period of one (1) month.
      2. Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as non-conforming uses.
   2. If any non-conforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty percent (50%) of the market value of the structure before the damage occurred except that if it is reconstructed in conformity with the provisions of this Chapter. This limitation does not include the cost of any alteration to comply with existing State or local health, sanitary, building, or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. (CC 1990 §7.1-20; Ord. No. 92-2 Art. 6, 1-7-92)

   ARTICLE VI. AMENDMENTS

   SECTION 415.210: AMENDMENTS

   1. The regulations, restrictions and boundaries set forth in this Chapter may from time to time be amended, supplemented, changed, or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973, provided however, that no such action may be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the municipality.
   2. At least twenty (20) days shall elapse between the date of this publication and the public hearing. A copy of such amendments will be provided to the Federal Emergency Management Agency. The regulations of this Chapter are in compliance with the National Flood Insurance Program Regulations as published in Title 44 of the Code of Federal Regulations. (CC 1990 §7.1-21; Ord. No. 92-2 Art. 7, 1-7-92)

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