It is the purpose of the floodplain protection zoning overlay 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.

Minimize and control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;

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 floodwaters, or which may increase flood hazards to other lands.

(Ord. No. O-19-57, § 3, 7-8-19)

The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Articles 7, 9, 11, and 13 of Chapter 160D of the North Carolina General Statutes, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.

(Ord. No. O-19-57, § 3, 7-8-19; Ord. No. O-2021-43, § 8, 6-14-21)

A.

Findings of fact.

1.

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

2.

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, flood proofed, or otherwise unprotected from flood damages.

3.

The areas of special flood hazard also include those defined through standard engineering analysis for private developments or by governmental agencies, but which have not yet been incorporated in the "Flood Insurance Study for the County of Nash." This includes detailed flood information generated as required by this chapter.

B.

Objectives.

1.

To protect human life, safety, and health;

2.

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

3.

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

4.

To minimize prolonged business losses and interruptions;

5.

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in floodplains;

6.

To minimize damage to private and public property due to flooding;

7.

To make flood insurance available to the community through the National Flood Insurance Program;

8.

To maintain the natural and beneficial functions of floodplains;

9.

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

10.

To promote the notification that property is in a flood area to potential homebuyers.

(Ord. No. O-19-57, § 3, 7-8-19)

A.

There is hereby established a floodplain protection zoning overlay district (floodplain protection overlay) superimposed on the other zoning districts of the city, including the extra-territorial zoning jurisdiction of the city. The boundaries of the floodplain protection overlay which coincide with National Flood Insurance Program Special Flood Hazard Areas, which include all land located within the floodway and 100-year floodplain as defined by FEMA per the flood insurance rate map for the city dated June 18, 2013 (the "FIRMs of June 18, 2013"). The special flood hazard areas are those identified under the cooperating technical state (CTS) agreement between the State of North Carolina and FEMA in its flood insurance study (FIS) dated June 18, 2013 for Nash County and associated DFIRM panels, including any digital data developed as part of the FIS, which are adopted by reference and declared a part of this chapter. Future revisions of the FIS and DFIRM panels that do not change flood hazard data within the jurisdictional authority within the City of Rocky Mount are also adopted by reference and made a part of this chapter.

B.

The portion of the floodway and 100-year floodplain delineated on the FIRMs of June 18, 2013 and the preliminary FIS is hereby designated as the city's regulatory floodplain.

C.

All existing regulations of the underlying districts remain in effect.

D.

Where a conflict occurs between regulations of the underlying zoning district and the floodplain protection zoning overlay, the zoning overlay shall apply.

E.

The floodplain protection zoning overlay is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.

(Ord. No. O-19-57, § 3, 7-8-19)

A.

Floodplain development permit. A floodplain development permit shall be required in conformance with the provisions of the floodplain protection zoning overlay prior to the commencement of any land disturbance activity or any development activities within special flood hazard areas determined in accord with review of section 909.D.

Agricultural activities, passive recreation and open space preservation that do not require the construction of a structure or building do not require the issuance of a floodplain development permit. The movement of soil, fill, removal of soil, and other changes in topography that may affect the floodplain do require the issuance of a floodplain development permit. A fifty-foot wide vegetative buffer should be maintained along all streams and soil compaction should be minimized.

B.

Compliance. No land disturbance activity or new construction, storage of equipment or materials, alteration or expansion of an existing structure or building shall occur without full compliance with the requirements of the floodplain protection zoning overlay. The standards and requirements of the floodplain protection zoning overlay and the individual subdistricts apply only to the portion of a parcel that is located within the boundaries of the zoning overlay and the boundaries of individual subdistricts.

C.

Interpretation. In the interpretation and application of the floodplain protection zoning overlay all provisions shall be:

1.

Considered as minimum requirements;

2.

Liberally construed in favor of the city council; and

3.

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

The director shall interpret the floodplain protection zoning overlay. Appeals of the staff's interpretation shall be made to the planning board.

D.

Warning and disclaimer of liability. The degree of flood protection required by the floodplain protection zoning overlay is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur. Actual flood heights may be increased by man-made or natural causes. The floodplain protection zoning overlay 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. The floodplain protection zoning overlay 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 the floodplain protection zoning overlay or any administrative decision lawfully made hereunder. If any section, clause, sentence or phrase of the ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this chapter.

E.

Effect upon outstanding building and/or floodplain development permits. Nothing herein contained shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which a building and/or floodplain development permit has been granted by the inspection services administrator or his/her authorized agents before the effective date of this floodplain protection zoning overlay ordinance if the "start of construction" date is within one-hundred eighty (180) days of the date the permit was issued.

(Ord. No. O-19-57, § 3, 7-8-19)

A.

City. Within the zoning jurisdiction of the city, the floodplain protection zoning overlay is hereby comprised of the following subdistricts, as described below. Revisions to the boundaries of the floodway or non-encroachment area, 100-year floodplain and the 500-year floodplain that occur following the effective date of the floodplain protection zoning overlay shall require adjustment of the subdistrict boundaries to ensure consistency.

1.

Subdistrict floodway. Subdistrict floodway or non-encroachment area includes all land located within the floodway as defined by FEMA and per the FIRMs of June 18, 2013, or as revised.

2.

Subdistrict AE—100-year floodplain. Subdistrict AE includes all land located within the 100-year floodplain as defined by FEMA and per the FIRMs of June 18, 2013, or as revised.

3.

Subdistrict X—500-year and all other watercourses. Subdistrict X includes the 500-year floodplain and all land located within fifty (50) feet of the centerline of all other watercourses or five (5) times the width of the channel measured from the channel centerline, whichever is greater, that lack base flood elevations and/or mapped floodways, whether such watercourses are perennial streams or intermittent streams.

B.

Annexations and extraterritorial jurisdiction. In addition, upon annexation to the city, or inclusion in the extraterritorial jurisdiction, the floodway, 100-year floodplain and 500-year floodplain identified by the Federal Emergency Management Agency in its flood hazard boundary map or flood insurance study and flood insurance rate map(s) for Unincorporated Edgecombe or Nash Counties, with accompanying maps and other supporting data, are adopted by reference and declared to be a part of the floodplain protection zoning overlay and the subdistrict boundaries noted above.

(Ord. No. O-19-57, § 3, 7-8-19)

All development shall be in compliance with the following applicable regulations.

A.

Permitted uses. The permitted uses of the underlying zoning district are hereby permitted, provided:

1.

Such uses are not expressly prohibited in the floodplain protection zoning overlay per subsection 907.C, prohibited uses; and

2.

Such uses can meet the standards and requirements of the floodplain protection zoning overlay and are issued a floodplain development permit as required herein prior to issuance of a building permit.

B.

Special uses. The special uses of the underlying zoning district are hereby permitted, provided:

1.

Such uses are not expressly prohibited in the floodplain protection zoning overlay per subsection 907.C, prohibited uses; and

2.

Such uses can meet the standards and requirements of the zoning overlay and are issued a floodplain development permit as required herein prior to issuance of a building permit.

3.

Such uses are allowed pursuant to the city's land development code.

C.

Prohibited uses. Uses not expressly permitted in the underlying zoning districts or which are not allowed as a special use, are hereby prohibited in subdistrict floodway or non-encroachment areas of the floodplain protection zoning overlay:

1.

Grading, the placement of fill, the removal of fill, dredging and other modifications to topography of the subdistrict.

2.

Residential uses.

3.

Commercial, office, industrial, and related uses.

4.

Quarries, borrow pits, and sand and gravel extraction.

5.

Critical facilities.

6.

Outdoor storage.

7.

Accessory uses and structures, except that the following uses are permitted in compliance with all other applicable regulations including but not limited to a no-rise certification:

a.

Boat docks, boat ramps, decks, piers, bridges, trail or hard surface stability features and similar structures (excluding parking lots) that do not have any sides with less than seventy-five (75) percent open side areas(s). There shall be no building (sided structures with or without a roof) incorporated in this allowable structure.

b.

Fences (wooden or wire only) that have not more than twenty-five (25) percent of the fence side consisting of a solid plane (flat surface).

c.

Removal of fill, grading, extraction and other modifications to a pre-existing encroachment may be permitted if the proposed encroachment has demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood. Such certification and technical data shall be presented to the floodplain administrator prior to issuance of floodplain development permit.

8.

Temporary uses and structures. No use in subdistrict floodway or non-encroachment area shall increase the base flood level, as shown on the FIRMs of June 18, 2013, by more than one (1) foot. An elevation certificate (FEMA Form 81-65) shall be required for any development in subdistrict A. In addition, no encroachment which causes any increase in the base flood elevation is permitted in subdistrict floodway or non-encroachment area.

D.

Subdistrict AE—100-year floodplain. Uses not expressly prohibited in the underlying zoning districts are hereby permitted in subdistrict AE of the floodplain protection zoning overlay on condition that the use and/or structure comply with the terms of this land development code relating to floodplain development permits and freeboard.

E.

Subdistrict X—All other watercourses. This land development code is not intended to regulate development in subdistrict X.

(Ord. No. O-19-57, § 3, 7-8-19)

The following development standards shall apply to all uses and structures permitted in subdistrict AE of the floodplain protection zoning overlay.

A.

General standards. The following general standards shall apply to development permitted outside of the floodway in subdistrict AE of the floodplain protection zoning overlay.

1.

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

2.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage in accordance with the latest edition of the FEMA Flood Damage-Resistant Materials Requirements.

3.

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

4.

All new electrical, heating, ventilation, plumbing, air conditioning equipment, and other service equipment shall be located at or above the regulatory flood protection elevation or designed and installed to prevent water from entering or accumulating within the components during the occurrence of the base flood. These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, hot water heaters, and electric outlets/switches.

a.

Replacements part of a substantial improvement, electrical, heating, ventilation, plumbing, air conditioning equipment, and other service equipment shall also meet the above provisions.

b.

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

5.

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

6.

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

7.

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

8.

Nothing in this chapter shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of the ordinance from which this chapter derived and located totally or partially within the floodway, non-encroachment area, or stream setback, provided there is no additional encroachment below the regulatory flood protection elevation in the floodway, non-encroachment area, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other requirements of this chapter.

9.

New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted, except by variance as specified in section 909.E.10. A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a special flood hazard area only if the structure or tank is either elevated or floodproofed to at least the regulatory flood protection elevation and certified in accordance with the provisions of section 905.B.3.

10.

All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage.

11.

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

12.

All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure to flood hazards.

13.

All subdivision proposals and other development proposals shall have received all necessary permits from those governmental 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 U.S.C. 1334.

14.

When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for new construction and substantial improvements.

15.

When a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and the highest BFE shall apply.

16.

No new development is allowed in the buffer except for water development structures and public projects such as road crossings and greenways where no practical alternative exists. These activities should minimize built-upon surface area, direct runoff away from the surface waters, and maximize utilization of stormwater best management practices, including preserving natural vegetation.

17.

Roads. All new roads shall be constructed such that the lowest road crown elevation is no more than one (1) foot below the 100-year base flood elevation.

B.

Specific standards. The following provisions are required:

1.

Accessory uses and structures. Accessory uses and structures (sheds, detached garages, etc.) that are proposed to be placed in subdistrict AE of the floodplain protection zoning overlay require the issuance of a floodplain development permit. Accessory uses and structures that are four hundred (400) square feet in area or less must meet the following criteria. Accessory uses and structures that are larger than four hundred (400) square feet in area must meet all requirements of the floodplain protection zoning overlay.

a.

Accessory structures shall not be used for human habitation (including work, sleeping, living, cooking or restroom areas);

b.

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

c.

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

d.

Accessory structures shall be firmly anchored in accordance with the standards of the floodplain protection zoning overlay;

e.

Service facilities such as electrical and heating equipment shall meet the standards of the floodplain protection zoning overlay; and

f.

Openings to relieve hydrostatic pressure during a flood shall be provided below base flood elevation in conformance with the standards of the floodplain protection zoning overlay and as approved by the city's director of public works.

g.

An accessory structure with a footprint less than one hundred forty-four (144) square feet and satisfies the criteria outlines above is not required to meet the elevation or floodproofing standards of section 908.B.3. Elevation or floodproofing certifications are required for all other accessory structures.

2.

Critical facilities. Where approved in the floodplain protection zoning overlay, critical facilities shall be constructed on properly compacted fill and have the lowest floor (including basement) elevated at least one (1) foot above the elevation of the 500-year flood. A critical facility shall have at least one (1) access road connected to land outside the 500-year floodplain (subdistrict X) that is capable of supporting a four thousand (4,000) pound vehicle. The top of the road must be no lower than six (6) inches below the elevation of the 500-year flood.

3.

Non-residential construction.

a.

Freeboard. New construction or substantial improvement of any commercial, industrial, or non-residential structure shall have the lowest finished floor, including basement, elevated no lower than one (1) foot above the base flood elevation on the FIRMS of June 18, 2013. Provided, however, when repair, reconstruction, rehabilitation, or remodeling within an existing structure is proposed, a property owner or authorized agent may make such repair, reconstruction, remodeling, or rehabilitation with the lowest finished floor elevation at or above the base flood elevation on the FIRMs of June 18, 2013, subject to the following conditions:

1)

Existing finished floor elevation is at or above base flood elevation;

2)

Proposed finished floor elevation is at or above the existing floor elevation; and

3)

All construction occurs within the existing building and foundation (no expansion or addition).

b.

Measuring lowest finished floor. For the purposes of the floodplain protection zoning overlay, the lowest floor shall be measured from the top of the finished floor as defined herein.

c.

Flood proofing. Structures may be flood proofed to the flood protection level in lieu of elevation provided that all areas of the structure below the required elevation plus one (1) foot above the required elevation on the FIRMS of June 18, 2013, are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.

d.

Certification. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. A completed elevation certificate (FEMA Form 81-31 as amended) shall be provided to the administrator prior to the issuance of a certificate of occupancy by the city (see subsection 909.F.3).

4.

Residential construction.

a.

Freeboard. New construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest finished floor, including basement, elevated no lower than one (1) foot above the base flood elevation on the FIRMS of June 18, 2013. Provided, however, when repair, reconstruction, rehabilitation, or remodeling within an existing structure is proposed, a property owner or authorized agent may make such repair, reconstruction, remodeling, or rehabilitation with the lowest finished floor elevation at or above the base flood elevation on the FIRMs of June 18, 2013, subject to the following conditions:

1)

Existing finished floor elevation is at or above base flood elevation;

2)

Proposed finished floor elevation is at or above the existing floor elevation; and

3)

All construction occurs within the existing building and foundation (no expansion or addition).

b.

Measuring lowest finished floor. For the purposes of the floodplain protection zoning overlay, the lowest floor shall be measured from the top of the finished floor as defined herein.

c.

Solid foundations. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movement of floodwaters shall be provided.

d.

Anchoring manufactured homes. Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement, in accordance with the State of North Carolina Regulations for Manufactured/Mobile Homes, 1995 Edition, and any revision thereto adopted by the commissioner of insurance pursuant to G.S. § 143-143.15. Additionally, when the elevation would be met by an elevation of the chassis thirty-six (36) inches or less above the grade at the site, the chassis shall be supported by reinforced piers or other foundation elements of at least equivalent strength. When the elevation of the chassis is above thirty-six (36) inches in height an engineering certification is required.

e.

Certification. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. A completed elevation certificate (FEMA Form 81-31 as amended) shall be provided to the administrator prior to the issuance of a certificate of occupancy by the city. (See section 909.F.3).

5.

Elevated buildings. New construction or substantial improvements of elevated buildings that include fully enclosed areas that are usable solely for the parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to both preclude finished living space and to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.

a.

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

1)

Provide a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding;

2)

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

3)

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

b.

Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator).

c.

The interior portion of such enclosed area shall not be partitioned or finished into separate rooms, except to enclose storage areas.

d.

The owner shall sign a statement agreeing not to convert the lower enclosed area to a use that is subject to water damage.

6.

Fill and mitigation.

a.

Fill is not permitted in subdistrict floodway or non-encroachment area.

b.

It is the policy of the city to limit the amount of fill placed in subdistrict AE to maximize floodwater carrying capacity. However, in recognizing the necessity to provide flexibility the following standards are adopted. The city's director of public works shall approve all plans for fill and mitigation.

c.

The applicant for a floodplain development permit and/or special use permit may propose one (1) of the following options relative to placement of fill and mitigation. Fill mitigation, where required, shall be calculated up to the base flood elevation of the subject site.

1)

Option 1. No mitigation shall be required if the standard for the appropriate category is met. For category 1, the city's director of public works may permit additional fill not to exceed twenty (20) percent of the amount allowed to provide for supporting structures (such as driveways and sidewalks), but not accessory uses and structures.

Table 9-1: Fill Mitigation

2)

Option 2. For parcels where the proposed fill exceeds the limit for the appropriate category under Option 1, but is less than fifty thousand (50,000) cubic yards, the applicant/owner may pursue the following compensatory options:

a)

A payment may be made to the city that can be used in a stormwater mitigation project. For category 1 through 4, the city's director of public works shall approve the proposal under this option. For category 5 and 6, the planning board shall approve the proposal to pay a fee. The fee shall be established by city council and shall be paid to the city within thirty (30) days of the approval of a floodplain development permit. The fee shall be placed in a special fund and used by the city to construct equivalent compensatory storage on a parcel owned by the city within the same sub watershed/sub basin.

b)

Provide compensatory storage equal to the volume of fill in excess of the exemptions listed in paragraph (6)c.(1) of this chapter subject to the following conditions:

i.

The compensatory storage location is subject to approval by the city's director of public works and must be located within or connected to the same FEMA regulated floodplain boundary.

ii.

The fill offset may not be in a location subject to federal, state or local regulatory limitations on fill.

iii.

The amount of fill offset by conservation of unexcavated existing floodplain shall be considered equal to the amount of fill allowed under paragraph (6)c.(1) of this chapter, eight hundred (800) cubic yards per acre. The city's director of public works may approve higher volumes provided the applicant/owner submits a topographic survey and supporting calculations certified by a surveyor or engineer registered in the State of North Carolina.

iv.

A conservation easement dedicated to the city shall be placed on the compensatory storage facility to prevent development of the site or removal of the storage facility in perpetuity.

c.

Alternative fill mitigation measures may be approved by the city's director of public works provided the applicant/owner submits a floodplain analysis of the effective floodplain model prepared by a professional engineer, registered in the State of North Carolina, which demonstrates the proposed fill and alternative fill mitigation, if required, will not increase flood elevations in the model. The city's director of public works shall approve the analysis and may at his option, require an independent third-party review of the analysis prior to approval of the development plan. Furthermore, the city's director of public works shall require certification from the engineer that all fill and associated mitigation measures are installed in conformance with the approved plan prior to final approval of the completed improvements.

3)

Option 3. For projects with proposed fill in the floodplain in excess of fifty thousand (50,000) cubic yards, the applicant/owner is required to submit a floodplain analysis of the effective floodplain model prepared by a professional engineer, registered in the State of North Carolina, which demonstrates the proposed fill and recommended fill mitigation, if required, will not increase flood elevations in the model. The city's director of public works shall approve the analysis and may, at his option, require an independent third-party review of the analysis prior to approval of the development plan. Furthermore, city's the director of public works shall require certification from the engineer that all fill and associated mitigation measures are installed in conformance with the approved plan prior to final approval of the completed improvements.

7.

Manufactured home parks. The following standards shall apply to manufactured home parks:

a.

Manufactured homes that are placed or substantially improved on sites:

1)

Outside of the manufactured home park or subdivision;

2)

In a new manufactured home park or subdivision;

3)

In an expansion to an existing manufactured home park or subdivision; or

4)

In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home and its equipment are elevated in accordance with the regulatory flood protection elevation and is securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.

b.

Within existing manufactured home parks, individual homes may be replaced subject to compliance with the requirements set forth in the chapter listed below:

Chapter 6—The replacement unit is of similar size, located on an approved space within the park;

Chapter 7—The location of the replacement unit meets requirements for building separation;

Chapter 8—Vehicle parking; and

Chapter 9—The replacement unit is elevated as required by the standards contained in this floodplain protection zoning overlay.

c.

Manufactured homes that are placed or substantially improved on sites:

1)

Outside of the manufactured home park or subdivision;

2)

In a new manufactured home park or subdivision;

3)

In an expansion to an existing manufactured home park or subdivision; or

4)

In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated a minimum of one (1) foot above the base flood elevation on the FIRMs of June 18, 2013, or one (1) foot above the preliminary FIS, whichever is greater, and is securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.

d.

Manufactured homes that are not subject to section 908.7.C above shall be elevated so that either:

1)

The lowest floor of the manufactured home is a minimum of one (1) foot above the FIRMS of June 18, 2013; or

2)

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and are securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.

8.

Outdoor storage. The following standards shall apply to outdoor storage:

a.

Outdoor storage is prohibited in subdistrict floodway or non-encroachment areas.

b.

Outdoor storage is a special use in the portion of subdistrict AE. As a special use, outdoor storage must meet one (1) of the following standards:

1)

The location of the outdoor storage shall be above the base flood elevation on the FIRMs of June 18, 2013 plus two (2) feet; or

2)

The applicant shall demonstrate appropriate measures that will secure such outdoor storage from leaving the site due to storm flow in the event of a flood or storm event, to the satisfaction of the city's director of development services or planning board, as required.

3)

New solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted in the special flood hazard areas, except by variance as specified in subsection 909.E.1.c. A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment facility or wastewater treatment facility may be located in a special flood hazard area only if the structure or tank is either elevated or floodproofed to at least the regulatory flood protection elevation plus two (2) feet and certified according to subsection 908.B.3.d.

9.

Recreational vehicles.

a.

Temporary placement. Recreational vehicles placed temporarily in flood hazard areas shall:

1)

Be on site for fewer than one hundred eighty (180) consecutive days; or

2)

Be fully licensed and ready for highway use (a recreational vehicle 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 has no permanent attachments such as additions, rooms stairs, decks, and porches).

b.

Permanent placement. Recreational vehicles that do not meet the limitations of temporary placement shall meet all the requirements for new construction.

10.

Subdivisions and major developments.

a.

Proposals for subdivisions and major developments shall be consistent with the need to minimize flood damage.

b.

Proposals for subdivisions and major developments shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

c.

Proposals for subdivisions and major developments shall have adequate drainage provided to reduce exposure to flood hazards.

d.

Base flood elevation data shall be provided for all subdivision proposals and other proposed development.

e.

Preliminary and final plats shall continue to indicate subdistrict boundaries.

f.

The design of subdivisions and major developments that are partially impacted by the floodplain protection zoning overlay and individual subdistricts shall ensure that components and phases of such developments are integrated and interconnected to the extent feasible. Master planning of such sites shall take these considerations into account.

11.

Temporary uses and structures. Prior to the issuance of a floodplain development permit for a temporary use and/or structure the following requirements must be met:

a.

All applicants must submit to the city prior to the issuance of the floodplain development permit a plan for the removal of such structure(s) in the event of a hurricane or flash flood warning notification. The plan must include the following information:

1)

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

2)

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

3)

The time frame prior to the event at which a structure will be removed;

4)

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

5)

Designation, accompanied by documentation, of a location outside the floodplain to which the temporary structure will be moved.

6)

The above information shall be submitted with the application for a floodplain development permit.

12.

Additions/improvements.

a.

Additions and/or improvements to pre-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are:

1)

Not a substantial improvement, the addition and/or improvements must be designed to minimize flood damages and must not be any more non-conforming than the existing structure.

2)

A substantial improvement, with modifications/rehabilitations/improvements to the existing structure or the common wall is structurally modified more than installing a doorway, both the existing structure and the addition must comply with the standards for new construction.

b.

Additions to pre-FIRM or post-FIRM structures that are a substantial improvement with no modifications/rehabilitations/improvements to the existing structure other than a standard door in the common wall, shall require only the addition to comply with the standards for new construction.

c.

Additions and/or improvements to post-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are:

1)

Not a substantial improvement, the addition and/or improvements only must comply with the standards for new construction consistent with the code and requirements for the original structure.

2)

A substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.

d.

Any combination of repair, reconstruction, rehabilitation, addition or improvement of a building or structure taking place during a ten-year period, the cumulative cost of which equals or exceeds fifty (50) percent of the market value of the structure before the improvement or repair is started must comply with the standards for new construction. For each building or structure, the ten-year period begins on the date of the first improvement or repair of that building or structure subsequent to the effective date of the ordinance from which this chapter is derived. Substantial damage also means flood related damage sustained by a structure on two (2) 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 twenty-five (25) percent of the market value of the structure before the damage occurred. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The requirement does not, however, include either:

1)

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

2)

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

13.

Tanks. When gas and liquid storage tanks are to be placed within a special flood hazard area, the following criteria shall be met:

a.

Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty;

b.

Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be elevated to or above the regulatory flood protection elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area;

c.

Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of section B(2) of this section shall be permitted in flood hazard areas provided the tanks are designed, constructed, installed, and anchored to resist all flood-related and other loads, including the effects of buoyancy, during conditions of the design flood and without release of contents in the floodwaters or infiltration by floodwaters into the tanks. Tanks shall be designed, constructed, installed, and anchored to resist the potential buoyant and other flood forces acting on an empty tank during design flood conditions.

d.

Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:

1)

At or above the regulatory flood protection elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and

2)

Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.

(Ord. No. O-19-57, § 3, 7-8-19)

A.

NFIP administrator.

1.

The city's director of the department of development services, or his/her designee, hereinafter referred to as the "floodplain administrator", is hereby appointed to administer and implement the provisions of this chapter. In instances where the floodplain administrator receives assistance from others to complete tasks to administer and implement this chapter, the floodplain administrator shall be responsible for the coordination and city's overall compliance with the National Flood Insurance Program and the provisions of this chapter.

2.

The duties shall include:

a.

Review and approve Class 1 floodplain development permits to assure that the requirements of the floodplain protection zoning overlay have been satisfied;

b.

Issue Class 2 floodplain development permits approved by the planning board. In issuing such permits, the floodplain administrator shall certify that all conditions required by the board have been met by the applicant prior to issuing the permit;

c.

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

d.

Notify adjacent communities and the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management, state coordinator for the National Flood Insurance Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal emergency management agency;

e.

Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is maintained;

f.

Prevent encroachments into floodways and non-encroachment areas unless the certification and flood hazard reduction provisions of the floodplain protection zoning overlay are met;

g.

Obtain the actual elevation in relation to mean sea level of the lowest finished floor including basement and all attendant utilities of all new or substantially improved structures;

h.

Obtain the actual elevation in relation to NAVD 1988 to which all new or substantially improved structures and utilities have been flood proofed;

i.

When flood proofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect;

j.

Where interpretation is needed as to the exact location of boundaries of the areas of the 100-year floodplain, 500-year floodplain, and/or a zoning overlay subdistrict make the necessary interpretation. Any person contesting the location of the boundary shall have a right of appeal to planning board within thirty (30) days of receipt of the written interpretation;

k.

When base flood elevation data or floodway data has not been provided per the National Flood Insurance Program, obtain, review, and reasonably utilize any base flood elevation data and floodway data or non-encroachment area data available from a federal, state, or other source, including data developed pursuant to the floodplain protection zoning overlay, in order to administer the provisions of the zoning overlay;

l.

When the exact location of boundaries of the 100-year floodplain (special flood hazard area), 500-year floodplain, and/or a zoning overlay subdistrict conflict with the current, natural topography information at the site the property owner may apply and be approved for a letter of map amendment (LOMA) by FEMA. A copy of the letter of map amendment issued from FEMA will be maintained by the administrator in the permit file;

m.

Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the floodplain administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and the terms of the permit. In exercising this power, the floodplain administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action;

n.

Serve notices of zoning violations, revoke floodplain development permits and take corrective actions;

o.

Maintain all records pertaining to the administration of the floodplain protection zoning overlay and make these records available for public inspection; and

p.

Monitor development activity, including the placement or removal of fill, in the floodplain protection zoning overlay through on-site inspections on a regular and ongoing basis. Identify illegal activity and issue stop work orders.

q.

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

r.

Revoke floodplain development permits as required. The floodplain administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for refusal or failure to comply with the requirements of state or local laws; or for false statements or misrepresentations made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable state or local law may also be revoked;

s.

Make periodic inspections throughout the special flood hazard areas within the jurisdiction of the community. The floodplain administrator and each member of his or her inspections department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action;

t.

Follow through with corrective procedures of this chapter;

u.

Review, provide input, and make recommendations for variance requests;

v.

Maintain a current map repository to include, but not limited to, historical and effective FIS report, historical and effective FIRM and other official flood maps and studies adopted in accordance with the provisions of this chapter, including any revisions thereto including letters of map change, issued by FEMA. Notify State and FEMA of mapping needs;

w.

Coordinate revisions to FIS reports and FIRMS, including letters of map revision based on fill (LOMR-Fs) and letters of map revision (LOMRs).

B.

Inspections service administrator.

1.

In administering the building code, the inspections service administrator and/or the administrator's representatives shall assist the floodplain administrator as directed in administering the requirements of the floodplain protection zoning overlay.

2.

In particular, the approval of a building permit shall be in full conformance with an approved floodplain development permit.

3.

The inspections services administrator can issue a stop work order for construction activity that is in violation of an approved floodplain development permit.

C.

Zoning inspector.

1.

In administering the land development code, the zoning inspector shall assist the floodplain administrator as directed in administering the requirements of the floodplain protection zoning overlay.

2.

In particular, the approval of a zoning certificate shall be in full conformance with an approved floodplain development permit.

D.

Floodplain development permit.

1.

Standards.

a.

Floodplain development permit. A floodplain development permit shall be required before any land disturbance activity, storage of equipment, materials, new construction, or substantial improvement, alteration or expansion of an existing structure or building may take place in the floodplain protection zoning overlay.

b.

Expiration of permit. The approved floodplain development permit shall expire if a minimum of fifty (50) percent of the work approved has not been completed within twenty-four (24) months of issuance of the permit. If in that period there has been no significant change to the project and no significant changes to the floodplain protection zoning overlay, then the floodplain administrator may continue the floodplain development permit for another twenty-four (24) months.

c.

Class 1 and Class 2 permits. The process for issuing a floodplain development permit is administrative. There are two (2) permit types based on the nature of the proposed development.

a)

Class 1 permit. The Class 1 permit shall be reviewed and approved by the floodplain administrator.

b)

Class 2 permit. The Class 2 permit shall be reviewed and approved by the planning board, with a recommendation by the floodplain administrator.

d.

The following table indicates the development activity that requires the appropriate permit. Any use not explicitly noted shall require a minor permit, unless in the opinion of the floodplain administrator the development is of sufficient size and magnitude that a major permit is appropriate.

Table 9-2: Floodplain Development Permits

Notes:

1 Special uses shall govern over all other uses relative to permit process.

2 "Removal of fill" includes all quarries, borrow pits, and sand and gravel extraction.

_____

2.

Floodplain development permit—Class 1.

a.

Application. The applicant shall submit a complete application to the floodplain administrator. Incomplete applications will not be considered.

b.

Site plan. The application shall include a site plan drawn to scale (one (1) inch equals one hundred (100) feet) that indicates existing and proposed topography (two (2) foot contours), elevations, the floodplain protection zoning overlay boundaries, structures (existing and proposed), utilities, grading/pavement areas, fill materials, storage areas, drainage facilities, easements, other site improvements and special flood hazard area boundaries. The site plan shall be prepared by a registered surveyor or civil engineer. The floodplain administrator will verify the location of the proposed development relative to the regulatory floodplains.

c.

Process. Once a complete application has been accepted by the floodplain administrator, it will be considered. The floodplain administrator will have no less than ten (10) working days and no more than twenty (20) working days to review the application and provide a written decision to the applicant. Notification to adjacent property owners by the city shall occur by certified letter once the application has been certified as complete.

Applicants are encouraged to meet with the floodplain administrator and/or his/her representative to review the application prior to submittal. The floodplain administrator shall apply the criteria indicated below in considering the application. In rendering the decision, the floodplain administrator shall address each of these criteria. A written report shall be prepared. Appropriate conditions may be placed on the applicant by the floodplain administrator.

d.

Basis for decision. In considering applications for floodplain development permits, all technical evaluations, relevant factors, and standards specified in other sections of the floodplain protection zoning overlay shall be considered. A report shall be prepared indicating how the intent and objectives of the floodplain protection zoning overlay are fully met by the proposal and indicating that all applicable standards and requirements are met, or adjustments are recommended to the proposal to ensure all standards and requirements are met. The following criteria shall be considered, and conditions may be placed on the applicant to ensure that they are addressed sufficiently to ensure the public health, safety and general welfare are protected to the degree possible.

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 to the facility of a waterfront location, where applicable;

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;

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.

e.

Appeal. The decision of the floodplain administrator may be appealed to the planning board within thirty (30) days of receipt of the written decision.

3.

Floodplain development permit—Class 2.

a.

Application. The applicant shall submit a complete application to the floodplain administrator. Incomplete applications will not be scheduled for consideration by the planning board. Once a complete submittal is certified, the floodplain administrator will schedule the application before the planning board. A submittal schedule will be established by the planning board each year.

b.

Site plan. The application shall include a site plan drawn to scale (one (1) inch equals one hundred (100) feet) that indicates existing and proposed topography (two (2) foot contour), elevations, the floodplain protection zoning overlay boundaries, structures (existing and proposed), utilities, grading/pavment areas, fill materials, storage areas, drainage facilities, easements, other site improvements, and special flood hazard area boundaries. The site plan shall be prepared by a registered surveyor or civil engineer. The floodplain administrator will verify the location of the proposed development relative to the regulatory floodplains.

c.

Process. Once a complete application has been accepted by the floodplain administrator, it will be placed on the agenda of the planning board. Notification to adjacent property owners by the city shall occur by certified letter once the application has been certified as complete. The floodplain administrator will have no less than ten (10) working days and no more than twenty (20) working days to review the application and provide a written recommendation with the application to the planning board. Applicants are encouraged to meet with the floodplain administrator and/or his/her representative to review the application prior to submittal.

d.

Basis for decision. In considering applications for floodplain development permits, all technical evaluations, relevant factors, and standards specified in other sections of the floodplain protection zoning overlay shall be considered. A report shall be prepared indicating how the intent and objectives of the floodplain protection zoning overlay are fully met by the proposal and indicating that all applicable standards and requirements are met, or adjustments are recommended to the proposal to ensure all standards and requirements are met. The following criteria shall be considered, and conditions may be placed on the applicant to ensure that they are addressed sufficiently to ensure the public health, safety and general welfare are protected to the degree possible.

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 to the facility of a waterfront location, where applicable;

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;

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.

e.

Appeal. The decision of the planning board shall be subject to review by the city council. Any petition for review shall be filed with the city clerk within thirty (30) days after service of the written decision on the aggrieved party.

4.

Additional submittal information.

a.

Elevation. Where base flood elevation data is available, the application shall indicate the elevation of the lower floor (including basement) of all new and improved structures. If a non-residential structure is to be flood-proofed, the application shall indicate the elevation to which the structure will be flood proofed.

b.

Watercourse alterations. Where any watercourse will be altered or relocated as a result of proposed development, the application shall include: A description of the extent of watercourse alteration or relocation; an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map showing the location of the proposed watercourse alteration or relocation. Where applicable, evidence of U.S. Corps of Engineers approval shall be submitted with the application.

5.

Determinations for existing buildings and structures. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the floodplain administrator, in coordination with the building official, shall:

a.

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

b.

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

c.

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

d.

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

E.

Variance procedures.

1.

The board of adjustment as established by the City of Rocky Mount, hereinafter referred to as the "appeal board", shall hear and decide requests for variances from the requirements of this chapter.

2.

Any person aggrieved by the decision of the appeal board may appeal such decision to the court, as provided in Chapter 7A of the North Carolina General Statutes.

3.

Variances may be issued for:

a.

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

b.

Water dependent facilities if determined to meet the definition as stated in Chapter 1 of the land development code, provided provisions of section 909, sections E(9)(b), (c), and (e) have been satisfied, and such facilities are protected by methods that minimize flood damages during the base flood and create no additional threats to public safety; or

c.

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

4.

In passing upon variances, the appeal board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and:

a.

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

b.

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

c.

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

d.

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

e.

The necessity to the facility of a waterfront location as defined in Chapter 1 of the land development code of this chapter as a functionally dependent facility, where applicable;

f.

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

g.

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

h.

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

i.

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

j.

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

k.

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.

5.

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

6.

Upon consideration of the factors listed above and the purposes of this chapter, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes and objectives of this chapter.

7.

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the BFE and the elevation to which the structure is to be built and that such construction below the BFE increases risks to life and property, and that the issuance of a variance to construct a structure below the BFE may result in increased premium rates for flood insurance. Such notification shall be maintained with a record of all variance actions, including justification for their issuance.

8.

The floodplain administrator shall maintain the records of all appeal actions and report any variances to the FEMA and the State of North Carolina upon request.

9.

Conditions for variances:

a.

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

b.

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

c.

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

d.

Variances shall only be issued prior to development permit approval.

e.

Variances shall only be issued upon:

(i)

A showing of good and sufficient cause;

(ii)

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

(iii)

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

10.

A variance may be issued for solid waste disposal facilities or sites, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in special flood hazard areas provided that all of the following conditions are met.

a.

The use serves a critical need in the community.

b.

No feasible location exists for the use outside the special flood hazard area.

c.

The reference level of any structure is elevated or floodproofed to at least the regulatory flood protection elevation.

d.

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

e.

The city has notified the Secretary of the North Carolina Department of Public Safety of its intention to grant a variance at least thirty (30) calendar days prior to granting the variance.

F.

Zoning certificates, building permits and FEMA certificates:

1.

Zoning certificate.

a.

The application of a zoning certificate shall be fully consistent with the approval of a floodplain development permit, including fulfilling all conditions of the permit approval.

b.

The approval of a zoning certificate by the city shall only occur if the zoning certificate is in full conformance with an approved floodplain development permit. In the case of a conflict, the requirements of the floodplain protection zoning overlay and the approved floodplain development permit shall take precedence.

2.

Building permit.

a.

The application for a building permit shall be fully consistent with the approval of a floodplain development permit, including fulfilling all conditions of the permit approval.

b.

The approval of a building permit by the city shall be in full conformance with an approved floodplain development permit.

3.

FEMA certificates.

a.

An elevation certificate (FEMA Form 81-31) or a flood proofing certificate (FEMA Form 81-65) is required. It shall be the duty of the permit holder to submit to the city a certification of the elevation of the lowest floor or flood proofed elevation whichever is applicable, and HVAC equipment, as built in relation to mean sea level. The elevation certificate shall be based upon a survey prepared by a professional surveyor.

b.

The flood proofing certificate shall be prepared by a registered professional engineer or architect and shall indicate that the non-residential flood proofed structure meets the flood proofing criteria of the floodplain protection zoning overlay and FEMA.

c.

These certificates shall be filed with and approved by the city prior to the issuance of a certificate of occupancy by the city.

G.

Penalties.

1.

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 Class 1 misdemeanor pursuant to G.S. § 143-215.58. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than one hundred dollars ($100.00) or imprisoned for not more than thirty (30) days, or both. Each day such violation continues shall be considered a separate offense.

2.

Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

H.

Nonconformities. Nonconforming buildings or uses may not be enlarged, replaced, or rebuilt unless such enlargement or reconstruction is accomplished in conformance with the provisions of the floodplain protection zoning overlay.

(Ord. No. O-19-57, § 3, 7-8-19)