The following are additional standards recommended by the regional office. While more stringent than the minimum standards of the National Flood Insurance Program, they will greatly reduce the potential for significant flood damages in the future.
A. Nonconforming use. A structure or the use of a structure or premises which was lawful before the passage or amendment of the chapter, but which is not in conformity with the provisions of this article may be continued subject to the following conditions:
1. If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this article.
2. If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 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 article. 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.
3. A structure may be improved (remodeled or enlarged) without conforming to current requirements for elevation so long as the cumulative value of all work done within the last five calendar years does not exceed 50% of the structure's current market value. If the cumulative value of the improvement does exceed 50% of the structure's current market value, the structure must be brought into compliance with §
26-49 (General provisions), Subsection
C (Compliance), which requires elevation of residential structures to or above the base flood elevation or the elevation/floodproofing of nonresidential structures to or above the base flood elevation.
Critical facilities are all new or substantially improved nonresidential facilities, including, but not limited to, governmental buildings, police stations, fire stations, hospitals, orphanages, penal institutions, communications centers, water and sewer pumping stations, water and sewer treatment facilities, community centers, transportation maintenance facilities, places of public assembly, emergency aviation facilities, and schools.
1. All such facilities shall be elevated above the elevation of the 500-year flood 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 §
26-51 (Administration), Subsection C9 (Duties and responsibilities of Floodplain Administrator).
2. All critical facilities shall have access routes which are above the elevation of the 500-year flood.
3. No critical facilities shall be constructed in the floodway.
All hazardous material storage and handling sites shall be located out of the special flood hazard area.
D. Freeboard recommendation. The following freeboard is recommended for all development types:
1. Residential. Section
26-52 (Provisions for flood hazard reduction), Subsection B1 (Specific standards), contains elevation requirement for residential development. The minimum requirement, except where state law has a more stringent requirement, is for elevation to the base flood elevation. It is recommended that communities require at least an additional one foot of elevation. This will reduce the flood insurance premiums for residents and provide an additional measure of safety.
2. Nonresidential. Section
26-52 (Provisions for flood hazard reductions), Subsection B2 (Specific standards) contains elevation requirement for nonresidential development. The minimum requirement, except where state law has a more stringent requirement, is for elevation or floodproofing to the base flood elevation. It is recommended that communities require at least an additional one foot of elevation. This will reduce the flood insurance premiums for residents and provide an additional measure of safety. This is especially true when a nonresidential structure is floodproofed. Unless the floodproofed structure is floodproofed to one foot above the base flood elevation, the flood insurance is rated at below base flood elevation.
