Whereas the legislature of the state has, in S.C. Code § 5-7-30, delegated the responsibility to local govern-mental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry, the Building Official is hereby designated as the Local Floodplain Manager and authorized to implement and enforce the provisions of this chapter.

(`95 Code, § 5-4-1) (Am. Ord. 21-17, passed 7-11-17)

   (A)   The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

   (B)   These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed or otherwise unprotected from flood damages.

(`95 Code, § 5-4-2)

   It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

   (A)   Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

   (B)   Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

   (C)   Control the alteration of natural flood plains, stream channels and natural protective barriers which are involved in the accommodation of flood waters;

   (D)   Control filling, grading, dredging and other development which may increase erosion or flood damage; and

   (E)   Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.

(`95 Code, § 5-4-3)

   The objectives of this chapter are:

   (A)   To protect human life and health;

   (B)   To minimize expenditure of public money for costly flood control projects;

   (C)   To minimize the need for rescue and relief efforts associated with flooding and generally under-taken at the expense of the general public;

   (D)   To minimize prolonged business inter- ruptions;

   (E)   To 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;

   (F)   To help maintain a stable tax base by providing for the sound use and development of flood prone areas in a manner as to minimize flood blight areas; and

   (G)   To insure that potential home buyers are notified that property is in a flood area; and

   (H)   ICC Benefit. To notify potential property owners of the provisions of the ICC which allow additional funding to be made available in order to bring structures into compliance with FEMA regulations.

   (I)   Maintain all records pertaining to the administration of this chapter and make these records available to the public.

(`95 Code, § 5-4-4) (Ord. 26-04, passed 10-26-04; Am. Ord. 15-07, passed 6-26-07)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

         (a)   In special flood hazard areas other than coastal high hazard areas (Zones A, AE, AH, AO and A1-30), they are not larger than one-story and 600 square feet in area. Walls must have openings in compliance with § 152.25.

         (b)   In coastal high hazard areas (Zones V, VE, V1-30 and VO), they are not larger than 100 square feet.

         (c)   Anchored to resist flotation, collapse, and lateral movement.

         (d)   Flood damage resistant materials used below the design flood elevation in accordance with Technical Bulletin 2, Flood Damage Resistant Materials Requirement.

         (e)   Mechanical, electrical, and utility equipment comply with the requirements of § 152.25.

   ENVIRONMENTAL IMPACT STATEMENT (EIS). A statement of the effect of proposed development and other major or governmental actions on the environment. The purpose of an EIS is to provide the community with information needed to evaluate the effects of a proposed project upon the environment. The statement usually consists of an inventory of existing environmental conditions at the project site and in the surrounding area. The inventory includes air and water quality, water supply, hydrology, geology, soil type, topography, vegetation, wildlife, aquatic organisms, ecology, demography, land use, aesthetics, history, and archeology. An EIS also includes a project description and may include a list of all licenses, permits, or other approvals required by law. The EIS assessed the probable impact of the project upon all the inventory items and includes a listing of adverse environmental impacts that cannot be avoided. The statement also includes what steps the applicant proposed to take to minimize adverse environmental impacts during construction and operation and whether there are alternatives to any part of the project.

      (1)   The overflow of inland or tidal waters; or

      (2)   The unusual and rapid accumulation or runoff of surface waters from any source.

      (1)   Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

      (2)   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

      (3)   Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

      (4)   Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

         (a)   By an approved state program as determined by the Secretary of the Interior; or

         (b)   Directly by the Secretary of the Interior in states without approved programs.

      (1)   A building, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities.

      (2)   The term also includes “park trailers,” “travel trailers” and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.

   NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

      (1)   Built on a single chassis;

      (2)   Four hundred square feet or less when measured at the largest horizontal projection;

      (3)   Designed to be self-propelled or permanently towable by a light duty truck; and

      (4)   Designed primarily not for use as a permanent dwelling, but as a temporary living quarters for recreational camping, travel or seasonal use.

      (1)   For other than new construction or substantial improvements under the Coastal Barrier Resources Act, 16 U.S.C. 3501 et seq. (P.L. 97-348), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction or improvement was within 180 days of the permit date.

      (2)   The actual start means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation.

      (3)   Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building.

      (1)   Any combination of repairs, reconstruction, alteration or improvements to a building, taking place during a ten-year period, in which the cumulative cost equals or exceeds 50% of the market value of the building prior to the first instance of repairs, reconstruction, alterations, or improvements.

      (2)   The market value of the building must be provided by a SC Certified appraiser prior to the start of the initial repair or improvement. For improvements being made after damage, the market value shall be the value of the building prior to the damage occurring. If a certified appraisal is not available the assessed value as assigned by Charleston County Assessor’s Office maybe used.

      (3)   Code violations repairs and corrections identified that are the minimum necessary to assure safe living conditions and have been recorded by the Building Official prior to the start of an improvement may be permitted separately and excluded from the substantial improvement calculation. (per FEMA P-758, 4.4.2)

      (4)   The ten-year period shall not be waived in the event repairs, reconstruction, alteration, or improvements to a building are required as an act of God, natural disaster or other actions beyond the control of the property owner.

(`95 Code, § 5-4-5) (Am. Ord. 20-97, passed 2-3-98; Am. Ord. passed 5-11-99; Am. Ord. 26-04, passed 10-26-04; Am. Ord. 15-07, passed 6-26-07; Am. Ord. 38-11, passed 12-13-11; Am. Ord. 37-11, passed 1-10-12; Am. Ord. 22-13, passed 1-14-14; Am. Ord. 22-16, passed 9-13-16; Am. Ord. 35-16, passed 12-13-2016; Am. Ord. 21-17, passed 7-11-17; Am. Ord. 08-19, passed 2-11-19; Am. Ord. 25-20, passed 12-8-20; Am. Ord. 10-21, passed 5-11-21)

   This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city.

(`95 Code, § 5-4-6)

   The areas of special flood hazard identified by the Federal Emergency Management Agency in its flood insurance study dated January 29, 2020, with accompanying maps, and other supporting data, are adopted by reference and declared to be a part of this chapter.

(`95 Code, § 5-4-7) (Ord. 29-04, passed 10-26-04; Am. Ord. 15-07, passed 6-26-07; Am. Ord. 25-20, passed 12-8-20)

   No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations.

(`95 Code, § 5-4-9)

   This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(`95 Code, § 5-4-10)

   In the interpretation and application of this chapter, all provisions shall be:

   (A)   Considered as minimum requirements;

   (B)   Liberally construed in favor of the City Council; and

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

(`95 Code, § 5-4-11)

(Am. Ord. 15-07, passed 6-26-07)

   (A)   The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations.

   (B)   (1)   Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes.

      (2)   This chapter does not imply that land outside the areas of special flood hazard or uses permitted within the areas will be free from flooding or flood damages.

      (3)   This chapter shall not create liability on the part of the city or by any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(`95 Code, § 5-4-12)

   (A)   There shall be no erection, fabrication, forming, arrangement or transfer of any man-made or natural resources for any easement for ingress or egress in or on any property which has artificially accreted as a result of the 1989 dune restoration project or any other renourishment projects as depicted on the attached maps and/or graphs which are attached hereto and incorporated by reference.

   (B)   All applications for building permits, which could potentially affect these properties shall be held in abeyance for a period of 30 days to determine whether or not the properties have accreted through artificial means as a result of these properties.

(Ord. 18-97, passed - - 97)

   In all areas within the city limits of Folly Beach, all permits for new construction and substantial improvement must be reviewed to determine whether proposed structures will be reasonably safe from flooding. Permits will be reviewed to ensure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334 and that no adverse impact occurs during the development process as authorized by 44 CFR 59 and 60. Additionally, the following provisions are required:

   (A)   New construction and substantial improve- ments shall be anchored to prevent flotation, collapse or lateral movement of the structure.

   (B)   (1)   Manufactured homes shall be anchored to prevent flotation, collapse or lateral movement.

      (2)   Methods of anchoring may include, but are not limited to use of over-the-top or frame ties to ground anchors.

      (3)   This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces.

   (C)   New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

   (D)   New construction or substantial improve- ments shall be constructed by methods and practices that minimize flood damage.

   (E)   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 to the design flood elevation (DFE).

   (F)   New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

   (G)   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.

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

   (I)   Any alteration, repair, reconstruction or improvements to a structure which is in compliance with the provisions of this chapter, shall meet the requirements of “new construction,” as contained in this chapter.

   (J)   Noncompliant buildings or uses may not be enlarged, replaced, or rebuilt unless such enlargement or reconstruction is accomplished in conformance with the provisions of this chapter. Provided, however, nothing in this chapter shall prevent the repair, of an existing building or structure located totally or partially within the floodway, provided that the bulk of the building or structure below base flood elevation in the floodway is not increased and provided that such repair meets all of the other requirements of this chapter.

   (K)   All new and substantially improved critical development shall be elevated to the 500-year flood elevation or be elevated to the highest known historical flood elevation (where records are available), whichever is greater. If no data exists establishing the 500-year flood elevation or the highest known historical flood elevation, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates 500-year flood elevation data.

   (L)   All gas or liquid storage tanks, either located above ground or buried, shall be anchored to prevent floatation and lateral movement resulting from hydrodynamic and hydrostatic loads.

   (M)   All new construction and substantial improvements must meet the Americans with Disabilities Act (ADA) requirements including specific ADA requirements for construction in the floodplain. The ADA shall not be used as justification for the issuance of a variance or otherwise waiving floodplain construction requirements. The cost of applicable ADA improvements shall be included in calculating the threshold of substantial improvement.

      (1)   New construction and substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the design 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.

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

         (a)   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 below the design flood elevation;

         (b)   The bottom of all openings shall be no higher than one foot above the higher of the interior or exterior grade immediately under the opening;

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

         (d)   Only the portions of openings that are below the design flood elevation (DFE) can be counted towards the required net open area, and;

         (e)   Fill placed around foundation walls must be graded so that the grade inside the enclosed area is equal to or higher than the adjacent grade outside the building on at least one side of the building.

      (3)   Electrical, plumbing, and other utility connections are prohibited below the design flood elevation except that one wet location switch and/or outlet connected to a ground fault interrupt breaker may be installed below the required lowest floor elevation.

      (4)   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).

      (5)   The interior portion of the enclosed area shall not be partitioned or finished into separate rooms.

      (6)   Prior to receiving a permit to construct or renovate a structure in the flood plain, the owner must sign and file with the Charleston County Register of Mesne Conveyance a non-conversion agreement, which promises not to improve, finish, or otherwise convert the area below the area below DFE and grants community officials the right to inspect the enclosed area. The non-conversion agreement shall be of a form determined by the Building Official.

      (7)   Hydrodynamic pressure must be considered in the design of any foundation system where velocity waters or the potential for debris flow exists. If flood velocities are excessive (greater than five feet per second), foundation systems other than solid foundations walls should be considered so that obstructions to damaging flood flows are minimized.

      (8)   All construction materials below the required lowest floor elevation shall be of flood resistant materials.

      (9)   All new construction and substantial improvements shall be located landward of the SCDES Baseline as well as comply with all applicable SCDES setback requirements.

      (10)   All buildings shall be elevated so that the bottom of the lowest supporting horizontal member (excluding pilings or columns) and any associated utilities are located no lower than the design flood elevation.

         (a)   Open lattice work or decorative screening may be permitted for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action and in accordance with division (F)(8) above.

         (b)   Breakaway (solid) walls may be permitted, provided that they are designed to break away from columns or pilings at a maximum horizontal pressure of 20 pounds per square foot applied to the projected area, leaving columns or pilings intact, but shall not break away at less than a horizontal pressure of 15 pounds per square foot on the projected area.

            1.   Breakaway construction design shall be certified by a registered South Carolina architect or engineer and a certificate verifying the same shall be submitted upon completion of construction. Final inspection approval shall be withheld until this certification is received.

            2.   No plumbing pipes, gas pipes, electrical wires or other equipment shall be run or mounted on or in the breakaway wall or in any way impede or prevent the wall from breaking away under the designated load.

            3.   Solid breakaway walls shall be allowed only for added security for the storage of a homeowner's personal belongings and shall not in any way be incorporated as living space or designed as part of the structure used for human habitation and must be vented per division (N). The Building Official shall at all times be allowed right of entry for inspection purposes to ascertain that the area behind the breakaway walls are used for no other purpose other than storage.

            4.   Secondary breakaway wall enclosures shall not exceed 299 square feet.

            5.   Only flood resistant materials shall be used below the required flood elevation. One wet location switch and/or outlet connected to a ground fault interrupt breaker may be installed below the required lowest floor elevation.

      (11)   All buildings or structures shall be securely anchored on pilings or columns.

      (12)   All piles and columns and the structures attached thereto 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. Water loading values shall equal or exceed the base flood. Wind loading values shall be in accordance with Standard Building Code, current edition.

      (13)   A registered professional engineer or architect shall certify that the design, specifications and plans for construction are in compliance with the provisions contained in this section.

      (14)   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. The Building Official shall 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:

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

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

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

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

      (16)   Lattice work or decorative screening shall be allowed below the design flood elevation provided it is not part of the structural support of the building and is designed to break away under abnormally high tides or wave action without damage to the structural integrity of the building on which it is to be used and further provided that at least 60% of the area is void and evenly distributed throughout and located between piles or columns and meets all other requirements under this section.

      (17)   If aesthetic lattice work or screening (breakaway walls) are utilized, the enclosed space shall not be designed to be useable for human habitation but shall be designed to be useable only for parking of vehicles, building access or limited storage of maintenance equipment used in connection with the premises.

      (18)   Prior to construction, plans for any structures that will have breakaway walls must be submitted to the Building Official for approval.

      (19)   Any alteration, repair, reconstruction or improvement to a structure shall not enclose the space below the lowest floor except with lattice work or decorative screening, as provided for in divisions (F)(8) and (F)(9) above.

      (20)   Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured homes (mobile homes) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of division (B) and the elevation standards of division (A) above are met.

      (21)   Accessory structures, below the required lowest floor elevation are prohibited in V-zones except for the following:

         (a)   Swimming pools which:

            1.   Must be installed at-grade or elevated so long as the pool will not act as an obstruction.

            2.   Must be structurally independent of the building and its foundation.

            3.   May be placed beneath a coastal building only if the top of the pool and any accompanying decking or walkway are flush with the existing grade and only if the lower area remains unenclosed.

            4.   Must be part of the certification process for V-zone buildings by which a design professional must consider the effects that any of these elements will have on the building in question and any nearby buildings.

         (b)   Access stairs attached to or beneath an elevated building which:

            1.   Must be constructed of flood-resistant materials.

            2.   Must be constructed as open staircases so they do not block flow under the structure.

         (c)   Decks as follows:

            1.   If the deck is structurally attached to a building then the bottom of the lowest horizontal member must be at or above the elevation of the building's lowest horizontal member.

            2.   If the deck is to be built below the DFE then it must be structurally independent of the main building and must not cause an obstruction.

            3.   If an at-grade, structurally independent deck is proposed then a design professional must evaluate the design to determine if it will adversely affect the building and nearby buildings.

      (22)   Parking areas should be located on a stable grade under or landward of a structure. Any parking surface shall consist of gravel or aggregate.

      (23)   Electrical, ventilation, plumbing, heating and air conditioning equipment (including ductwork), 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 the design flood elevation. This requirement does not exclude the installation of outdoor faucets for shower heads, sinks, hoses, etc., as long as cut off devices and back flow prevention devices are installed to prevent contamination to the service components and thereby minimize any flood damages to the building. No utilities or components shall be attached to breakaway walls.

(`95 Code, § 5-4-18) (Am. Ord. 05-97, passed 4-1-97; Am. Ord. 24-99, passed 9-14-99; Am. Ord. 01-00, passed 2-22-00; Am. Ord. 22-16, passed 9-13-16; Am. Ord. 21-17, passed 7-11-17; Am. Ord. 08-19, passed 2-11-19; Am. Ord. 04-21, passed 1-22-21; Am. Ord. 10-21, passed 5-11-21; Am. Ord. 001-25, passed 2-11- 25)

   In all areas within the city limits of Folly Beach, as set forth in §§ 152.07 or 150.20, the following provisions are required:

      (1)   New construction and substantial improvement of any residential building (or manufactured home) shall have the lowest floor, including basement, elevated no lower than the design flood elevation (DFE).

      (2)   Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood water shall be provided in accordance with standards of § 152.41.

      (1)   New construction and substantial improvement of any commercial, industrial or non-residential building (or manufactured home) shall have the lowest floor, including basement, elevated no lower than the design flood elevation (DFE). Commercial buildings located in all A-zones may be floodproofed 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 and hydrodynamic loads and the effect of buoyancy. A flood proofing certificate must be submitted to the Building Official certified by a licensed South Carolina architect or engineer prior to occupation of the structure.

      (2)   A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. The certification shall be provided to the official as set forth in § 152.41.

      (3)   This section does not raise the height restriction.

      (4)   Structures that are floodproofed are required to have an approved maintenance plan with an annual review. The local floodplain administrator must approve the maintenance plan and be provided with a notification of the annual review.

      (1)   All manufactured homes placed or substantially improved on individual lots or parcels, in expansions to existing manufactured home parks or subdivisions, or in substantially improved manufactured home parks or subdivisions, must meet all the requirements for new construction, including elevation and anchoring.

      (2)   All manufactured homes placed or substantially improved in an existing manufactured home park or subdivision must be elevated so that:

         (a)   The lowest floor of the manufactured home is elevated no lower than the design flood elevation (DFE);

         (b)   The manufactured home chassis is supported by reinforced piers or other foundation elements of at least an equivalent strength, of no less than 36 inches in height above grade.

         (c)   The manufactured home must be securely anchored to the adequately anchored foundation system to resist flotation, collapse and lateral movement.

         (d)   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 § 152.41.

      (3)   All recreational vehicles placed on sites must either:

         (a)   Be fully licensed and ready for highway use;

         (b)   Meet all the requirements for new construction, including anchoring and elevation requirements of division (A) above; and

         (c)   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 devices and has no permanently attached structures.

      (1)   Prohibit encroachments, including fill, new construction, substantial improvements and other developments unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge;

      (2)   If the provision (D)(1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of § 152.25.

      (3)   Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured home (mobile homes) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of § 152.25 and the elevation standards of division (C) above and the encroachment standards of this division (D) are met.

(`95 Code, § 5-4-19) (Ord. 13-02, passed 8-27-02; Am Ord. 36-11, passed 12-13-11; Am. Ord. 38-11, passed 12-13-11; Am. Ord. 22-16, passed 9-13-16; Am. Ord. 35-16, passed 12-13-16; Am. Ord. 21-17, passed 7-11-17; Am. Ord. 08-19, passed 2-11-19; Am. Ord. 25-20, passed 12-8-20; Am. Ord. 10-21, passed 5-11-21)

   (A)   All subdivision proposals shall be consistent with the need to minimize flood damage.

   (B)   All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

   (C)   All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.

   (D)   Base flood elevation data shall be provided for subdivision proposals and other proposed development.

(`95 Code, § 5-4-21) (Am. Ord. 35-11, passed 12-13-11)

   (A)   Located within the areas of special flood hazard established in § 152.07 are areas designated as shallow flooding areas.

   (B)   These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply.

      (1)   All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade plus the freeboard requirement. If no depth number is specified, the lowest floor, including basement, shall be elevated, at least four feet above the highest adjacent grade (HAG).

      (2)   All new construction and substantial improvements of nonresidential structures shall:

         (a)   Have the lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade plus the freeboard requirement. If no depth number is specified, the lowest floor, including basement shall be elevated at least four feet above the highest adjacent grade (HAG); or

         (b)   Together with attendant utility and sanitary facilities be completely floodproofed 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.

(`95 Code, § 5-4-22)

      (3)   All structures on slopes must have drainage paths around them to guide water away from the structures.

(Am. Ord. 25-20, passed 12-8-20; Am. Ord. 10-21, passed 5-11-21)

   A development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities.

(`95 Code, § 5-4-8)

   (A)   Application for a development permit shall be made to the 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.

   (B)   Specifically, the following information is required:

      (1)   Application stage.

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

         (b)   Elevation in relation to mean sea level to which any nonresidential building will be floodproofed;

         (c)   Certificate from a registered professional engineer or architect that the nonresi-dential floodproofed building will meet the flood-proofing criteria in § 152.26;

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

            1.   Upon application for activities that will alter or relocate a watercourse, the Flood Plain Manager shall notify adjacent communities and the South Carolina Department of Natural Resources, Land, Water, and Conservation Division, State Coordinator for the National Flood Insurance program prior to any alteration or relocation of a watercourse, and submit evidence of such modification to the Federal Emergency Management Agency.

            2.   Any activity that alters or relocates a watercourse must maintain the carrying capacity of the watercourse.

      (2)   Construction stage.

         (a)   Provide an under construction elevation certificate after the lowest floor is completed, or in 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.

         (b)   The certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When floodproofing is utilized for a particular building, the certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same.

         (c)   Any work undertaken prior to submission of the certification shall be at the permit holder’s risk. The Building Official shall review the floor elevation survey data submitted.

         (d)   Deficiencies detected by the review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed.

         (e)   Failure to submit the survey or failure to make the corrections required hereby shall be cause to issue a stop-work order for the project.

         (f)   When a structure is located in Zones V, VE, or V1-30, or a Coastal A Zone certification shall be provided from a registered professional engineer or architect, separate from submitted plans, that new construction and substantial improvement meets the criteria for the coastal high hazard areas.

         (g)   Upon completion of the development a registered professional engineer, land surveyor or architect, in accordance with SC law, shall certify that the development is built in accordance with the submitted plans and previous pre-development certifications.

(`95 Code, § 5-4-15) (Am. Ord. 22-16, passed 9-13-16; Am. Ord. 21-17, passed 7-11-17; Am. Ord. 25-20, passed 12-8-20)

   (A)   The Construction Board of Appeals shall hear and decide appeals and request for variances from the requirements of this chapter.

   (B)   The Construction Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Building Official in the enforcement or administration of this chapter.

   (C)   Any person aggrieved by the decision of the Construction Board of Appeals, or any taxpayer may appeal the decision to the Court of Common Pleas, as provided in S.C. Code § 18-7-10.

   (D)   Variances may be issued for the repair or rehabilitation of historic structures (see definition) 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.

   (E)   In passing upon the application, the Construction Board of Appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, 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 the 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 flood plain 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.

   (F)   Upon consideration of the factors listed above and the purposes of this chapter, the Construction Board of Appeals may attach the conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

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

   (H)   Conditions for variances:

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

      (2)   Variances shall only be issued upon a showing of good and sufficient cause; a determination that failure to grant the variance would result in exceptional hardship. 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.

      (3)   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 structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

      (4)   The Building Official shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

(`95 Code, § 5-4-17) (Am. Ord. 22-16, passed 9-13-16)

   Violation of the provisions of this chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500 or imprisoned for not more than 30 days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day a violation continues shall be considered a separate offense. Nothing herein contained shall prevent the city from taking the other lawful action as is necessary to prevent or remedy any violation.

(`95 Code, § 5-4-13)