The purpose of this Article is to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by the application of regulations designed to: Restrict or prohibit uses which are dangerous due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; control the alteration of natural flood plains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; control filling, grading, dredging and other development which may increase erosion or flood damage; and prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.

It is further the intent of this Article to: Protect human life and health; minimize expenditure of public money for costly flood control projects; minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; minimize prolonged business interruptions; minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in flood plains; help maintain a stable tax base by promoting the sound use and development of flood-prone areas in such a manner as to minimize flood blight areas; and to insure that potential home buyers are notified that property is in a flood area.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

The provisions of this Article shall apply to all areas of special flood hazard, as defined by these regulations, within the jurisdiction of the City of Dahlonega

(Ord. No. 91-9(Amd. 21), 9-6-2016)

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in its Flood Hazard Boundary Map (FHBM) Revision, dated January 23, 1976, with accompanying maps and any revision thereto, are hereby adopted by reference and declared to be a part of this Ordinance.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

Where the Flood Insurance Study and accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps establish base flood elevations, such elevations shall govern. However, in the event base flood elevations are not provided by said study and maps, or in the event a study by the U.S. Army Corps of Engineers or other reputable engineering studies prepared by a current state-registered professional engineer establishes base flood elevations for a more specific land area, then said specific elevations prepared by the Corps or registered engineer shall govern, upon acceptance by the Federal Emergency Management Agency (FEMA) and amendment of appropriate maps. When base flood elevations cannot be established by these means, the base flood elevations may be determined by data submitted by a registered land surveyor based on the best information available, subject to the approval of the Building Official.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

Within any floodway, as defined by these regulations, no encroachments, including fill, new construction substantial improvements and other development shall be permitted unless certification (with supporting technical data) by a state registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during occurrence of the base flood. All such construction must be in conformance with the provisions of these regulations. No structure or land shall hereafter be located or extended, converted or structurally altered without full compliance with the terms of this Article. Mobile or manufactured homes shall not be permitted in designated floodways.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

Notwithstanding the uses permitted by the zoning district applying to the property, only the following uses shall be permitted within a special flood hazard area:

1.

Agriculture, including forestry and livestock raising, requiring no structure.

2.

Dams, provided they are constructed in accordance with the requirements of this Article and with all applicable State and Federal Regulations.

3.

Fences having sufficient open area to permit the free flow of water and/or debris.

4.

Grading and other construction necessary to raise a building site above the flood plain, provided that said activities are accomplished in conformance with the development standards of these regulations and all applicable State and Federal Regulations.

5.

Identification, regulatory and warning signs.

6.

Public, private and commercial parks and recreational areas including boat ramps and docks but not including any temporary or permanent buildings, provided such use is approved by the City Engineer and the U.S. Army Corps of Engineers.

7.

Parking lots.

8.

Public utility poles, towers, pipelines, sewers, streets, and similar facilities, provided they are constructed in such a manner as to permit the free flow of flood waters.

9.

Other uses may be permitted upon approval of a conditional use in accordance with the procedures established in Article XXVI.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

In all developments that involve change, modification, or alteration of a special flood hazard area, except such agricultural activities as plowing, tilling, seeding and planting, such development shall require a development permit in accordance with Section 2703 from the Building Official prior to the commencement of activities. No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this Ordinance and other applicable regulations.

Application for a Development Permit shall be made to the City of Dahlonega Building Official on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

2207.1. Application Stage.

1.

Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all buildings;

2.

Elevation in relation to mean sea level to which any non-residential building will be floodproofed;

3.

Certificate from a registered professional engineer or architect that the non-residential floodproofed building will meet the floodproofing criteria in this Article.

4.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

2207.2. Construction Stage.

Provide a floor elevation or flood-proofing certification after the lowest floor is completed, or instances where the building is subject to the regulations applicable to Coastal High Hazard Areas, after placement of the horizontal structural members of the lowest floor. Upon placement of the lowest floor, or flood-proofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the City of Dahlonega Building Inspector a certification of the elevation of the lowest floor, flood-proofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood-proofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holder's risk. The City of Dahlonega Building Official shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

Duties of the City of Dahlonega Building Official with regard to this Article shall include, but not be limited to:

1.

Review all development permits to assure that the permit requirements of this Ordinance have been satisfied;

2.

Advise permittee that additional federal or state permits may be required, and if specific federal or state permit requirements are known, require that copies of such permits be provided and maintained on file with the development permit.

3.

Notify adjacent communities and the Georgia Department of Natural Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

4.

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

5.

Verify and record the actual elevation (in relation to mean seal level) of the lowest floor (including basement) of all new or substantially improved buildings, in accordance with this Article.

6.

Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved buildings have been floodproofed, in accordance with this Article.

7.

When floodproofing is utilized for a particular building, the City of Dahlonega Building Official shall obtain certification from a registered professional engineer or architect, in accordance with this Article.

8.

Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the City of Dahlonega Building Official shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this Article.

9.

When base flood elevation data or floodway data have not been provided in accordance with this Article, then the City of Dahlonega Building Official shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer the provisions of this Article.

10.

All records pertaining to the provisions of this Ordinance shall be maintained in the office of the City of Dahlonega Building Official and shall be open for public inspection.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

Development within special flood hazard areas shall conform to the following regulations:

2209.1. General Requirement For New Construction and Substantial Improvements.

New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure; constructed with materials and equipment resistant to flood damage; constructed by methods and practices that minimize flood damage. Any alteration, repair, reconstruction or improvements to a building which is in compliance with the provisions of this Article, shall meet the requirements for new construction as contained in this Article.

2209.2. River and Stream Channels.

Relocation or realignment of river or stream channels shall be prohibited if such action would reduce the floodway capacity with respect to the base flood elevation, or significantly alter water flow characteristics so as to create a hazard. Prior to any alteration or relocation of a watercourse, adjacent communities and the Georgia Department of Natural Resources shall be notified, and written evidence of such notification shall be submitted to the Federal Emergency Management Agency.

2209.3. Non-Conforming Uses.

Any alteration, repair, reconstruction or improvements to a building which is not in compliance with the provisions of this Article, if permitted by these regulations, shall be undertaken only if said non-conformity is not furthered, extended or replaced.

2209.4. Residential Structures.

Any new residential structure or substantial improvement thereof, or mobile or manufactured home in all areas of a special flood hazard area, if permitted by these regulations, shall have its lowest floor, including basement, elevated no lower than three (3) feet above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with this Article.

2209.5. Non-Residential Structures.

Any new construction or substantial improvement of any commercial, industrial or other non-residential structure (including mobile or manufactured home), if permitted by these regulations, shall have the lowest floor, including basement, elevated no lower than three (3) feet above the base flood elevation. Buildings located in all A-zones, if permitted by these regulations, may be flood proofed in lieu of being elevated provided that all areas of the building below the required elevation are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic or hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this Article are satisfied.

2209.6. Elevated Buildings.

New construction or substantial improvements of elevated buildings, if permitted by these regulations, that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls.

a)

Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:

1)

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;

2)

The bottom of all openings shall be no higher than one foot above grade; and

3)

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

b)

Access to the enclosed area shall be the minimum necessary to allow for 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

c)

The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.

2209.7. Filling in Flood Hazard Area.

Lands may be removed from a special flood hazard area by raising the elevation of such land above the base flood elevation, provided the raising of such land is accomplished in accordance with the requirements of this Article and any State and Federal regulations.

2209.8. Residential Lot Area and Subdivision Requirements.

In zoning districts which permit residential use, at least fifty (50%) percent of the required minimum lot area established by the zoning district shall be above the base flood elevation. Base flood elevation data shall be provided for subdivision proposals (including mobile and manufactured home parks and subdivisions) and other proposed development which is greater than the lesser of fifty (50) lots or five (5) acres. All subdivision proposals shall be consistent with the need to minimize flood damage, shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage, and shall have adequate drainage provided to reduce exposure to flood hazards.

2209.9. Certain Development Prohibited.

No construction, including grading and filling, shall be permitted which would: raise the base flood elevation beyond the boundaries of the property being developed; reduce the flood storage capacity of the floodway; impede the movement of flood waters; or increase the velocity of flood waters.

2209.10. Utilities and Equipment.

All new and replacement water supply systems and sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. On site sewage disposal systems shall be located to avoid impairment to them or contamination from them during flooding. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

2209.11. Standards for Manufactured Homes and Recreational Vehicles.

a)

All manufactured homes, if permitted by these regulations, 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 or subdivisions, must meet all the requirements for new construction, including elevation and anchoring.

b)

All manufactured homes, if permitted by these regulations, placed or substantially improved in an existing manufactured home park or subdivision must be elevated so that:

1)

The lowest floor of the manufactured home is elevated no lower than three (3) feet above the level of the base flood elevation, or

2)

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.

3)

The manufactured home must be securely anchored to the adequately anchored foundation system to resist flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to applicable state requirements for resisting wind forces.

4)

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 or substantially improved must meet the standards of Article XXII, Section 2209., 2209.11. (b) (1) and (3) above.

c)

All recreational vehicles placed on sites must either:

1)

Be fully licensed and ready for highway use, or

2)

The recreational vehicle must meet all the requirements for new construction, including anchoring and elevation requirements of Article XXII, Section 2209, 2209.11(a) or (b)(1) and (3) above.

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 security services and has no permanently attached structures.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

The degree of flood protection provided by this Article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and do occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Article does not imply that land outside of the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This Article shall not create liability on the part of the City of Dahlonega, or by any officer or employee thereof for any flood damages that result from reliance on this Article or any administrative decision lawfully made thereunder.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

In the case of an alleged error in determination or act of an official in the administration or enforcement of this Article, such aggrieved person may appeal said determination or action to the Board of Zoning Appeals in accordance with Article XXIV of these regulations.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

The Board of Zoning Appeals shall hear and decide requests for variances from the requirements of this Article, in accordance with Article XXIV of these regulations. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum to preserve the historic character and design of the structure.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

In passing upon such applications, the Board of Zoning Appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this Ordinance, and:

1.

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

2.

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

3.

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

4.

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

5.

The necessity of the facility to a waterfront location, in the case of a functionally dependent facility;

6.

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

7.

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

8.

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

9.

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

10.

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;

11.

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.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

1.

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

2.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building;

3.

Variances shall only be issued upon (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, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

4.

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the building is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduces lowest floor elevation.

5.

The City of Dahlonega Building Official shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

Located within the areas of special flood hazard established in this Article, where streams exist but where no base flood data has been provided without floodways, the following provisions apply:

2215.1. No encroachments, including fill material or structures shall be located within areas of special flood hazard, unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the community. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles.

2215.2. New construction or substantial improvements of buildings shall be elevated or flood-proofed to elevations established in accordance with this Article.

(Ord. No. 91-9(Amd. 21), 9-6-2016)