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Home My WebLink AboutORD 1997-116 1996-1998 --.~ . . COUNTY OF HAWAII STATE OF HAWAII BILL NO. 111 ORDINANCE NO. 97 116 AN ORDINANCE AMENDING CHAPTER 27, OF THE HA WAIl COUNTY CODE 1983 (1995 EDITION), RELATING TO FLOOD CONTROL. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAW All: SECTION 1. Chapter 27, article 2, section 27-l2(a)(6l), Hawaii County Code (1995 edition), is amended by amending the definition of "substantial improvement" to read: (61) "Substantial Improvement." For the purposes of this chapter, the determination of whether any improvements constitute substantial improvements is applicable only to structures built prior to May 5, 1982[.]or buildings constructed after May 5. 1982 which were not within a special flood hazard area at the time of issuing the building permit. "Substantial improvement" means any repair, reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement which shall be the sum of all costs of all such work performed in the previous three years including the cost of the current work being considered. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either (A) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (B) any alteration of a "historic structure," . provided that the alteration will not preclude the structure's continued designation as a "historic structure." -1- . . SECTION 2. Chapter 27, article 2, section 27-13, Hawaii County Code (1995 edition), is amended to read as follows: Section 27-13. Nonconforming structures. Any nonconforming structure existing on May 5, 1982 or made nonconforming by a change in the special flood hazard area may continue, subject to the following conditions: (a) Any repair, reconstruction, improvement, or addition to a nonconforming structure, if it is considered to be substantial improvement, shall comply with the applicable standards of this chapter. (b) All relocated structures shall comply with the applicable standards of this chapter. (c) Substantial improvement of a damaged, destroyed, or demolished structure located in a floodway shall not be allowed unless a variance from the flood requirements is obtained. SECTION 3. Chapter 27, article 4, section 27-18, Hawaii County Code (1995 edition), is amended by amending subsection (d) to read as follows: (d) Elevation and Floodproofing. (1) Within Zones AE and AH: (A) For residential new construction and substantial improvements: The lowest floor[, but not including floors used solely for vehicle parking, building access, or storage,] shall be elevated to or above the base flood elevation. [Should the lowest floor be below the base flood elevation, then the structure shall be designed and constructed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must either be certified by a professional engineer or architect registered in the State of Hawaii or provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with -2- . . screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwater.] (B) For nonresidential new construction and substantial improvements: If the lowest floor[, but not including floors used solely for vehicle parking, building access, or storage,] is below the base flood elevation, then the [lowest floor] structure together with attendant utility and sanitary facilities shall be designed and constructed such that: (i) The structure is watertight below the base flood elevation. (ii) The walls are substantially impermeable to the passage of water. (iii) The structural components are capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. (C) Within Zone AH, new construction and substantial improvement shall be required to provide adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. (2) Within Zone AO: (A) For new residential construction and substantial improvements: The lowest floor[, but not including floors used solely for vehicle parking, building access, or storage,] shall be elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified. [Should the lowest floor be below the required elevation, then the structure shall be designed and constructed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must either be certified by a professional engineer or architect registered in the State of Hawaii or provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwater. ] -3- . . (B) For nonresidential new construction and substantial improvements: If the lowest floor[, but not including floors used solely for vehicle parking, building access, or storage,] is below the elevation referenced in subsection 27-18(d)(2)(A), then the [lowest floor] structure together with attendant utility and sanitary facilities, shall be designed and constructed such that: (i) The structure is watertight below the referenced flood elevation. (ii) The walls are substantially impermeable to the passage of water. (iii) The structural components are capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. (C) New construction and substantial improvement shall be required to provide adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. (3) Within Zones V and VE: New construction and substantial improvement shall comply with the standards of section 27-23. (4) Within Zone A: New construction and substantial improvement shall comply with the standards of section 27-24. SECTION 4. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 5. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. -4- . . SECTION 6. This ordinance shall take effect upon its approval. Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: ~l.rI:Rt:NCE: Comm. August 6, 1997 August 6, 1997 August 20, 1997 September 8, 1997 387 -5- F HAWAII Introduced By: Date Introduced: First Reading: Published: REMARKS: . . OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , Hawaii Daninic Yagong August 6, 1997 August 6, 1997 N/A Second Reading: To Mayor: Returned: Effective: Published: REMARKS: August 20, 1997 August 21, 1997 September 9. 1997 September 8. 1997 September 16. 1997 n r- ,.., c "I, 1'", '=: ',_ - P- t-- ; i ' ''-)'J 0rn ... ~ -- .1/ u....1 lV. _I."~tl)t l ROLL CALt 0 E;) C C'.A~S : NOES/ ABS EX - -, , Arakaki I..A) I 1..!i'\J kY I " J -:/~\\j\./~6\ I \....; Chung y Leithead- Todd y Ray X Reynolds X Santangelo X Smith X Tyler X Yagong X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX Arakaki X Chung X Leithead- Todd X Ray X Reynolds X Santangelo X Smith X Tyler X Yagong X 8 0 1 0 I DO HEREBY CERTIFY th,G.t the.. fj;r~ing BILL was adopted by the County Council and published as indicated above. APPROVED AS IU FORM AND lEGALITY: ~ PU CORPORA nON COUNSEL NfY Of HAWAII AUG 2 6 1997 Dote Approved/Disapproved this of day .. 19 MAYOR,COUNTYOFHAWAll COUNTY CLERK Bill No.: 111 C-387/PWPC-55 9rIIG Reference: Ord. No.: