St Charles Parish City Zoning Code

SECTION XX

- Flood damage prevention.

Statutory Authorization, Findings of Fact, Purpose, and Methods.

Statutory Authorization. The Legislature of the State of Louisiana has in LRS 38:84 delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses.

Findings of Fact.

The flood hazard areas of St. Charles Parish are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety, and general welfare.

These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood-proofed or otherwise protected from flood damage.

Statement of Purpose. It is the purpose of this Ordinance 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:

Protect human life and health;

Minimize expenditure of public money for costly flood control projects;

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

Minimize prolonged business interruptions;

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

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 future flood blight areas;

Ensure that potential buyers are notified that property is in a flood hazard area; and

Ensure that those who occupy the areas of special flood hazard assume responsibility for their affected actions.

Methods of Reducing Flood Losses. In order to accomplish its purposes, this Ordinance uses the following methods:

Restrict or prohibit uses that are dangerous to health, safety, or property in times of flood, or cause excessive increases in flood heights or velocities;

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

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters;

Control filling, grading, dredging, and other development which may increase flood damage;

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

Definitions. Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted to give them the meaning they have in common usage and to give this Ordinance its most reasonable application.

Alluvial Fan Flooding—Flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport and deposition, and unpredictable flow paths.

Apex—A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

Appeal—A request for a review of an interpretation by the Department of Planning and Zoning of any provision of this Ordinance, or a request for a variance.

Area of Shallow Flooding—A designated AO, AH, or VO zone on the Flood Insurance Rate Map (FIRM) with a one (1) percent or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of Special Flood Hazard—The land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO, A1—99, VO, V1—30, VE, or V.

Base Flood—Flood having a one (1) percent chance of being equaled or exceeded in any given year. Also, a monument established by a recognized geodetic agency whose elevation is

precisely determined; part of a network of such monuments. (Ord. No. 90-3-18, 3-19-90)

Editor's note—The second sentence of this definition formerly served as the definition of "bench marks."

Base Flood Elevation—The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A1—A30, AR, V1—V30, or VE that indicates the water surface elevation resulting from the flood that has a 1% change of equaling or exceeding that level in any given year - also called the Base Flood. (Ord. No. 25-4-5, § I, 4-21-25)

Basement—Any area of a building having its floor subgrade (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 caused by high tides or wave action, without causing damage to the elevated portion of the building or supporting foundation system.

Coastal High-Hazard Area—An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources.

Critical Feature—An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.

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

Elevated Building—A nonbasement building (i) built, in the case of a building in Zones A1—30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones V1—30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1—30, AE, A, A99, AO, AH, B, C, X, and D, "elevated buildings" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1—30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of section 60.3(e)(5) of the National Flood Insurance Program.

Existing Construction—For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of FIRM or before January 1, 1975, for FIRM's 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 minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

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 (i) the overflow of inland or tidal waters and/or (ii) the unusual and rapid accumulation or runoff of surface waters from any source.

Flood Insurance Rate Map (FIRM)—An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Flood Insurance Study—The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary Floodway Map.

Floodplain or Flood-prone Area—Any land area susceptible to being inundated by water from any source (see definition of "flooding").

Floodplain Management—The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.

Floodplain Management Regulations—Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance, and erosion control ordinance), and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Flood Proofing—Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Flood Protection System—Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees, or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

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 a designated height.

Functionally Dependent Use—A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Habitable Floor—Any floor usable for working, sleeping, eating, cooking, or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor."

Highest Adjacent Grade—The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. (Ord. no. 83-2-12, § III, 2-21-83)

Historic Structure—Any structure that is:

(a)

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

(b)

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

(c)

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

(d)

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

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

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

Levee—A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

Levee System—A flood protection system which consists of a levee, or levees, and associated structures such as closure or drainage devices, which are constructed and operated in accordance with sound engineering practices.

Lowest Floor—The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of section 60.3 of the National Flood Insurance Program regulations.

Manufactured Home—A structure transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include "recreational vehicles."

Manufactured Home Park or Subdivision—A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

Mean Sea Level—For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

New Construction—For purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

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

NGS—National Geodetic Survey, a Federal agency that has established and maintains a network of bench mark monuments. (Ord. No. 90-3-18, 3-19-90)

Primary Frontal Dune—A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope.

Recreational Vehicle—A vehicle which is (i) built on a single chassis; (ii) four hundred (400) square feet or less when measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light-duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Sand Dunes—Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

Start of Construction—(For other than new construction or substantial improvements under the Coastal Barrier Resources Act-Pub. L. 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start of construction means either the first placement permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the 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 filing; nor does it include the installation of streets and/or walkways; nor does it include excavation for 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 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, a manufactured home, or a gas or liquid storage tank, that is principally above ground.

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 fifty (50) percent of the market value of the structure before the damage occurred.

Substantial Improvement—Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before "start of construction" of the improvement. This includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (i) 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 a local code enforcement official and which are the minimum necessary conditions, or (ii) any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure."

Variance—A grant of relief to a person from the requirements of this Ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this Ordinance.

Violation—Means 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 section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) [subsection D] is presumed to be in violation until such time as that documentation is provided.

Water Surface Elevation—The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (Ord. No. 25-4-5, § I, 4-21-25)

General Provisions:

Lands to Which This Ordinance Applies. This Ordinance shall apply to all areas within the jurisdiction of the St. Charles Parish Council.

Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for the Parish of St. Charles," stamped preliminary June 27, 1991, with accompanying Flood Insurance Rate Maps is hereby adopted by reference and declared to be a part of this section. The Flood Insurance Study is on file at the St. Charles Parish Courthouse, River Road, Hahnville, Louisiana. In addition, for the purpose of determining minimum building elevations, the Preliminary Digital Flood Insurance Rates Maps (DFIRM) referred to in "The Flood Insurance Study for the Parish of St. Charles," stamped Revised Preliminary November 9, 2012, shall take precedent over the effective FIRMS where they are more restrictive. (Ord. No. 83-2-12, § III, 2-21-83; Ord. No. 92-4-23, § I, 4-20-92; Ord. No. 06-10-13, § I, 10-16-06; Ord. No. 13-7-7, § I, 7-1-13)

Establishment of Development Permit. A development permit shall be required to ensure conformance with the provisions of this Ordinance. The said development permit is entitled Certificate of Zoning Compliance.

Compliance/Penalties for Noncompliance. No structure or land shall hereafter be constructed, located, extended, altered, converted, or have its use changed without full compliance with the terms of this Ordinance and other applicable regulations. Violation of provisions of this Ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this Ordinance or fails to comply with any of its requirements shall upon conviction be fined not less than twenty dollars ($20.00) and not more than one hundred dollars ($100.00) or imprisoned for not more than ninety (90) days, or both, for each violation and for each and every day that such violation continues, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Parish of St. Charles from taking such other lawful action as is necessary to prevent or remedy any violation.

Abrogation and Greater Restrictions. This Ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance and any other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

Interpretation. In the interpretation and application of this Ordinance, all provisions shall be:

Considered as minimum requirements;

Liberally construed in favor of the governing body; and

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

Warning and Disclaimer of Liability. The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur, and flood heights may be increased by man-made or natural causes. This Ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Ordinance shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision made lawfully thereunder.

Administration:

Certificate of Zoning Compliance. A Certificate of Zoning Compliance shall be obtained before construction or development begins within any area of special flood hazard established in section C.2. Application for a Certificate of Zoning Compliance shall be made on forms furnished by the St. Charles Parish Department of Planning and Zoning and may include but not be limited to plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, placement of manufactured homes, fill, storage of materials, drainage facilities; and the location of the foregoing in relation to areas of special flood hazard.

Specifically, the following information is required:

Elevation in relation to mean sea level of the lowest floor (including basement) of all new and substantially improved structures;

Elevation in relation to mean sea level to which any structure has been floodproofed;

Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in this Ordinance;

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and additionally,

That any surveyor providing elevations or plats of survey which include elevations prepare those elevations or surveys by beginning at bench marks whose elevations are recognized by the Federal Emergency Management Agency (FEMA) or which are included in the National Geodetic Survey (NGS) system. Plats of survey or elevations shall have inscribed upon their margins a certification of the surveyor identifying the bench mark from which the survey originated and that bench mark is recognized by FEMA or is within the NGS system. (Ord. No. 90-3-18, 3-19-90)

Approval Process. The approval or denial of any application for a Certificate of Zoning Compliance shall be based on all of the provisions of this Ordinance and the following relevant factors:

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

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

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

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

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

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

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;

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

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

The relationship of the proposed use to the comprehensive plan of the area.

Designation of the Floodplain Administrator. The Director of the Department of Planning and Zoning of St. Charles Parish is hereby appointed to administer and implement the provisions of this Ordinance and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management.

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

Maintain and hold open for public inspection all records pertaining to the provisions of this Ordinance.

Review Certificate of Zoning Compliance applications (compliance applications) to determine whether the proposed building site, including placement sites for manufactured homes, will be reasonably safe from flooding. Review plans for walls to be used to enclose space below base flood level in accordance with provisions of this Ordinance.

Review, approve, or deny all compliance applications required by adoption of this Ordinance.

Review compliance applications for proposed development to assure that all necessary permits have been obtained from those Federal, State, or local governmental agencies (including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.

Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation. The person contesting such a boundary decision shall be given a reasonable opportunity to appeal the decision as provided in section D.5.a.2.

Notify adjacent communities and the State Flood Insurance Agency prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

Require that maintenance be provided within the altered or relocated portion of such watercourses so that the flood-carrying capacity is not diminished.

When base flood elevation data has not been provided in accordance with section C.2., the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation data and floodway data available from Federal, State, and other sources, as criteria for requiring that new construction, substantial improvements, or other development meets the provisions of this Ordinance.

When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements or other development (including fill) shall be permitted within Zones A1—30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community.

Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1—30, AE, and AH on the community's FIRM which increases the water surface elevation of the base flood by more than one (1) foot, provided that the community first applies for a conditional FIRM revision through FEMA.

Review all compliance applications in coastal high-hazard areas or the area of special flood hazard to determine if the proposed development alters any natural features thereby increasing the potential for flood damage, as determined by the St. Charles Parish Coastal Zone Management Committee.

Variance Procedures:

Appeal Board:

The Zoning Board of Adjustments, as established by St. Charles Parish, shall hear and decide appeals and requests for variances from the requirements of this Ordinance.

The Zoning Board of Adjustments shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Director of Planning and Zoning in the enforcement or administration of this Ordinance.

Those aggrieved by the decision of the Zoning Board of Adjustments, or any taxpayer, may appeal such decision to the 29th Judicial Court.

In formulating decisions on such applications, the Zoning Board of Adjustments shall consider all technical evaluations, all relevant factors, and all standards contained in this Ordinance, including the list of parameters cited in section D.2. Upon consideration of the stated criteria, the Zoning Board of Adjustments may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Ordinance.

The Director of Planning and Zoning shall maintain the records of all appeal actions, including technical information, shall file with the St. Charles Parish Clerk of Court record of buildings permitted pursuant to variances issued by the Board, and shall report variances to the Federal Emergency Management Agency upon request. (Ord. No. 21-8-10, § III, 8-9-21)

Conditions for Variances.

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in section D.2. of this Ordinance have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variances increases.

Variances may be issued for reconstruction, rehabilitation, or restoration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Ordinance.

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

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

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

Variances shall only be issued upon, (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria outlined in section D.5. are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

Provisions for Flood Hazard Reduction:

General Standards: In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements.

All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Manufactured homes shall also meet these standards by following the guidelines set forth in the Federal (FEMA) publication, Manufactured Home Installation in Flood Hazard Areas;

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

All new construction or substantial improvements shall be constructed with materials resistant to flood damage;

All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

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

All new and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. No. 25-4-6, § I, 4-21-25)

Specific Standards: In all areas designated as "X" Zones on the Federal Insurance Rate Map (FIRM) for St. Charles Parish, all buildings or structures shall be elevated so that the lowest portion of the structural members of the lowest floor are located at least twelve (12) inches above the center line of the nearest street right-of-way. In all areas of special flood hazard where base flood elevations have been provided as set forth in section C.2. or in section D.4.h., the following standards are required: (Ord. No. 03-6-6, § I, 6-2-03; Ord. No. 13-7-7, § II, 7-1-13)

Residential construction: New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation, plus any additional elevation required by the Louisiana State Uniform Construction Code. Accessory buildings, having less than six hundred one (601) square feet of floor area, may be constructed below the base flood elevation in A-zones but must be unfinished on the interior, constructed with flood-resistant materials below the base flood elevation, used only for storage, and anchored to resist flotation, collapse and lateral movement. (Ord. No. 25-6-1, § I, 6-2-25)

Nonresidential construction: New construction and substantial improvements of any commercial, industrial, or other nonresidential structure shall either have the lowest floor elevated to the level of the base flood elevation, or, together with attendant utility and sanitary facilities, shall:

Be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; and

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

A registered professional engineer or architect shall develop and/or review the structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Director of Planning and Zoning.

Enclosures: New construction and substantial improvements, with fully enclosed areas below the lowest floor that are useable 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 automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

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 shall be provided.

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

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

Manufactured homes:

Manufactured homes shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist 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.

Manufactured homes that are placed or substantially improved within FIRM zones A1—30, AH, and AE on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, must be elevated on a permanent foundation such that the bottom of the longitudinal structural I-beams of the manufactured home is elevated to or above the base flood elevation. (Ord. No. 19-11-4, § I, 11-4-19)

Manufactured homes that are placed or substantially improved on sites in an existing manufactured home park or subdivision within FIRM zones A1—30, AH, and AE, and are not subject to the provisions of the previous subsection (2.d.2.), must be elevated so that either:

The lowest floor of the manufactured home is at or above the base flood elevation; or

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

Manufactured homes shall be placed on sites possessing adequate surface drainage and sufficient access for such heavy equipment required for the delivery and placement of manufactured homes. Additionally, for those manufactured homes which shall be supported by pilings:

Parcels shall be of sufficient size to permit the construction of a safe stairway system accessing the home;

Piling foundations shall be placed in stable soil with a minimum spacing between such pilings of ten (10) feet; and

Sufficient reinforcement shall be provided for pilings which extend more than six (6) feet above the ground level of the site.

Recreational vehicles: Recreational vehicles placed on sites with FIRM zones A1—30, AH, and AE must either (i) be on the site fewer than one hundred eighty (180) consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet the permit requirements for manufactured homes as specified in the previous section (2.d.) of this Ordinance. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

Standards for Subdivision Proposals:

All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with sections A.2., A.3., and A.4. of this Ordinance, and shall conform to all provisions of the St. Charles Parish, Code of Ordinances, Appendix C (St. Charles Parish Subdivision Regulations of 1981) (Ordinance 81-8-2).

All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet development permit requirements of sections C.3., D.1., and E. of this Ordinance.

Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than fifty (50) lots or five (5) acres, whichever is lesser, if not earlier specified by provision of this Ordinance.

All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.

All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage.

Standards for Areas of Shallow Flooding (AO/AH Zones):Located within the areas of special flood hazard established in section C.2. of this Ordinance are locations designated as areas of shallow flooding. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where (i) a clearly defined channel does not exist, (ii) the path of flooding is unpredictable, and (iii) velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:

All new construction and substantial improvements of residential structures have the lowest floor (including the basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the parish FIRM (at least two (2) feet if no depth number is specified).

All new construction and substantial improvements of nonresidential structures:(i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the parish FIRM (at least two (2) feet if no depth number is specified); or (ii) together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially im-permeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.

Coastal High-Hazard Area: Coastal high-hazard areas (V zones) are located within areas of special flood hazard established under provisions contained in section C.2. of this Ordinance. These areas have special flood hazards associated with high-velocity waters from tidal surges and hurricane wave wash; therefore, in addition to meeting all provisions outlined in this Ordinance, the following provisions must also apply:

Records: The Department of Planning and Zoning shall record the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures, and whether or not such structures contain a basement.

Location of structure:

All buildings and structures shall be located landward of the reach of mean high tide.

The placement of manufactured homes shall be prohibited, except in an existing manufactured home park or existing manufactured home subdivision.

Recreational vehicles placed on sites within FIRM zones V1—30, V, and VE must be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

Construction methods:

Elevation: All buildings and structures shall be elevated on pilings and columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level.

Construction:

All buildings or structures shall be securely anchored on pilings or columns. The pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water-loading values used shall be those associated with the base flood.

The use of fill for the elevation and/or structural support of buildings or structures is prohibited in coastal high-hazard areas.

All new construction and substantial improvements shall have the space below the lowest habitable floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purposes of this section, a breakaway wall shall have a design safe loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls which exceed design safe loading resistance of twenty (20) pounds per square foot (either by design or when so required by local or State codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions:

Breakaway wall collapse shall result from a water load less than that which would occur during the base flood.

The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Water-loading values used shall be those associated with the base flood. Wind-loading values used shall have a one (1) percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval).

If breakaway walls are utilized, such spaces shall not be used for human habitation.

Prior to construction, construction plans for any structure that will have breakaway walls must be submitted to the Parish Engineer for approval.

Certification: A registered professional engineer or architect shall develop or review the structural design, specifications and plans for construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this Ordinance.

(Ord. No. 83-2-12, § III, 2-21-83; Ord. No. 86-12-8, 12-15-86; Ord. No. 93-2-13, 2-15-93; Ord. No. 98-1-2, 1-5-98)

Cross reference— Drainage and flood control, Ch. 7.