§ 74-212. Proposed change in use of existing encroachments.

(a)

Traditional floodplain. Existing structures in the traditional floodplain that are proposed for a redevelopment that will change the structure category (e.g., a multifamily structure redeveloped to a nonresidential structure) must comply with the following:

(1)

The proposed redeveloped structure shall be located not less than 15 feet horizontally and two feet vertically beyond the nearest base flood elevation.

(2)

If due to site conditions, the redeveloped structure cannot comply with the 15-foot horizontal requirement, in accordance with section 74-212(a)(1), the structure may be elevated in accordance with sections 74-205.5(a) and 74-205.5(c).

(3)

The proposed redeveloped structure must comply with the applicable requirements of section 74-205.1, 74-205.2 or 74-205.3.

(4)

The type or degree of occupancy of the replacement structure must be less than the type or degree of occupancy of the original structure. (i.e. Multi-family or single-family occupancy may change to non-residential use but non-residential use may not change to residential).

(b)

Historically modified floodplain. Existing structures in the historically modified floodplain that are proposed for redevelopment that will change the structure category (e.g., a multifamily structure redeveloped to a nonresidential structure) must comply with the following:

(1)

The proposed redeveloped structure shall be located not less than 15 feet horizontally and two feet vertically beyond the nearest base flood elevation.

(2)

If due to site conditions, the redeveloped structure cannot comply with the 15-foot horizontal requirement, in accordance with section 74-212(b)(1), the structure may be elevated in accordance with sections 74-206.5(a) and 74-206.5(c)

(3)

The proposed redeveloped structure must comply with the applicable requirements of section 74-206.1, 74-206.2 or 74-206.3.

(4)

The type or degree of occupancy of the replacement structure must be less than the type or degree of occupancy of the original structure. (i.e. Multi-family or single-family occupancy may change to non-residential use but non-residential use may not change to residential).

( Ord. No. 2017-43(17-O-1393), § 5, 7-26-17 )