62.1.1. This article shall apply to all areas of the flood hazard district within the jurisdiction of Huntsville, Alabama. The flood hazard district is composed of the floodway district and the floodway fringe district.

62.1.2. A floodplain development permit shall be required in conformance with the provisions of this article and of the City of Huntsville Stormwater Management Manual prior to the commencement of any land disturbance activities or any development or building activities, including filling, dumping, grading, or excavation within the flood hazard district. (See section 62.8.)

62.1.3. No structure or land within the flood hazard district shall hereafter be located, extended, converted or altered without full compliance with the terms of this ordinance and other applicable regulations.

62.1.4. The boundaries and designations of the floodway district and floodway fringe district provided for herein are hereby established as shown on the maps identified by the titles "National Flood Insurance Program, FIRM Flood Insurance Rate Map, Madison County, Alabama, and Incorporated Areas" (Community-Panel Number 010153, City of Huntsville, Alabama) composed of panels 0144, 0158, 0159, 0163, 0164, 0166, 0167, 0168, 0169, 0175, 0178, 0179, 0183, 0186, 0187, 0188, 0189, 0193, 0194, 0195, 0211, 0215, 0269, 0290, 0291, 0292, 0293, 0294, 0302, 0304, 0306, 0307, 0308, 0309, 0311, 0315, 0320, 0326, 0327, 0328, 0329, 0331, 0333, 0335, 0340, 0341, 0343, 0354, 0355, 0360, 0362, 0365, 0370, 0407, 0425, 0450, 0455, 0456, 0458, 0460, 0467, 0475, and 0478 issued by the Federal Emergency Management Agency, Federal Insurance Administration, bearing an effective date of April 20, 1998, and any revisions thereto.

62.1.5. For those land areas acquired by the city through annexation, the current effective flood insurance study, data, and flood insurance rate map for Madison, Limestone, and Morgan Counties are hereby adopted by reference.

62.1.6. These maps as identified, all explanatory matter thereof, and the flood insurance study, Madison County, Alabama, and incorporated areas, dated April 25, 1995, and any revisions thereto are hereby adopted and made a part of this ordinance. Such maps and explanatory matter shall be filed in the office of the City Engineer of the City of Huntsville, Alabama.

62.1.7. The Legislature of the State of Alabama has in Title 11, Chapter 19, Sections 1—24 Chapter 45, Sections 1—11, Chapter 52, Sections 1—84, and Title 41, Chapter 9, Section 166 of the Code of Alabama, 1975, authorized local government units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.

(Ord. No. 98-189, § 1(62.1), 4-7-1998; Ord. No. 99-206, § 4, 4-8-1999; Ord. No. 18-716, §§ 1, 2, 10-25-2018)

Addition (to an existing building). Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common loadbearing wall other than a firewall. Any walled and roofed addition which is connected by a firewall or is separated by independent perimeter loadbearing walls is new construction.

Area of shallow flooding. A designated AO or AH zone on a community's flood insurance rate map (FIRM) with base flood depths from one to three feet, and/or where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

Area of special flood hazard. The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. It is composed of the floodway, and the floodway fringe.

Base flood. The flood having a one percent chance of being equaled or exceeded in any given year.

Base flood elevation. The computed elevation to which floodwater is anticipated to rise during the base flood. It is also the elevation of surface water resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year. Base flood elevations are shown in the FIS and on the flood insurance rate map (FIRM) for zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30 and VE.

Basement. Any portion of a building having its floor sub grade (below ground level) on all sides.

Breakaway wall. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

Building (also see "structure"). (1) A structure with two or more outside rigid walls and a fully secured roof, that is affixed to a permanent site; or (2) a manufactured home (a "manufactured home," also known as a mobile home, is a structure built on a permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation); or (3) a travel trailer without wheels, built on a chassis and affixed to a permanent foundation, that is regulated under the community's floodplain management and building ordinances or laws.

Development. Any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, and storage of equipment or materials.

Effective date of this article. September 13, 1979.

Elevated building. A nonbasement building built to have the lowest floor of the lowest enclosed area elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns, piers, or shear walls adequately anchored so as not to impair the structural integrity of the building during a base flood.

Existing construction. Any structure for which the "start of construction" commenced before September 13, 1979 or before January 1, 1975, for FIRMs effective before that date. Existing construction may also be referred to as existing structures.

Existing 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 final site grading or the pouring of concrete pads) is completed before September 13, 1979.

Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland waters; or

(2)

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

Flood insurance rate map (FIRM). An official map of a community, issued by the Federal Insurance Administration, delineating the areas of special flood hazard and the risk premium zones applicable to the community.

Flood insurance study (FIS). The official report by the Federal Insurance Administration evaluating flood hazards and containing flood profiles and water surface elevations of the base flood.

Floodplain. Any land area susceptible to being inundated by water from any source.

Floodproofing. Any combination of structural and nonstructural additions, changes or adjustments to structures, which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitation facilities or structures with their contents.

Floodway (regulatory floodway). The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Floodway fringe. The area lying between the floodway and the boundaries of the 100-year floodplain.

Floor. The top surface of an enclosed area in a building including basement and/or garage, i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction.

Functionally dependent facility. A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term may include longterm storage, sales, or service facilities in connection with a marine facility only with the approval of the board of adjustment.

Highest adjacent grade. The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

Historic structure. Any structure that is:

(1)

Listed individually on the National Register of Historic Places 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 national register historic district or a district preliminarily determined by the secretary to qualify as a national register historic district; or

(3)

Determined as eligible for listing on the national register by the state historic preservation officer.

Lowest floor. The lowest floor of the lowest enclosed area of a building (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicle[s], building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provision[s] of this Code.

Manufactured home. 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. 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.

Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Mean sea level. The average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For the purpose of this ordinance, the term is synonymous with National Geodetic Vertical Datum (NGVD) of 1929 or other datum.

National geodetic vertical datum (NGVD). As corrected in 1929, NGVD is a vertical control used as a reference for establishing varying elevations within the floodplain.

New construction. Any structure and any subsequent improvements to the structure for which the start of construction commenced on or after March 8, 1974.

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 September 13, 1979.

Recreational vehicle. A vehicle which is built on a single chassis, has 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light-duty truck, and is designed as temporary living quarters for recreational, camping, travel or seasonal use.

Remedy a violation. To bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

Repetitive loss. Flood related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damages occurred.

Section 1316. No new flood insurance policy or federal disaster assistance shall be provided for any property which the administrator finds has been declared by a duly constituted state or local zoning authority or other authorized public body, to be in violation of state or local laws, regulations or ordinances which are intended to discourage or otherwise restrict land development or occupancy in floodprone areas. If the structure is made compliant with the applicable community's floodplain management ordinance, then the Section 1316 declaration can be rescinded by the community and flood insurance and disaster assistance eligibility restored.

Special flood hazard area (SFHA). That portion of the floodplain subject to inundation by the base flood and/or flood-related erosion hazards as shown on a FHBM or FIRM as zones A, AE, AH, AO, AR, AR/AE, AR/AO, AR/AH, AR/A, A99, or VE.

Start of construction. 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. The actual start means the first placement of permanent construction of a structure (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. 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 structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure. A walled and roofed building, including a liquid or gas storage tank that is principally above ground, as well as a manufactured home.

Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial damage also means flood related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damages occurred.

Substantial improvement. Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of structure before the start of construction of the improvement. This term includes structures which have incurred repetitive loss or substantial damage, regardless of the actual amount of repair work performed. The market value of the building should be either:

(1)

The appraised value of the structure prior to the start of the initial repair, or improvement; or

(2)

In the case of damage, the value of the structure prior to the damage occurring.

For the purpose of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not include either:

(1)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living conditions; or

(2)

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

Substantially improved existing manufactured home parks or subdivisions. When the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads of parks or subdivisions equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

Variance. A grant of relief from the requirements of this ordinance which permits construction in a manner otherwise prohibited by this ordinance.

Violation. The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in the Code of Federal Regulations (CFR) §44, Sec. 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) and corresponding parts of this ordinance is presumed to be in violation until such time as that documentation is provided.

(Ord. No. 98-189, § 1(62.2), 4-7-1998; Ord. No. 18-716, §§ 3, 4, 10-25-2018)

The provisions of this section shall apply to all areas in the flood hazard district.

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

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

62.3.3. All new construction and substantial improvements to existing structures shall be constructed by methods and practices that minimize flood damage.

62.3.4. All new and replacement water supply systems shall be constructed to minimize or eliminate infiltration of floodwaters into the system.

62.3.5. New and replacement sanitary sewer systems shall be constructed to minimize or eliminate infiltration of floodwaters into the systems and exfiltration from the systems into floodwaters.

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

62.3.7. Any alteration, repair, reconstruction, or improvement to a structure on which the start of construction was begun after the effective date of this article shall meet the requirements of new construction as contained in this article.

62.3.8. Electrical, heating, ventilation, plumbing, and 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.

62.3.9. Manufactured homes shall be anchored to prevent flotation, collapse, or 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 and consistent with applicable state requirements for resisting wind forces.

62.3.10. Any alteration, repair, reconstruction or improvement to a structure that is not compliant with the provisions of this ordinance shall be undertaken only if the nonconformity is not furthered, extended or replaced.

(Ord. No. 98-189, § 1(62.3), 4-7-1998)

The floodway district and floodway fringe district are those land areas as specified on the FIRM maps identified in section 62.1 hereof. Any interpretation necessary shall be made by the City Engineer of the City of Huntsville, Alabama.

(Ord. No. 98-189, § 1(62.4), 4-7-1998)

To enable the district to operate in harmony with the Zoning Ordinance of the City of Huntsville, Alabama, the flood hazard district is created as a special district to be superimposed on other existing zoning districts contained in the Zoning Ordinance of the City of Huntsville, Alabama. Except where in conflict with the specific requirements of the flood hazard district, permitted uses, accessory uses, signs, minimum lot requirements, minimum yard requirements, maximum height, and requirements for off-street parking and loading shall be determined by the requirements of the basic district regulations contained elsewhere in this ordinance.

(Ord. No. 98-189, § 1(62.5), 4-7-1998)

62.6.1. Structures of any type that would obstruct or impede the flow of floodwater or cause any increase in the base flood level are hereby specifically prohibited.

62.6.2. Fill of any type in the floodway including dumping or temporary storage or stockpiling of any material.

62.6.3. Substantial improvement to an existing structure within the floodway district.

62.6.4. Manufactured homes (mobile homes) except on existing improved lots in existing manufactured home (mobile home) parks or subdivisions licensed as of the effective date of this article, and then only if such mobile homes are anchored to resist flotation, collapse, or lateral movement by use of over-the-top or frame ties to ground anchors and if the elevation standards as provided for in section 62.7.1 are met. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the elevation standards as set forth in section 62.7.1 are met and provided the replacement is anchored to resist flotation, collapse, or lateral movement by use of over-the-top or frame ties to ground anchors. These standards shall be in addition to and consistent with applicable state requirements for resisting wind forces.

(Ord. No. 98-189, § 1(62.6), 4-7-1998)

In all areas of the floodway fringe district designated as zone AE or AH, the following provisions are required:

62.7.1. Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement and garage, elevated to at least one foot above the base flood elevation. When solid foundation perimeter walls are used to elevate a structure, openings sufficient to facilitate the unimpeded movement of floodwater shall be provided in accordance with the standards of section 62.7.3 and must be certified as such to the manager of inspection by a registered engineer or architect.

62.7.2. Nonresidential construction. New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement and garage, elevated to at least one foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed to one foot above the base flood elevation so that the structure 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. A registered engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above and shall provide such certification to the manager of inspection that the standards of this subsection and section 62.13.6 are satisfied.

62.7.3. Elevated buildings. New construction of or substantial improvements to elevated buildings that include any fully enclosed area located below the lowest floor formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls.

(1)

Designs for complying with this requirement must either be certified by a registered 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 subject to flooding;

(b)

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

(c)

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

(2)

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 (stairways or elevator); and

(3)

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

62.7.4. For new manufactured home parks and subdivisions for expansions to existing manufactured home parks and subdivisions; for existing manufactured home parks and subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50 percent of value of the streets, utilities and pads before the repair, reconstruction, or improvement commenced; for a manufactured home placed on a site in an existing manufactured home park or subdivision where a manufactured home has incurred substantial damage as a result of a flood; and for manufactured homes not placed in a manufactured park or subdivision, but which are permitted by the board of zoning adjustment, the following are required:

(1)

Stands or lots elevated on compacted fill so that the lowest floor of the manufactured home will be one foot above the base flood elevation.

(2)

Manufactured homes placed or substantially improved in an existing manufactured home park or subdivision may be elevated so that either:

(a)

The lowest floor of the manufactured home is elevated no lower than one foot above the level of the base flood elevation; or

(b)

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

(3)

Each stand or lot shall have proper surface drainage and shall be accessible to the manufactured home and prime mover or hauler.

(4)

All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

62.7.5. All recreational vehicles placed on sites must either:

(1)

Be on the site for fewer than 180 consecutive days, be fully licensed and ready for highway use, be on its wheels or jacking system, be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached structures or additions; or

(2)

Meet all the requirements for new construction including the anchoring and elevation requirements of section 62.7.4(1) and (4) above.

62.7.6. A registered land surveyor shall submit data to the manager of inspection certifying that the elevation of the lowest floor of a structure in a floodway fringe district is in compliance with this article. This certification shall be submitted prior to the floor being placed.

(Ord. No. 98-189, § 1(62.7), 4-7-1998)

62.8.1. It shall be unlawful for any person, firm or corporation to carry out any mining, filling, grading, paving, excavation, or drilling operations in areas designated as floodway district or floodway fringe district without having first obtained a permit for such activity from the city engineer. The city engineer shall maintain the official file copy of the flood insurance rate maps (FIRM) in his office and shall review applications for permits for any mining, filling, grading, paving, excavation, or drilling operations. Any person, firm or corporation failing to comply with the provisions of this section of this ordinance shall be guilty of a misdemeanor and upon conviction shall be fined according to section 91.6, penalties.

Where any violation is discovered, the city engineer shall direct the responsible person, firm, or corporation to restore the land to its prior state before said violation or require the responsible party to immediately obtain an approved floodplain development permit from the city engineer. The city engineer shall take whatever steps necessary to enforce this section of this ordinance.

62.8.2. No building, grading, or floodplain development permit will be issued where any part of the property lies within the flood hazard district until plans for such improvements have been reviewed and approved by the city engineer.

62.8.3. Floodplain development permit. Prior to any development activity, application for a floodplain development permit shall be made to the city engineer on forms furnished by the inspection and engineering divisions of the City of Huntsville.

62.8.4. For all new construction and substantial improvements, the permit holder shall provide to the city engineer an as-built certification of the regulatory floor elevation or floodproofing level using FEMA certificates immediately after the lowest floor or floodproofing is completed.

(Ord. No. 98-189, § 1(62.8), 4-7-1998)

Located within the flood hazard district established in section 62.1 are areas designated as shallow flooding areas. 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. The following provisions apply in these areas:

62.9.1. All new construction of and substantial improvements to residential structures shall have the lowest floor, including basement and garage, elevated to the flood depth number (in feet) specified on the flood insurance rate map above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement and garage, shall be elevated at least three feet above the highest adjacent grade. Openings sufficient to facilitate the unimpeded movements of floodwaters shall he provided in accordance with the standards of section 62.7.3 (elevated buildings).

62.9.2. All new construction of and substantial improvements to nonresidential structures shall comply with the following:

(1)

The lowest floor, including basement and garage, shall be elevated to the depth number (in feet) specified on the flood insurance rate map above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement and garage, shall be elevated at least three feet above the highest adjacent grade. Openings sufficient to facilitate the unimpeded movements of floodwater shall be provided in accordance with the standards identified in section 62.7.3 (elevated buildings); and

(2)

The manager of inspection shall obtain a copy of the FEMA elevation certificate completed by a registered land surveyor verifying the actual elevations in relation to mean sea level (or highest adjacent grade) of the regulatory floor elevation including basement and garage; and

(3)

New construction of or the substantial improvement to a nonresidential structure may be floodproofed in lieu of elevating. The structure, together with attendant utility and sanitary facilities, shall be completely floodproofed to or above that level determined in subsection (1) above 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; and

(4)

A registered engineer or architect shall complete and submit to the manager of inspection a copy of the FEMA floodproofing certificate, and a registered land surveyor shall verify the actual elevations in relation to mean sea level (or highest adjacent grade) of the level in which floodproofing has been accomplished. The engineer or architect also shall certify to the manager of inspection that the design and methods of construction are in accordance with accepted standards of practice and with the provisions of this article; and

(5)

Drainage paths shall be provided, and shown on the permit drawings, to direct floodwaters around and away from any proposed structures.

(Ord. No. 98-189, § 1(62.9), 4-7-1998)

Within the flood hazard district where streams exist but no base flood data have been provided or where base flood data have been provided but a floodway has not been delineated, the following provisions shall apply:

62.10.1. The following provisions shall apply when streams exist but where base flood data and floodway data are not available:

(1)

A registered engineer shall submit sufficient engineering data to the city engineer showing base flood discharges, base flood elevations, and floodway data along the stream channel. The city engineer shall request as much information as deemed necessary to determine and set base flood elevations, floodway widths and regulatory minimum finish floor elevations along the stream channel.

(2)

Minimum finished floor requirements. New construction of or substantial improvements to structures shall be elevated or floodproofed to meet the requirements of section 62.7 based on the established regulatory flood elevations set by the city engineer as determined in section 62.10.1(1) above.

(3)

Floodway district. Section 62.6 shall apply to the established floodway set by the city engineer as described in section 62.10.1(1).

62.10.2. When sufficient engineering data is currently available to the city engineer to establish regulatory flood elevations and floodway data along the stream channel, the following provisions shall apply:

(1)

The city engineer shall provide the required minimum finished floor elevations and/or the location and width of the floodway district from information and data from his records and files.

(2)

Minimum finished floor requirements. New construction of or substantial improvements to existing structures shall be elevated or floodproofed to meet the requirements of section 62.7 based on the established regulatory flood elevations set by the city engineer as determined in section 62.10.2(1).

(3)

Floodway district. Section 62.6 shall apply to the established floodway set by the city engineer as described in section 62.10.2(1).

62.10.3. When base flood elevation data or floodway data have not been provided in accordance with section 62.1, 62.10.1, or 62.10.2, then the city engineer shall obtain, review and reasonably utilize any scientific or historic base flood elevation and floodway data available (including eyewitness accounts of flood elevations along a waterway) from federal, state or other sources in order to administer the provisions of this ordinance. Only if data are not available from these sources, then the following provisions shall apply:

(1)

No encroachments, including structures or fill material, shall be located within an area equal to the top width of the stream or 25 feet, whichever is greater, measured from top of stream bank, unless certification by a registered engineer is provided demonstrating that such encroachment shall not result in an increase in the flood levels during the occurrence of the base flood discharge.

(2)

In special flood hazard areas without base flood elevation data, new construction of and substantial improvements to existing structures shall have the lowest floor of the lowest enclosed area, including basement and garage, elevated to no less than three feet above the highest adjacent grade at the building site. Openings sufficient to facilitate the unimpeded movement of floodwaters shall be provided in accordance with section 62.7.3 (elevated buildings).

(Ord. No. 98-189, § 1(62.10), 4-7-1998)

62.11.1. All subdivision proposals shall be consistent with the need to minimize flood damage.

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

62.11.3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.

62.11.4. Base flood elevation data shall be provided for subdivision proposals and other proposed developments to include manufactured home parks and subdivisions. The subdivision final plat shall prescribe the minimum building floor elevations for structures located within any floodway fringe district.

62.11.5. The boundaries of floodway and floodway fringe districts shall be shown and identified on all subdivision plans for land lying partially or wholly within the flood hazard district.

(Ord. No. 98-189, § 1(62.11), 4-7-1998)

Cross reference— Subdivision regulations, app. B.

62.12.1. The city engineer shall review petitions for variances and report his findings to the board of zoning adjustment.

62.12.2. Variances shall not be granted within any designated floodway district if any increase in flood levels during the base flood discharge would result or if hazardous streamflow velocities would result, except under the conditions enumerated in section 62.12.3.

62.12.3. Conditions for variances. Variances shall only be issued:

(1)

Upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. The provisions of this article are minimum standards for flood loss reduction; therefore, any deviation from the standards must be weighed carefully.

(2)

Upon a showing of good and sufficient cause.

(3)

Upon a determination that failure to grant the variance would result in unnecessary hardship unique and different from that shared or suffered by adjacent and similar property also in the designated floodway.

(4)

Upon a determination based on hydrologic and hydraulic analyses performed by a registered engineer that the granting of a variance will not result in increased flood levels, floodway widths or hazardous streamflow velocities during a base flood discharge. Neither will the variance create additional threats to public safety, extraordinary public expense or nuisances, cause fraud or victimization of the public, nor conflict with existing local laws or ordinances with respect to the use to which the property is to be put.

(5)

For any building or structure in existence prior to the effective date of this article that is hereafter destroyed or substantially damaged to 50 percent or more of its replacement cost at the time of destruction by any means if the reconstruction does not exceed the volume and external dimensions of the original structure and does not offer any greater obstruction to the flow of floodwater than did the original structure.

(6)

For the repair, rehabilitation or restoration of historic structures upon a determination that the proposed repair, rehabilitation, or restoration will not result in the structure losing its historical designation and the variance is the minimum to preserve the historic character and design of the structure.

(7)

For new construction on an isolated lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level in residential subdivisions recorded prior to the effective date of this ordinance.

(8)

For the conduct of a functionally dependent use, provided the criteria of this article are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood.

62.12.4. Standards for evaluating variance applications by the board of adjustment. In passing upon such applications, the board of adjustment 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 floodwaters 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.

62.12.5. Upon consideration of the factors listed above and the purposes of this ordinance, the board of zoning adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.

62.12.6. 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.

62.12.7. The zoning administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

(Ord. No. 98-189, § 1(62.12), 4-7-1998; Ord. No. 07-460, § 3, 6-28-2007)

Duties of the city engineer shall include, but shall not be limited to, the following:

62.13.1. Review all floodplain development plans and permit applications to ensure that the requirements of this article have been satisfied on the plans and permit application form;

62.13.2. Review floodplain development to ensure that construction is being accomplished in conformance with the permit requirements and the requirements of this article;

62.13.3. Review proposed development within the flood hazard district to ensure that all necessary permits have been received from government agencies for which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1344. Require that copies of such permits be provided and maintained on file with the floodplain development permit;

62.13.4. Obtain a copy of the FEMA flood elevation certificate in order to verify and record the actual elevation in relation to mean sea level (or highest adjacent grade) of the regulatory floor level, including basement and garage, of all new construction or substantially improved structures in accordance with section 62.8.4;

62.13.5. Obtain a copy of the FEMA floodproofing certificate in order to verify and record the actual elevation in relation to mean sea level to which any new or substantially improved structures have been floodproofed in accordance with sections 62.8.4 and 62.9.2;

62.13.6. When floodproofing is utilized for a structure, the city engineer and manager of inspection shall obtain certification of the design criteria from a registered engineer or architect in accordance with sections 62.7.2 and 62.9.2;

62.13.7. Notify adjacent communities and the Alabama 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 and the Alabama Emergency Management Agency (AEMA);

62.13.8. For any altered or relocated watercourse, submit engineering data/analysis within six months to FEMA and AEMA to ensure accuracy of community flood maps through the letter of map revision process. Ensure that the flood-carrying capacity of any altered or relocated watercourse is maintained;

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

62.13.10. Where interpretation is needed as to the exact location of the 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 engineer shall make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article;

62.13.11. When base flood elevation data or floodway data have not been provided in accordance with section 62.1, then the city engineer 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 section 62.10;

62.13.12. All permits and records specified in sections 62.8 and 62.13 shall be maintained in the office of the city engineer and shall be open for public inspection.

(Ord. No. 98-189, § 1(62.13), 4-7-1998)

62.14.1. Obtain certification from a registered engineer or architect in accordance with section 62.7.2 or 62.9.2 when floodproofing is utilized for a particular structure.

62.14.2. Maintain building permits pertaining to the provisions of this article in the office of the manager of inspection.

62.14.3. Require a registered land surveyor to verify the actual elevation (in relation to mean sea level) of the lowest floor, including basement and garage, of all new or substantially improved structures and to complete and furnish a copy of the FEMA elevation certificate.

62.14.4. Require a registered land surveyor to verify the actual elevation (in relation to mean sea level) to which new or substantially improved structures have been floodproofed and to complete and furnish a copy of the FEMA floodproofing certificate.

(Ord. No. 98-189, § 1(62.14), 4-7-1998; Ord. No. 07-460, § 3, 6-28-2007)

62.15.1. Submit reports to the Federal Insurance Administration regarding the Federal Flood Insurance Program as requested.

62.15.2. The zoning administrator shall review all development plans and permit applications to determine if the development lies within a designated floodway or floodway fringe district and assure that any development within a designated floodway or floodway fringe district meets all requirements of this Appendix. If the zoning administrator cannot make a determination of the floodway and floodway fringe districts, then the city engineer will make the determination.

62.15.3. The zoning administrator shall inform any person wishing to develop within a flood hazard district about the district regulations and permit application forms, and provide a copy of the regulations and other pertinent information that may assist the developer.

(Ord. No. 98-189, § 1(62.15), 4-7-1998; Ord. No. 07-460, § 3, 6-28-2007)

The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This article does not imply that land outside 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 Huntsville, Alabama, or by any officer or employee thereof, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.

(Ord. No. 98-189, § 1(62.16), 4-7-1998)