Duluth UDC § 837.02

The following provisions, in addition to those in Section 837.01, shall apply: 1. Residential Buildings. a. New Construction. New construction of principal buildings, including manufactured homes shall not be allowed within the limits of the future-conditions floodplain unless all requirements of Sections 836.03, 836.04 and 836.05 have been met. If all of the requirements of Sections 836.03, 836.04 and 836.05 have been met, all new construction shall have the lowest floor, including basement, elevated no lower than 3 feet above the base flood elevation or 1 foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to equalize the hydrologic flood forces on exterior walls and to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of Section 837.01(5). b. Substantial Improvements. Substantial improvement of any principal structure or manufactured home shall have the lowest floor, including basement, elevated no lower than 3 feet above the base flood elevation or 1 foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to equalize the hydrologic flood forces on exterior walls and to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Section 837.01(5). 2. Nonresidential Buildings. a. New Construction. New construction of principal non-residential structures shall not be allowed within the limits of the future-conditions floodplain unless all requirements of Sections 836.03, 836.04 and 836.05 have been met. If all of the requirements of Sections 836.03, 836.04 and 836.05 have been met, all new construction shall have the lowest floor, including basement, elevated no lower than 1 foot above the base flood elevation or at least as high as the future- conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of 837.01(5)(a). New construction of principal buildings, including manufactured homes shall not be allowed within the limits of the future-conditions floodplain unless all requirements of Sections 836.03, 836.04 and 836.05 have been met. New construction that has met all of the requirements of Sections 836.03, 836.04 and 836.05 may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to 1 foot above the base flood elevation, or at least as high as the future-conditions flood elevation, whichever is higher, with walls substantially impermeable to the passage of water and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above and shall provide such certification to the Planning and Development Director using the FEMA Floodproofing Certificate along with the design and operation/maintenance plan. 238 | P a g e Article Eight. Environmental Protection b. Substantial Improvements. Substantial improvement of any principal non-residential structure located in A1-30, AE, or AH zones, may be authorized by the Planning and Development Director to be flood-proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to 1 foot above the base flood elevation, or at least as high as the future-conditions flood elevation, whichever is higher, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above and shall provide such certification to the Planning and Development Director using the FEMA Floodproofing Certificate along with the design and operation/maintenance plan. c. Accessory Structures and Facilities. Accessory structures and facilities (i.e., barns, sheds, gazebos, detached garages, parking lots, recreational facilities and other similar non-habitable structures and facilities) which are allowed to be located within the limits of the floodplain shall be constructed of flood-resistant materials and designed to pass all floodwater in accordance with Section 837.01(5) and be anchored to prevent flotation, collapse or lateral movement of the structure. d. Standards for Recreational Vehicles. All recreational vehicles placed on sites must either: i. Be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use, (a recreational vehicle is ready for highway use if it is licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures or additions); or ii. The recreational vehicle must meet all the requirements for residential buildings— substantial improvements, subsection (a)(2), including the anchoring and elevation requirements. e. Standards for Manufactured Homes. i. New manufactured homes shall not be allowed to be placed within the limits of the future-conditions floodplain unless all requirements of Sections 836.03, 836.04 and 836.05 have been met. If all of the requirements of Sections 836.03, 836.04 and 836.05 have been met, all new construction and substantial improvement shall have the lowest floor, including basement, elevated no lower than 3 feet above the base flood elevation or 1 foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, opening sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Section 837.01(5)(a). ii. Manufactured homes placed and/or substantially improved in an existing manufactured home park or subdivision shall be elevated so that either: 1. The lowest floor of the manufactured home is elevated no lower than 3 feet above the level of the base flood elevation, or 1 foot above the future- conditions flood elevation, whichever is higher; or 2. The manufactured home chassis is elevated and supported by reinforced piers (or other foundation elements of at least an equivalent strength) of no less than 36 inches in height above grade. iii. All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement in accordance with standards of Section 837.01(7). 239 | P a g e Article Eight. Environmental Protection