Subject: 9741 Amend/Flood Hazard Definitions Date: Wed, 27 May 1992 08:55:00 -0500 ORDINANCE NO. 9741 AN ORDINANCE TO AMEND ORDINANCE NO. 6958, AS AMENDED, KNOWN AS THE ZONING ORDINANCE, SO AS TO AMEND CERTAIN SECTIONS RELATIVE TO FLOOD HAZARD DEFINITIONS, MANUFACTURED HOME REQUIREMENTS, THE PROCEDURES FOR FLOOD INSURANCE, LETTERS OF MAP AMENDMENTS (LOMA) AND LETTERS OF MAP REVISIONS (LOMR) PERTAINING TO THE NATIONAL FLOOD INSURANCE PROGRAM. __________________________ WHEREAS, the Federal Emergency Management Agency (FEMA) requires that the City of Chattanooga Zoning Ordinance be amended to reflect the most current standards for the National Flood Insurance Program; and WHEREAS, the minimization of loss due to flood hazards promotes public health, safety and general welfare; and WHEREAS, the Chattanooga-Hamilton County Regional Planning Commission has reviewed and recommends said proposed amendment to the Chattanooga City Council; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, That Ordinance No. 6958, as amended, the Zoning Ordinance, be and the same is hereby amended as follows: SECTION 1. That Article II, Section 100 be amended so as to add the following additional subsections in the appropriate places: (1.01) Addition (to an existing building): Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction. (24.01) Existing Manufactured Home Park or Subdivision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before September 3, 1980, (the effective date of the flood plain management regulations adopted by the City of Chattanooga). (24.02) Expansion to an Existing Manufactured Home Park or Subdivision: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). (29.01) Flood Insurance Rate Map (FIRM): An official map of a community, on which the Federal Emergency Management Agency had delineated both the areas of special flood hazard and the risk premium zones applicable to the community. (29.02) 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. (38.01) Historic Structure: Any structure that is: (a) 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: (b) 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: (c) 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: (d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: - By an approved state program as determined by the Secretary of the Interior, or - Directly by the Secretary of Interior in states without approved programs. (61.01) New Manufactured Home Park or Subdivision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after September 3, 1980, (the effective date of flood plain management regulations adopted by the City of Chattanooga). (70.01) Recreational Vehicle: A vehicle which is: (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping travel, or seasonal use. (86.01) 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 (50) percent of the market value of the structure before the damage occurred. (97.01) Substantially Improved Existing Manufactured Home Parks or Subdivisions: Is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty (50) percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement began. SECTION 2. That Article V, Section 1120 be amended by adding at the end thereof the following: Regardless of the elevation, if the site is located within the Special Flood Hazard Area on the Flood Insurance Rate Map (FIRM), insurance will still be required as a condition of a loan unless an official Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMR) is obtained from FEMA. Procedures for obtaining LOMA/LOMR's are available from the Chief Building Official. SECTION 3. That Article V, Section 1125 be amended by adding at the end thereof the following: 1125.01 Elevated Buildings (a) Access to the enclosed area shall be the minimum necessary to allow parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator); and (b) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. SECTION 4. That Article V, Section 1126 be amended by deleting said section in its entirety and substituting in lieu thereof the following: 1126. Standards For Manufactured Homes and Recreational Vehicles (1) All manufactured homes placed, or substantially improved, on individual lots or parcels, in expansions to existing manufactured home parks or subdivisions, or in substantially improved manufactured home parks of subdivisions, must meet all the requirements for new construction, including elevation and anchoring. (2) All manufactured homes placed or substantially improved in an existing manufactured home park or subdivision must be elevated so that: (a) The lowest floor of the manufactured homes is elevated no lower than two (2) feet above the level of the base flood elevation, or (b) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least an equivalent strength, of no less than 36 inches in height above grade. (c) The manufactured home must be securely anchored to the adequately anchored foundation system to resist flotation, collapse and lateral movement. In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, any manufactured home placed on substantially improved must meet the standards of subsection (2)(a) and (c) above. (3) All recreational vehicles placed on sites must either: (a) Be fully licensed and ready for highway use, or (b) The recreational vehicle must meet all the requirements for new construction, including anchoring and elevation requirements of Article V, Section 1126, Subsections (1) or (2) (a) (c) above. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site 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 structures. SECTION 5. BE IT FURTHER ORDAINED that this Ordinance shall take effect two weeks from and after its passage as required by law. 0C PASSED on Third and Final Reading June 23, 1992. s/s_______________________________ CHAIRPERSON APPROVED: ______ DISAPPROVED:_____ DATE:___________ ___, 1992. s/s______________________________ MAYOR WSPjr:meb