A.

Development Subject to State Stormwater Requirements.

1.

Development activities including one (1) or more acres of land disturbance requiring an erosion and sediment control plan or CAMA Major Permit shall be governed by the NC State Stormwater Regulations and shall obtain a State stormwater permit.

2.

Projects that secure a State stormwater permit shall be exempt from all Town of Atlantic Beach stormwater regulations including on-site stormwater requirements and the impervious surface coverage limits in Article 18-3: Districts.

B.

All Other Development. Development not requiring an erosion and sediment control plan or a CAMA Major Permit shall comply with the following stormwater standards:

1.

Stormwater Management Plan Required.

a.

A stormwater management plan shall be required prior to the issuance of any permits for new construction or renovation/expansion projects where the value of improvements exceeds fifty (50) percent of a structure's value, as listed by the Carteret County Tax Office.

b.

The stormwater management system and plan shall be designed in accordance with the NC Department of Environmental Quality's Stormwater Best Management Practice Manual, and shall be designed to retain the first two (2) inches of stormwater runoff generated by a given rain event on-site, except for projects within the RSC district, which shall be designed to retain the first four (4) inches of stormwater runoff generated by a given rain event on-site. The stormwater management system and plan must be designed and sealed by a Professional Engineer or Professional Landscape Architect licensed to practice in the State of North Carolina.

2.

Inspection Required. Installation of the professionally designed plan shall be inspected and approved by the designing Professional Engineer or Professional Landscape Architect or other Professional Engineer or Professional Landscape Architect licensed to practice in the State of North Carolina prior to issuance of a certificate of occupancy.

3.

Additions and Expansions. Additions or expansions of impervious surface coverage on a lot subject to an approved stormwater management plan may be permitted subject to the following requirements:

a.

Under one hundred (100) square feet. The addition of new impervious surfaces of up to one hundred (100) square feet is permissible without additional stormwater controls, provided the total amount of impervious surface on the lot remains below the maximum impervious surface coverage allowed by the zoning district where located.

b.

Over one hundred (100) square feet. The addition of new impervious surfaces over one hundred (100) square feet is permissible, subject to the following:

i)

The total amount of impervious surface coverage on the lot remains below the maximum impervious surface coverage allowed by the zoning district where located; and

ii)

An approved Best Management Practice (BMP) device capable of efficiently controlling the runoff from the newly added impervious surface coverage is installed on the lot.

a)

When the project adding impervious surfaces exceeds thirty thousand dollars ($30,000.00) in value, the BMP shall be designed and sealed by a Professional Engineer or Professional Landscape Architect licensed to practice in the State of North Carolina and inspected and approved by the professional designer or other professional designer prior to issuance of a certificate of occupancy.

b)

When the project adding impervious surfaces is less than thirty thousand dollars ($30,000.00) in value, the BMP may be approved by the UDO Administrator prior to issuance of a certificate of occupancy.

(Ord. No. 20-04-04, 4-27-2020)

A.

Purpose and Intent. The purpose of these standards is to maintain and protect existing shoreline areas from accelerated erosion. More specifically, these standards are intended to:

1.

Maintain the location of existing shorelines, to the maximum extent practicable;

2.

Prevent sedimentation of Town waters and waterways; and

3.

Limit the further loss of soil and sand from upland areas.

B.

Applicability.

1.

The standards in this section shall apply to development on lots abutting canals or waterways within the Town's planning jurisdiction that are or could be subject to significant erosion, as determined by the Building Inspector or UDO Administrator.

2.

For the purposes of these standards, significant erosion means erosion resulting in the loss of six (6) or more inches of shoreline per year.

C.

Standards.

1.

No building permit shall be issued for development upon any land subject to these standards until the landowner has taken the necessary steps to stabilize the land and prevent further significant erosion. Stabilization of the shoreline may be accomplished by the installation of any of the following:

a.

Bulkheads;

b.

Sloping rip-rap;

c.

Gabions;

d.

Vegetation; or

e.

Other strategy as approved by the UDO Administrator or Building Inspector.

2.

All shoreline stabilization activities shall comply with the Coastal Area Management Act and applicable regulations.

D.

Timing. Upon receipt of notification of significant erosion by the Town, a landowner shall stabilize the shoreline in accordance with the standards in Section 18.6.2.C, Standards, within ninety (90) days. Failure to stabilize the shoreline or appeal the Town's finding of significant erosion within ninety (90) days shall be a violation of this Ordinance in accordance with Article 18-9: Enforcement.

A.

Structure of these Regulations. These flood damage prevention standards are organized into three (3) main sections:

1.

A set of general provisions which establish the standards and clarify their applicability;

2.

A set of administrative or procedural provisions that explain how the standards are applied by the Town; and

3.

The set of standards applied to particular types of development, organized into general and specific standards (based on location or type of building).

B.

General Provisions.

1.

Applicability. The standards in this section shall apply to all lands located within the special flood hazard areas in the Town's planning jurisdiction.

2.

Basis for Establishing the Special Flood Hazard Areas.

a.

Lands Identified under a Cooperating Technical State Agreement. The Special Flood Hazard Areas are those identified under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FEMA in its FIS dated January 17, 2025, shown on FIS for Carteret County and Associated DFIRM panels, including any digital data developed as part of the FIS, which are adopted by reference and declared a part of this ordinance, and all revisions thereto.

b.

Lands Identified Engineering Analysis. The special flood hazard areas also include lands defined through standard engineering analysis for private developments or by governmental agencies, but which have not yet been incorporated in the FIRM. This includes, but is not limited to, detailed flood data that results from:

i.

Data generated by the Floodplain Administrator through their regular course of duties identified in Section 18.6.3.C.3, Duties and Responsibilities of the Floodplain Administrator;

ii.

Preliminary FIRMs that are more stringent than the effective FIRM; or

iii.

Post-disaster flood recovery maps.

c.

Lands Subject to Annexation. The special flood hazard areas identified by FEMA and/or produced under the CTS between the State of North Carolina and FEMA for unincorporated areas of Carteret County, with accompanying maps and other supporting data and any revision thereto, upon annexation by the Town or inclusion in the Town's ETJ.

3.

Establishment of Floodplain Development Permit. A floodplain development permit shall be required in conformance with the provisions of these standards prior to the commencement of any development activities within special flood hazard areas as determined in Section 18.6.3.B.2, Basis for Establishing the Special Flood Hazard Areas.

4.

Compliance Required. No structure or land within the special flood hazard area shall hereafter be located, extended, converted, altered, or developed in any way without full compliance with the terms of this section and other applicable regulations.

5.

Abrogation and Greater Restrictions. These standards are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where these standards conflict or overlap with other standards, the provisions that impose the more stringent restrictions shall control.

6.

Interpretation. In the interpretation and application of these standards, all provisions shall be:

a.

Considered as minimum requirements;

b.

Liberally construed in favor of the applicant; and

c.

Deemed neither to limit nor repeal any other powers granted under state statutes.

7.

Warning and Disclaimer of Liability.

a.

The degree of flood protection required by these standards is considered reasonable for regulatory purposes and is based on scientific and engineering consideration; larger floods can and will occur on rare occasions and actual flood heights may be increased by man-made or natural causes.

b.

These standards do not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages.

c.

These standards shall not create liability on the part of the Town or by any officer or employee thereof for any flood damages that result from reliance on these standards or any administrative decision lawfully made in accordance with these standards.

8.

Effective Date. The standards became effective on October 23, 2017.

9.

Effect on Rights and Liabilities under the Prior Flood Damage Prevention Ordinance.

a.

These standards come forward by re-enactment of some of the provisions of the flood damage prevention ordinance enacted July 16, 2003, as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be enforced.

b.

The enactment of these standards shall not affect any action, suit, or proceeding instituted or pending.

c.

All provisions of the flood damage prevention ordinance of the Town of Atlantic Beach enacted on July 16, 2003 as amended, which are not reenacted herein are repealed.

10.

Effect upon Outstanding Building Permits. Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development permit has been granted by the Floodplain Administrator before the effective date of these standards; provided, however, that when construction is not begun within a period of six (6) months subsequent to passage of these standards or any revision thereto, construction or use shall be in conformity with the provisions of these standards.

C.

Administration.

1.

Designation of Floodplain Administrator. The Planning Director is designated as the "Floodplain Administrator" and shall administer these provisions.

2.

Floodplain Development Permit and Certification Requirements.

a.

Plans and Application Requirements. Application for a floodplain development permit shall be made to the Floodplain Administrator prior to any development activities proposed to be located within floodprone areas. The following information shall be included with the application:

i.

A plot plan, drawn to scale, which shall include, but shall not be limited to, the following specific details of the proposed development:

a)

The nature, location, dimensions, and elevations of the area of development or disturbance;

b)

Existing and proposed structures;

c)

The location of utility systems;

d)

Proposed grading or pavement areas;

e)

Fill materials;

f)

Storage areas;

g)

Drainage facilities;

h)

Other proposed development;

i)

The boundary of the special flood hazard area as delineated on the FIRM or other flood map as determined in Section 18.6.3.B.2, Basis for Establishing the Special Flood Hazard Areas, or a statement that the entire lot is within the special flood hazard area;

j)

Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in Section 18.6.3.B.2, Basis for Establishing the Special Flood Hazard Areas;

k)

The boundary of the floodway(s) or non-encroachment area(s) as determined in Section 18.6.3.B.2, Basis for Establishing the Special Flood Hazard Areas;

l)

The base flood elevation (BFE) where provided as set forth in Section 18.6.3.B.2, Basis for Establishing the Special Flood Hazard Areas; Section 18.6.3.C.3, Duties and Responsibilities of the Floodplain Administrator, subsections (j) and (k); Section 18.6.3.D.2.f, Additions and Improvements to Pre-FIRM Structures; Section 18.6.3.D.3, Subdivisions, Manufactured Home Parks and Major Developments; and Section 18.6.3.D.4, Standards for Floodplains Without Established Base Flood Elevations; and

m)

The old and new location of any watercourse that will be altered or relocated as a result of proposed development.

ii.

Proposed elevation, and method thereof, of all development within a special flood hazard area including, but not limited to:

a)

Elevation in relation to NAVD 1988, or subsequent datum, of the proposed reference level (including basement) of all structures;

b)

Elevation in relation to NAVD 1988, or subsequent datum, to which any nonresidential structure will be floodproofed;

c)

Elevation in relation to NAVD 1988, or subsequent datum, to which any proposed utility systems will be elevated or floodproofed;

iii.

If floodproofing is proposed, a floodproofing certificate with supporting data, an operational plan, and an inspection and maintenance plan from a registered professional engineer or architect certifying that the nonresidential floodproofed development will meet the flood-proofing criteria in Section 18.6.3.D.2.b, Nonresidential Construction, and Section 18.6.3.D.3, Subdivisions, Manufactured Home Parks and Major Developments, subsection (b).

iv.

A foundation plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of these standards are met. Details shall include, but not be limited to:

a)

Proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, or open foundation on columns/piers);

b)

Details of sufficient openings to facilitate the unimpeded movements of floodwaters in accordance with Section 18.6.3.D.2.d, Enclosures Beneath Elevated Buildings, if solid foundation perimeter walls or breakaway walls are proposed;

c)

In coastal high hazard areas and coastal A zones, the following items shall also be submitted, prior to floodplain development permit issuance;

i)

A V-zone certification form with accompanying plans and specifications verifying the engineered structure and breakaway wall designs as set forth in Section 18.6.3.D.2.d, Enclosures Beneath Elevated Buildings;

ii)

Plans for lattice work or decorative screening, if proposed; and

iii)

Plans for non-structural fill, if proposed;

v.

Usage details of any enclosed space below the regulatory flood protection elevation;

vi.

Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage;

vii.

Copies of all other local, State, and federal permits required prior to floodplain development permit issuance (e.g., wetlands, erosion and sedimentation control, CAMA, riparian buffers, mining, etc.);

viii.

If a floodplain development permit is issued for placement of recreational vehicles and/or temporary structures, documentation to ensure compliance with the standards in Section 18.6.3.D.2.h, Recreational Vehicles, and Section 18.6.3.D.2.i, Temporary Structures, shall be provided; and

ix.

If a watercourse is proposed to be altered and/or relocated the following shall be required:

a)

A description of the extent of watercourse alteration or relocation;

b)

An engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and

c)

A map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.

b.

Floodplain Development Permit Data Requirements. The following information, at a minimum, shall be provided on the floodplain development permit, to ensure compliance with these standards:

i.

A complete description of the development to be permitted;

ii.

The special flood hazard area determination for the proposed development per available data specified in Section 18.6.3.B.2, Basis for Establishing the Special Flood Hazard Areas;

iii.

The regulatory flood protection elevation required for the reference level and all attendant utilities;

iv.

The regulatory flood protection elevation required for the protection of all public utilities;

v.

All certification submittal requirements, with timelines; and

vi.

A statement clarifying that no fill material shall encroach into the floodway or non-encroachment area of any watercourse, if applicable.

vii.

A statement, if in Zone VE and Coastal A, there shall be no fill used for structural support.

c.

Certification Requirements.

i.

Initial Certificate. An elevation certificate (FEMA Form FF-206-FY-22-152) or floodproofing certificate (FEMA Form FF-206-FY-22-153), as appropriate, is required in accordance with the following standards, before construction commences.

a)

The permit holder shall submit a certification of the elevation of the reference level, or floodproofed elevation (as applicable) in relation to NAVD 1988, or subsequent datum, to the Floodplain Administrator prior to the initiation of construction. When floodproofing is utilized, the certificate shall be accompanied by supporting data, an operational plan, and an inspection and maintenance plan.

b)

The certification shall be prepared and certified by a registered land surveyor or professional engineer. When floodproofing is utilized, the certification shall be prepared and certified by a professional engineer or architect.

c)

The Floodplain Administrator shall review the certificate data and any deficiencies shall be corrected by the permit holder prior to the commencement of any work.

ii.

Final Certificate. A final as-built elevation certificate (FEMA Form FF-206-FY-22-152) or floodproofing certificate (FEMA Form FF-206-FY-22-153) is required after construction is completed and prior to issuance certificate of occupancy.

a)

The permit holder shall submit a certification of final as-built construction elevation, or floodproofed elevation of the reference level and all attendant utilities (as applicable). When floodproofing is utilized, the certificate shall be accompanied by supporting data, an operational plan, and an inspection and maintenance plan.

b)

The certification shall be prepared and certified by a registered land surveyor or professional engineer. When floodproofing is utilized, the certification shall be prepared and certified by a professional engineer or architect.

c)

The Floodplain Administrator shall review the certificate data and any deficiencies shall be corrected by the permit holder prior to the issuance of a certificate of occupancy.

d)

In some instances, another certification may be required to certify corrected as-built construction.

e)

Failure to submit the certification or failure to make required corrections shall be cause for the Zoning Administrator to withhold a certificate of occupancy.

iii.

V-Zone/Breakaway Wall Certificate.

a)

A V-Zone/breakaway wall certification is required prior to issuance of a floodplain development permit within coastal high hazard areas and coastal A zones.

i)

The permit holder shall submit a certificate showing compliance with the design standards of these provisions.

ii)

A registered professional engineer or architect shall develop or review the structural design, plans, and specifications for construction and certify that the design and methods of construction to be used are in accordance with accepted standards of practice and meet these requirements.

iii)

This certification is not a substitute for an elevation certificate.

b)

Certification from a professional engineer or architect that the finished construction of development in Zones VE and Coastal A complies with the standards in this section shall be required prior to issuance of a certificate of occupancy.

iv.

Foundation Certificate. An Elevation Certificate (FEMA Form FF-206-FY-22-152) is required after the reference level is established.

a)

The permit holder shall submit to the Floodplain Administrator a certification of the elevation of the reference level, in relation to mean sea level, within seven (7) calendar days of establishment of the reference level elevation. Any work done within the seven (7) day calendar period and prior to submission of the certification shall be at the permit holder's risk.

b)

The certification shall be prepared and certified by a registered land surveyor or professional engineer. When floodproofing is utilized, the certification shall be prepared and certified by a professional engineer or architect.

c)

The Floodplain Administrator shall review the certificate data and any deficiencies shall be corrected by the permit holder prior to further work being permitted to proceed.

v.

Watercourse Alteration Report. If a watercourse is to be altered or relocated, the following information shall be submitted by the applicant prior to issuance of a floodplain development permit:

a)

A description of the extent of watercourse alteration or relocation;

b)

An engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and

c)

A map showing the location of the proposed watercourse alteration or relocation.

vi.

Manufactured Home Foundation Report. If a manufactured home is placed within Zones A, AE, AH, AO, A99 and the elevation of the chassis is more than thirty-six (36) inches in height above grade, an engineered foundation certification is required in accordance with the provisions of Section 18.6.3.D.2.c.

vii.

Certification Exemptions. The following structures, if located within an A, AO, AE or A1-30 zone, are exempt from the elevation/floodproofing certification requirements specified above:

a)

Recreational vehicles meeting requirements of Section 18.6.3.D.2.h, Recreational Vehicles;

b)

Temporary structures meeting requirements of Section 18.6.3.D.2.i, Temporary Structures; and

c)

Accessory structures of less than one hundred fifty (150) square feet in area or less than three thousand dollars ($3,000.00) in value that meet requirements of Section 18.6.3.D.2.j, Accessory Structures.

d)

Substantial Improvement/Damage Determinations for Existing Buildings and Structures. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:

i)

Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;

ii)

Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;

iii)

Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and

iv)

Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the North Carolina Building Code and this ordinance is required.

3.

Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator under these standards shall include, but not be limited to:

a.

Review all floodplain development applications and issue permits for all proposed development with in floodprone areas to assure that the requirements of these standards have been satisfied.

b.

Advise applicants that additional federal or state permits (e.g., wetlands, erosion and sedimentation control, CAMA, riparian buffers, mining, etc.) may be required, and if required, ensure that copies of the permits are provided and maintained on file with the floodplain development permit.

c.

Notify adjacent communities and the North Carolina Department of Public Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

d.

Assure that maintenance is provided within the altered or relocated portion of a watercourse so that the flood-carrying capacity is not diminished.

e.

Prevent encroachments within floodways and non-encroachment areas unless the certification and flood hazard reduction provisions of Section 18.6.3.D.4, Standards for Floodplains with BFE but Without Established Floodways or Nonencroachment Areas, are met.

f.

Obtain actual elevation (in relation to NAVD 1988, or subsequent datum) of the reference level (including basement) of all utilities associated with all new or substantially improved structures, in accordance with Section 18.6.3.C.2.c, Certification Requirements.

g.

Obtain the actual elevation (in relation to NAVD 1988, or subsequent datum) to which the new or substantially improved structures and all utilities have been floodproofed, in accordance with Section 18.6.3.C.2.c, Certification Requirements.

h.

Obtain actual elevation (in relation to mean sea level) of all public utilities, in accordance with Section 18.6.3.C.2.c, Certification Requirements.

i.

When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with Section 18.6.3.C.2.c, Certification Requirements, and Section 18.6.3.D.2.b, Nonresidential Construction.

j.

Make interpretations as to the exact location of the special flood hazard area boundary (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall have a reasonable opportunity to appeal the interpretation in accordance with Section 18.6.3.C.4.d, Appeal.

k.

When base flood elevation (BFE) data has not been provided in accordance with Section 18.6.3.B.2, Basis for Establishing the Special Flood Hazard Areas, obtain, review, and reasonably utilize any base flood elevation (BFE) data, along with floodway data and/or non-encroachment area data available from a federal, state, or other source, in order to administer these provisions.

l.

When base flood elevation (BFE) data is provided but no floodway nor non-encroachment area data has been provided in accordance with Section 18.6.3.B.2, Basis for Establishing the Special Flood Hazard Areas, obtain, review, and reasonably utilize any floodway data, and/or non-encroachment area data available from a federal, State, or other source.

m.

Maintain copies of letters of map amendment (LOMA) issued by FEMA to an applicant when the exact location of boundaries of the special flood hazard areas conflict with the current, natural topography information at the site.

n.

Permanently maintain all records that pertain to the administration of these standards and make these records available for public inspection.

o.

Make on-site inspections of work in progress as necessary to ensure that the work is being done according to the provisions of these standards and the terms of the floodplain development permit. In exercising this power, the Floodplain Administrator has a right, upon presentation of proper credentials, to enter any premises within the Town's planning jurisdiction at a reasonable hour for the purposes of inspection or other enforcement action.

p.

Issue stop-work orders, as required whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of these standards. The stop-work order shall be in writing, directed to the person doing the work, state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop-work order constitutes a misdemeanor.

q.

Revoke floodplain development permits, as required for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of state or local laws; or for false statements or misrepresentations made in securing the permit. Notices of permit revocation shall be provided to the permit holder in writing. Any floodplain development permit mistakenly issued in violation of an applicable state or local law may also be revoked.

r.

Make periodic inspections throughout all special flood hazard areas within the Town.

s.

Conduct the following actions when damage occurs to residential and/or non-residential structures:

i.

Conduct damage assessments for damaged structures located within the SFHA;

ii.

Determine whether the damaged structure is substantially damaged pursuant to Section 18.6.3.C.2.d Substantial Improvement/Damage Determinations for Existing Buildings and Structures; and

iii.

Make a reasonable attempt to notify owner(s) of the development requirements for substantial damage and obtaining building / floodplain development permit prior to repair, rehabilitation, or reconstruction.

4.

Corrective Procedures.

a.

Violations to be Corrected. When the Floodplain Administrator finds violations of applicable state and local laws, they shall notify the owner or occupant of the violation. The owner or occupant shall immediately remedy each of the violations of law pertaining to the land or development in question.

b.

Notification in Event of Failure to Take Corrective Action. If the owner of land or development fails to take prompt corrective action, the Floodplain Administrator shall give the owner written notice, by certified or registered mail, to the owner's last known address or by personal service, stating the following:

i.

That the land or development is in violation of the flood damage prevention provisions of this section;

ii.

That a hearing will be held before the Floodplain Administrator at a designated place and time, not later than ten (10) days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and

iii.

That following the hearing, the Floodplain Administrator may issue an order to alter, vacate, demolish the building; or remove fill, as appropriate.

c.

Order to Take Corrective Action. If, upon a hearing held pursuant to the notice prescribed above, the Floodplain Administrator finds that the land or development is in violation of these standards, they shall furnish an order, in writing, to the owner, requiring the owner to remedy the violation within a specified time period of not less than sixty (60) days. Where the Floodplain Administrator finds that there is imminent danger to life or other property, they may order that corrective action be taken in a shorter time period.

d.

Appeal. Any owner who has received an order to take corrective action may appeal the order to the Town Council by giving notice of appeal, in writing, to the Floodplain Administrator and the Town Clerk within ten (10) days following issuance of the final order. In the absence of an appeal, the order of the Floodplain Administrator shall be final. The Town Council shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.

e.

Failure to Comply with Order. If the owner of a building or land fails to comply with an order to take corrective action from which no appeal has been taken, or fails to comply with an order of the Town Council following an appeal, the owner shall be guilty of a misdemeanor and shall be punished in the discretion of the court.

5.

Variance Procedures. The Board of Adjustment (BOA) shall hear and decide requests for variances from the requirements of these standards in accordance with the following:

a.

Standing to Appeal. Any person aggrieved by the decision of the BOA may appeal such decision to the court, as provided in G.S. Chapter 7A.

b.

Variance Review Criteria. In passing upon variances, the BOA shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this Ordinance; and the following:

i.

The danger that materials may be swept onto other lands to the injury of others;

ii.

The danger to life and property due to flooding or erosion damage;

iii.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

iv.

The importance of the services provided by the proposed facility to the community;

v.

The necessity to the facility of a waterfront location, where applicable;

vi.

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

vii.

The compatibility of the proposed use with existing and anticipated development;

viii.

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

ix.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

x.

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

xi.

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

c.

Procedure for Review.

i.

Applications for a variance to these flood damage prevention standards shall be processed and reviewed in accordance with the standards and requirements in Section 18.6.3.C.5, Variance Procedures, as well as the following:

ii.

A written report addressing each of the above factors shall be submitted by the applicant with the application for a variance.

iii.

Upon consideration of the factors listed above and the purposes of these standards, the BOA may attach such conditions to the granting of variances as it deems necessary to further the purposes of these standards.

d.

Conditions for Variances.

i.

Variances may not be issued when the variance will make the structure in violation of other federal, state, or local laws, regulations, or ordinances.

ii.

Variances shall not be issued within any designated floodway or non-encroachment area if any increase in flood levels during the base flood discharge would result.

iii.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

iv.

Variances shall only be issued upon:

a)

A showing of good and sufficient cause;

b)

A determination that failure to grant the variance would result in exceptional hardship; and

c)

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

v.

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the Base Flood Elevation (BFE) and the elevation to which the structure is to be built and a written statement that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced reference level elevation. Such notification shall be maintained with a record of all variance actions.

e.

Records to be Maintained. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency and the State of North Carolina upon request.

f.

Variances may be issued for:

i.

The repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and that the variance is the minimum necessary to preserve the historic character and design of the structure;

ii.

Functionally dependent facilities if determined to meet the definition as stated in Section 18.10.5 of this ordinance, provided provisions of Section 18.6.3.C.5.d.ii, iii, and iv have been satisfied, and such facilities are protected by methods that minimize flood damages during the base flood and create no additional threats to public safety;

iii.

Any other type of development provided it meets the requirements of this section; or

iv.

Solid waste disposal facilities or sites, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in Special Flood Hazard Areas provided that all of the following conditions are met.

a)

The use serves a critical need in the community.

b)

No feasible location exists for the use outside of the Special Flood Hazard Area.

c)

The reference level of any structure is elevated or floodproofed to at least the Regulatory Flood Protection Elevation.

d)

The use complies with all other applicable federal, state, and local laws.

e)

The Town has notified the Secretary of the North Carolina Department of Public Safety of its intention to grant a variance at least thirty (30) calendar days prior to granting the variance, in accordance with G.S. 143-215.54A(b).

D.

Provisions for Flood Hazard Reduction.

1.

General Standards Applicable to All Areas and Developments. In all special flood hazard areas, the following provisions are required:

a.

All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

b.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

c.

All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damages.

d.

All new electrical, heating, ventilation, plumbing, air conditioning equipment, duct systems, and other building utility systems, equipment, and service facilities shall be located at or above the Regulatory Flood Protection Elevation (RFPE) or specially designed to prevent water from entering or accumulating within the components and installed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy during conditions of flooding. These include but are not limited to HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric meter panels/boxes, utility/cable boxes, appliances (i.e., washers, dryers, refrigerator, etc.), hot water heaters, electric outlets/switches.

i.

Replacements part of a substantial improvement must also meet the above provisions.

ii.

Replacements that are for maintenance and not part of a substantial improvement, may be installed at the original location provided the addition and/or improvements comply with the standards for new construction consistent with the code and requirements for the original structure.

e.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

f.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.

g.

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

h.

Any alteration, repair, reconstruction, or improvements to a structure which is in compliance with the provisions of these standards, shall meet the requirements of "new construction" as contained in these standards.

i.

Non-conforming structures or other development shall not be enlarged, replaced, or rebuilt unless such enlargement or reconstruction is accomplished in conformance with the provisions of these standards. Provided, however, nothing in these standards shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of these standards and located totally or partially within the floodway, non-encroachment area, or stream setback, provided that the bulk of the building or structure below the regulatory flood protection elevation in the floodway, non-encroachment area, or stream setback is not increased and provided that such repair, reconstruction, or replacement meets all of the other requirements of these standards.

j.

New solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted in special flood hazard areas. A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a special flood hazard area only if the structure or tank is either elevated or floodproofed to at least the regulatory flood protection elevation and certified according to Section 18.6.3.C.2.c, Certification Requirements, of these standards.

k.

When a building or structure is located in more than one (1) flood zone or in a flood zone with multiple base flood elevations, the provisions for the most restrictive flood zone and the highest BFE shall apply.

l.

Structural fill, only permitted outside the Coastal High Hazard Areas, shall not be used unless design and construction of the structural fill accounts for the following:

i.

Consolidation of the underlying soil under the weight of the fill and the structure,

ii.

Differential settlement due to variations in fill composition and characteristics, and

iii.

Slope stability and erosion control during conditions of the base flood.

2.

Specific Standards for Use Types. In all special flood hazard areas where base flood elevation (BFE) data has been provided, as set forth in Section 18.6.3.B.2, Basis for Establishing the Special Flood Hazard Areas, where an interpretation of the flood hazard boundaries is required, or when no BFE data is provided, the following provisions are required:

a.

Residential Construction. New construction or substantial improvement of any residential structure (including manufactured homes) shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation.

b.

Nonresidential Construction.

i.

New construction or substantial improvement of any commercial, industrial, or other nonresidential structure shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation.

ii.

Structures located in A, AH, AO, AE and A99 Zones may be floodproofed to the regulatory flood protection elevation in lieu of elevation, provided that all areas of the structure below the required flood protection elevation are watertight with walls substantially impermeable to the passage of water, using 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 standards of this subsection are satisfied in accordance with Section 18.6.3.C.2.c, Certification Requirements.

c.

Additional Standards for Manufactured Homes.

i.

New or replacement manufactured homes shall be elevated so that the reference level of the manufactured home is no lower than the regulatory flood protection elevation.

ii.

Manufactured homes shall include a certified engineered foundation or shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement in accordance with the State of North Carolina Regulations for Manufactured/Mobile Homes, 1995 Edition, and any revision thereto adopted by the Commissioner of Insurance pursuant to G.S. 143-143.15.

a)

When the elevation requirements are met by an elevation of the chassis thirty-six (36) inches or less above the grade at the site, the chassis shall be supported by reinforced piers or other foundation elements of at least equivalent strength.

b)

When the elevation of the chassis is above thirty-six (36) inches in height, an engineering certification is required.

iii.

All foundation enclosures or skirting shall be in accordance with Section 18.6.3.D.2.d, Enclosures Beneath Elevated Buildings.

iv.

An evacuation plan must be developed for evacuation of all residents of all new, substantially improved, or substantially damaged manufactured home parks or subdivisions located within floodprone areas. This plan shall be filed with and approved by the Floodplain Administrator and the local emergency management coordinator.

d.

Enclosures Beneath Elevated Buildings. Fully enclosed areas below the regulatory flood protection elevation associated with new construction or a substantial improvement to an existing building shall:

i.

Not be designed to be used for human habitation;

ii.

Be designed to be used only for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises;

iii.

Be served by accessways sized to be the minimum necessary (to allow for parking of vehicles via garage door, or limited storage of maintenance equipment used in connection with the premises via standard exterior door, or entry to the living area via stairway or elevator);

iv.

Not be partitioned or finished into separate rooms, except as needed for storage purposes;

v.

Be constructed entirely of flood resistant materials below the regulatory flood protection level;

vi.

Automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. To meet this requirement, the foundation must either be certified by a professional engineer or architect, or meet the following minimum design criteria:

a)

Provide a minimum of two (2) openings on different sides of each enclosed area subject to flooding;

b)

The total net area of all openings must be at least one (1) square inch for each square foot of each enclosed area subject to flooding;

c)

If a building has more than one (1) enclosed area, each area must have openings on exterior walls to allow floodwater to directly enter;

d)

The bottom of all required openings shall be no higher than one (1) foot above the adjacent grade; and

e)

Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions.

f)

Vinyl or sheet metal skirting is not considered an enclosure for regulatory and flood insurance rating purposes. Therefore such skirting does not require hydrostatic openings as outlined above.

g)

Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires hydrostatic openings as outlined above to comply with these standards.

vii.

In coastal high hazard areas (VE and V1-30 zones) and coastal A zones, breakaway walls, lattice work, or decorative screening shall be allowed below the regulatory flood protection elevation, provided:

a)

These features are not part of the structural support of the building;

b)

These features are designed so as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are to be used;

c)

The features are comprised of open wood lattice, mesh insect screening, or breakaway walls that meet the following specifications:

i)

Design safe loading resistance of each breakaway wall shall be not less than ten (10) nor more than twenty (20) pounds per square foot; or

ii)

If more than twenty (20) pounds per square foot, a registered professional engineer or architect shall certify that the design wall collapse would result from a water load less than that which would occur during the base flood event, and the elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and non-structural). The water loading values used shall be those associated with the base flood. The wind loading values used shall be those required by the North Carolina State Building Code.

e.

Nonstructural Fill. Minor grading and the placement of minor quantities of nonstructural fill may be permitted for landscaping and for drainage purposes under and around buildings and for support of parking slabs, pool decks, patios, and walkways, provided:

i.

The fill material is similar and consistent with the natural soils in the area;

ii.

The placement of site-compatible, non-structural fill under or around an elevated building is limited to two (2) feet;

iii.

Fill greater than two (2) feet in thickness shall include an analysis prepared by a qualified registered design professional demonstrating no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent elevated buildings and structures;

iv.

Nonstructural fill with finished slopes that are steeper than five (5) horizontal units to one (1) vertical unit shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent elevated buildings and structures.

f.

Additions and Improvements to Pre-FIRM Structures.

i.

Substantial Improvement Determination. Additions or improvements to pre-FIRM structures, in combination with any interior modifications to the existing structure, shall be considered as either a substantial improvement or shall not be considered a substantial improvement in accordance with the definitions in Section 18.10.5, Definitions.

ii.

Additions or Improvements Not Constituting a Substantial Improvement.

a)

Structurally-connected additions or improvements to a pre-FIRM structure that are not considered a substantial improvement shall:

i)

Be designed to minimize the potential for flood damage;

ii)

Be configured so that the addition or improvement meets or exceeds the elevation of the existing adjacent floor.

b)

Where a fire wall or independent perimeter load-bearing wall is provided between an addition and the existing building, the addition shall be considered a separate building and only the addition must comply with the standards for new construction.

iii.

Additions or Improvements Constituting a Substantial Improvement. Additions or improvements to a pre-FIRM structure that are considered a substantial improvement shall be configured so that both the addition or the improvement and the existing structure comply with the standards for new construction.

g.

Additions and Improvements to Post-FIRM Structures.

i.

Substantial Improvement Determination. Additions or improvements to pre-FIRM structures, in combination with any interior modifications to the existing structure, shall be considered as either a substantial improvement or shall not be considered a substantial improvement in accordance with the definitions in Section 18.10.5, Definitions.

ii.

Additions or Improvements Not Constituting a Substantial Improvement.

a)

Structurally-connected additions or improvements to a post-FIRM structure in an A, AH AO, AE, or A1-30 zone that are not considered a substantial improvement shall:

i)

Be designed to minimize the potential for flood damage;

ii)

Be configured so that the addition or improvement meets the elevation of the existing adjacent floor.

b)

Structurally-connected additions or improvements to a post-FIRM structure in a Coastal High Hazard Area (VE or V-130) or coastal A (CAZ) zone that are not considered a substantial improvement shall:

i)

Be designed to minimize the potential for flood damage;

ii)

Be configured so that only the addition or improvement meets the standards for new construction (not the existing structure).

iii)

Additions or Improvements Constituting a Substantial Improvement. Additions or improvements to a post-FIRM structure that are considered a substantial improvement shall be configured so that both the addition or the improvement and the existing structure comply with the standards for new construction.

h.

Substantial Improvement/Damage. Any combination of repair, reconstruction, rehabilitation, addition or improvement of a building or structure taking place during a one-year period, the cumulative cost of which equals or exceeds fifty (50) percent of the market value of the structure before the improvement or repair is started must comply with the standards for new construction. For each building or structure, the one-year period begins on the date of the first improvement or repair of that building or structure subsequent to the effective date of this ordinance. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The requirement does not, however, include either:

i.

Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assume safe living conditions.

ii.

Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure and the alteration is approved by variance issued pursuant to Section 18.6.3.C.5 Variance Procedures.

i.

Recreational Vehicles. Recreation vehicles placed on sites within a special flood hazard area shall either:

i.

Be on site for fewer than one hundred eighty (180) consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and has no permanently attached additions); or

ii.

Meet all the requirements for new construction, including anchoring and elevation requirements of Section 18.6.3.C.2, Floodplain Development and Certification Requirements, Section 18.6.3.D.1, General Standards Applicable to All Areas and Developments, and Section 18.6.3.D.2.c, Additional Standards for Manufactured Homes.

j.

Temporary Structures. Prior to the issuance of a floodplain development permit for a temporary structure, the applicant shall submit a plan for removal of the temporary structure in the event of a hurricane or flash flood warning notification. The plan shall include at least the following information:

i.

A specified time period for which the temporary use will be permitted;

ii.

The name, address, and phone number of the individual responsible for the removal of the temporary structure;

iii.

The timeframe prior to the event at which a structure will be removed (e.g., a minimum of seventy-two (72) hours before landfall of a hurricane or immediately upon flood warning notification);

iv.

A copy of the contract or other suitable instrument with a trucking company to insure the availability of removal equipment when needed; and

v.

Designation, accompanied by documentation, of a location outside the special flood hazard area to which the temporary structure will be moved.

k.

Accessory Structures. When accessory structures (e.g., sheds, detached garages, etc.) are to be placed within a special flood hazard area, the following criteria shall be met:

i.

Accessory structures shall be designed to have low flood damage potential;

ii.

Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;

iii.

Accessory structures shall be firmly anchored in accordance with Section 18.6.3.D.1, General Standards Applicable to All Areas and Developments;

iv.

All service facilities such as electrical and heating equipment shall be installed in accordance with Section 18.6.3.D.1, General Standards Applicable to All Areas and Developments;

v.

Openings to relieve hydrostatic pressure during a flood shall be provided below regulatory flood protection elevation in conformance with Section 18.6.3.D.2.d, Enclosures Beneath Elevated Buildings; and

vi.

An accessory structure with a footprint less than one hundred fifty (150) square feet does not require an elevation or floodproofing certificate, but elevation or floodproofing certifications are required for all other accessory structures in accordance with Section 18.6.3.C.2.c, Certification Requirements.

l.

Other Development Activities. Development activities other than buildings and structures shall be permitted only if

i.

Authorized by the appropriate state or local authority;

ii.

If located outside the footprint of, and not structurally attached to, buildings and structures; and

iii.

If analyses prepared by a qualified registered design professional demonstrates the proposed development would not cause harmful diversion of floodwaters, wave runup and wave reflection that would increase damage to adjacent buildings and structures.

3.

Subdivisions, Manufactured Home Parks and Major Developments. All subdivision, manufactured home park, and major development proposals located within special flood hazard areas shall:

a.

Be consistent with the need to minimize flood damage;

b.

Have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

c.

Have adequate drainage provided to reduce exposure to flood hazards; and

d.

Have base flood elevation (BFE) data provided if development is greater than the lesser of five (5) acres or fifty (50) lots/manufactured home sites. Such base flood elevation (BFE) data shall be adopted by reference per Section 18.6.3.B.2, Basis for Establishing the Special Flood Hazard Areas, to be utilized in implementing this Code.

4.

Standards for Floodplains Without Established Base Flood Elevations. Within the special flood hazard areas established in Section 18.6.3.B.2, Basis for Establishing the Special Flood Hazard Areas, where no base flood elevation (BFE) data has been provided, the following provisions shall apply:

a.

No encroachments, including fill, new construction, substantial improvements, or new development shall be permitted within a distance of twenty (20) feet each side from top of bank or five (5) times the width of the stream, whichever is greater, unless certification with supporting technical data by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

b.

If development is configured in accordance with the need to minimize flood damage and base flood elevation (BFE) data is available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of these standards and shall be elevated or floodproofed in accordance with elevations established by the Floodplain Administrator in accordance with Section 18.6.3.C.3, Duties and Responsibilities of the Floodplain Administrator. When base flood elevation (BFE) data is not available from a federal, state, or other source, the reference level, including basement, shall be elevated at least two (2) feet above the highest adjacent grade.

5.

Coastal High Hazard Areas (VE and V1-30 Zones) and Coastal A Zones (CAZ). Coastal high hazard areas are special flood hazard areas designated as Zones VE or V1-30. Coastal A Zones are special flood hazard areas delineated by the Limit of Moderate Wave Action (LiMWA) line. These areas have special flood hazards associated with high velocity waters from surges and, therefore, all new construction, substantial improvements and all other development shall comply with these requirements standards in addition to meeting all other provisions of these standards.

a.

General Standards.

i.

All development in a coastal high hazard area or Coastal A Zone shall:

a)

Be located landward of the reach of mean high tide;

b)

Be located landward of the first line of stable natural vegetation; and

c)

Comply with all applicable CAMA setback requirements.

ii.

All development shall be elevated so that the bottom of the lowest supporting horizontal member (excluding pilings or columns) is located no lower than the regulatory flood protection elevation. Floodproofing may not be utilized on any structures in coastal high hazard areas or Coastal A Zones to satisfy the regulatory flood protection elevation requirements.

iii.

All space below the regulatory flood protection elevation shall be open so as not to impede the flow of water.

iv.

Open wood lattice work or mesh insect screening may be permitted below the regulatory flood protection elevation for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action and in accordance with Section 18.6.3.D.2.d, Enclosures Beneath Elevated Buildings.

v.

All development shall be securely anchored on pilings or columns.

vi.

All pilings and columns and the attached structures shall be anchored to resist flotation, collapse, and lateral movement due to the effect of wind and water loads acting simultaneously on all building components.

vii.

A registered professional engineer or architect shall certify that the design, specifications and plans for construction are in compliance with the provisions contained in Section 18.6.3.C.2, Floodplain Development Permit and Certification Requirements, and Section 18.6.3.D.5, Coastal High Hazard Areas (VE and V1-30 Zones) and Coastal A Zones (CAZ).

viii.

There shall be no alteration of sand dunes which would increase potential flood damage.

b.

Use of Fill. There shall be no fill used as structural support. Non-compacted fill may be used around the perimeter of a building for landscaping/aesthetic purposes provided the fill will wash out from storm surge, thereby rendering the building free of obstruction prior to generating excessive loading forces, ramping effects, or wave deflection. Design plans shall be submitted in accordance with Section 18.6.3.C.2, Floodplain Development Permit and Certification Requirements. The Floodplain Administrator may approve design plans for landscaping/aesthetic fill only after the applicant has provided an analysis by an engineer, architect, and/or soil scientist which demonstrates that the following factors have been fully considered:

i.

Particle composition of fill material does not have a tendency for excessive natural compaction;

ii.

Volume and distribution of fill will not cause wave deflection to adjacent properties; and

iii.

Slope of fill will not cause wave run-up or ramping.

c.

Swimming Pools and Spas. Swimming pools and spas in a coastal high hazard area or Coastal A Zones shall:

i.

Be designed to withstand all flood-related loads and load combinations.

ii.

Be elevated so that the lowest horizontal structural member is elevated above the RFPE, or be designed and constructed to break away during design flood conditions without producing debris capable of causing damage to any structure, or be sited to remain in the ground during design flood conditions without obstructing flow that results in damage to any structure.

iii.

Be certified by a registered design professionals that a pool or spa beneath or near a VE Zone building will not be subject to flotation or displacement that will damage building foundations or elevated portions of the building or any nearby buildings during a coastal flood.

iv.

Pool equipment shall be located above the regulatory flood elevation whenever practicable, and shall not be located beneath an elevated structure.

d.

Limitations on Use.

i.

No manufactured homes shall be permitted except in an existing manufactured home park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring and elevation standards are in compliance with these standards.

ii.

Recreational vehicles shall be permitted in coastal high hazard areas or Coastal A Zones provided that they meet the recreational vehicle criteria of Section 18.6.3.D.2.h, Recreational Vehicles, and the temporary structure provisions of Section 18.6.3.D.2.i, Temporary Structures.

6.

Standards of Areas of Shallow Flooding (AO Zones). Areas of shallow flooding may be located within a special flood hazard area that include base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. The following provisions shall apply within areas of shallow flooding:

a.

All new construction and substantial improvements of all structures shall have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Rate Map (FIRM), in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least to the regulatory flood protection elevation as defined for the special flood hazard areas where no BFE has been established.

b.

All new construction and substantial improvements of nonresidential structures shall have the option to, in lieu of elevation, be completely floodproofed together with attendant utilities and sanitary facilities to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required as per Section 18.6.3.C.2.c, Certification Requirements, and Section 18.6.3.D.2.b, Nonresidential Development.

(Ord. No. 18-08-01, 8-27-2018; Ord. No. 20-04-02, 4-27-2020; Ord. No. 21-05-03, 5-24-21; Ord. No. 21-06-02, 6-28-21; Ord. No. 24-09-01, 9-23-2024)