§ 74-206.2. Multifamily structures in historically modified floodplain areas.

(a)

New development. A new multifamily residential structure to be located on property encumbered by a historically modified floodplain shall be located not less than 15 feet horizontally and two feet vertically beyond the nearest base flood elevation.

(b)

Elevating new multifamily residential structures. If, due to site conditions, a new multifamily residential structure cannot comply with the 15-foot horizontal requirement, in accordance with section 74-206.2(a), the structure shall be constructed to be two feet above the high water mark or three feet above the nearest base flood elevation. Such a structure must also comply with section 74-206.5(a).

(c)

Substantially damaged or substantially improved structures. If an existing multifamily residential structure located within the historically modified floodplain has sustained substantial damage or is proposed for substantial improvement. the structure shall be located not less than 15 feet horizontally and two feet vertically beyond the nearest base flood elevation.

(d)

Elevating existing multifamily residential structures. If, due to site conditions, an existing multifamily residential structure cannot comply with the 15-foot horizontal requirement, in accordance with section 74-206.2(c), the structure may be elevated in accordance with either section 74-206.5(b) or section 74-206.5(c); provided however, section 74206.5(a) shall apply to all elevated structures regardless of whether section 74-206.5(b) or section 74-206.5(c) applies.

(e)

Flood protecting multifamily residential structures. An existing multifamily residential structure that has not been substantially damaged or is not proposed for substantial improvement may be flood protected in accordance with section 74-206.5(d). A new multifamily residential structure or an existing multifamily residential structure that has been substantially damaged or is proposed for substantial improvement may not be flood protected to comply with the provisions of this article.

(f)

Fill in floodplain. The placement of fill in the historically modified floodplain area may be allowed if it can be demonstrated that there will be no increase of flood elevation or adverse impacts on any upstream, downstream or adjacent property.

(g)

Regional mitigation. The demonstration of no increase of flood elevation or adverse impacts on any upstream, downstream or adjacent property, as required pursuant to section 74-206.2(f), may be achieved by contribution to a regional flood mitigation system located within the same sewer basin as the subject property, subject to approval by the Commissioner.

(Ord. No. 2013-20(13-O-1021), § 11, 5-29-13; Ord. No. 2017-43(17-O-1393), § 3, 7-26-17 )