§ 74-206.3. Nonresidential structures in historically modified floodplain area.

(a)

New development. A new nonresidential structure to be located on property encumbered by a historically modified floodplain shall be located not less than three feet above the base flood elevation or two feet above the highest observed flood.

(b)

Flood protecting new non-residential structures. If, due to site conditions, a new nonresidential structure cannot be located not less than three feet above the base flood elevation or two feet above the highest observed flood, in accordance with section 74206.3(a), the structure may be flood protected in accordance with section 74-206.5(d).

(c)

Substantially damaged or substantially improved structures. If an existing nonresidential 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 three feet above the base flood elevation or two feet above the highest observed flood.

(d)

Elevating existing non-residential structures. An existing nonresidential structure required to be elevated in accordance with section 74-206.3(c) may be elevated in accordance with either section 74-206.5(b) or section 74-206.5(c); provided however that section 74-206.5(a) shall apply to an elevated non-residential structure regardless of whether section 74-206.5(b) or section 74-206.5(c) applies.

(e)

Flood protecting non-residential structures. If, due to structural conditions, an existing non-residential structure cannot be located not less than three feet above the base flood elevation or two feet above the highest observed flood, an existing non-residential structure may be flood protected in accordance with section 74-206.5(d).

(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 74-206.3(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), § 12, 5-29-13; Ord. No. 2017-43(17-O-1393), § 4, 7-26-17 )