This article shall be known as the Floodplain Management Regulations of the City of Wilmington, North Carolina, and may be referred to as the Flood Damage Prevention Ordinance.

(Ord. No. O-2018-46, § 1, 7-17-18)

The purpose of this article is to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions within flood prone areas by provisions designed to:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

The flood prone areas within the jurisdiction of City of Wilmington are subject to periodic inundation that may 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 may adversely affect the public health, safety, and general welfare. 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 prone areas of uses vulnerable to floods or other hazards.

The objectives of this article are to: protect human life, safety, 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 losses and interruptions; minimize damage to public facilities and utilities (i.e., water and gas mains, electric, telephone, cable and sewer lines, streets, and bridges) that are located in flood prone areas; minimize damage to private and public property due to flooding; make flood insurance available to the community through the National Flood Insurance Program; maintain the natural and beneficial functions of the floodplain; help maintain a stable tax base by providing for the sound use and development of flood prone areas; and ensure that potential buyers are aware that property is in a special flood hazard area.

(Ord. No. O-2006-26, § 1(a), 3-7-06; Ord. No. O-2018-46, § 2, 7-17-18)

This article shall apply to all areas of special flood hazard lying within the regulatory jurisdiction of the city.

No structure or land shall hereafter be located, extended, converted, altered, or developed in any way without full compliance with the terms of this ordinance and other applicable regulations.

(Ord. No. O-2018-46, § 3, 7-17-18)

The special flood hazard areas are those identified-under the cooperating technical state agreement between the State of North Carolina and FEMA in its flood insurance study dated August 28, 2018 for New Hanover County and its associated DFIRM panels, including any digital data developed as part of the flood insurance study, which are adopted by reference and declared to be a part of this ordinance. Future revisions to the flood insurance study and DFIRM panels that do not change flood hazard data within the jurisdictional authority of the City of Wilmington are also adopted by reference and declared a part of this ordinance. Subsequent letters of map revision (LOMRs) and/or physical map revisions shall be adopted within three (3) months.

(Ord. No. O-2006-26, § 1(b), 3-7-06; Ord. No. O-2008-25, 4-8-08; Ord. No. O-2018-46, § 4, 7-17-18)

(a)

Except as provided in subsection 18-661(b), no person may start any floodplain development activities within areas of special flood hazard without having first obtained a floodplain development permit from the floodplain administrator in accordance with this article. Approval for commencement of development will be given as follows:

(1)

Residential and nonresidential structures:

a.

The floodplain administrator shall approve or disapprove proposed development as to compliance with this article at the same time he approves the issuance of a building permit for any new construction, improvements, reconstruction or alterations for buildings, dwellings or structures.

b.

The floodplain administrator shall approve the issuance of a building permit if the plans for the development meet the following criteria:

i.

The proposed structure is within a flood prone area as designated by the herein referenced maps and complies with the standards of this article; or

ii.

The proposed structure is not within a flood prone area as designated by the herein referenced maps and is exempted from the standards of this article.

(2)

Development other than structures: The floodplain administrator shall certify all construction, improvements or reconstruction not otherwise authorized by the building permit, provided such development conforms with the requirements of this article.

(3)

Before giving clearance to any proposed artificial obstruction in areas of special flood hazard, the floodplain administrator shall also consider the dangers that may be created by:

a.

Water which may be backed up or diverted by such obstruction;

b.

The possibility that the obstruction will be swept downstream to the injury of others;

c.

The injury or damage at the site of the obstruction itself; and

d.

Potential adverse effects on existing and anticipated development.

(b)

Application for a floodplain development permit shall be made to the local floodplain administrator on forms furnished by him or her prior to any development activities. The floodplain development permit may include but not be limited to plans drawn to scale showing the nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas; and the location of fill materials, storage areas, drainage facilities, and other development. Specifically, the following information is required:

(1)

Where base flood elevation data is provided by FEMA, the application for a floodplain development permit within the special flood hazard areas designated on the flood insurance rate map shall show:

a.

The boundary of the special flood hazard area as delineated on the FIRM or other flood map as determined in Article 13, Division II, or a statement that the entire lot is within the special flood hazard area.

b.

Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map;

c.

The boundary of the floodway(s) or non-encroachment area(s);

d.

The base flood elevation (BFE);

e.

The old and new location of any watercourse that will be altered or relocated as a result of proposed development;

f.

The boundary and designation date of the Coastal Barrier Resources System (CBRS) area or Otherwise Protected Area (OPA), if applicable; and

g.

The certification of the plot plan by a registered land surveyor or professional engineer.

h.

The proposed elevation, and method thereof, of all development within a special flood hazard area including but not limited to:

i.

The elevation in relation to NAVD 1988 of the lowest floor, including the basement, of all new and substantially improved structures; and

ii.

If the structure has been flood-proofed in accordance with this article, the elevation in relation to NAVD 1988 to which the non-residential structure was flood-proofed; and the

iii.

Elevation in relation to NAVD 1988 to which any proposed utility systems will be elevated or floodproofed.

(2)

If floodproofing pursuant to section 18-660, a floodproofing certificate (FEMA Form 086-0-34) with supporting data, an operational plan, and an inspection maintenance plan that include, but are not limited to, installation, exercise, and maintenance of floodproofing measures. Prior to the issuance of a certificate of compliance/occupancy, the permit holder shall submit to the floodplain administrator a certification of the floodproofed design prepared by or under the direct supervision of a professional engineer or architect and certified by same. The floodplain administrator shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant. Failure to construct in accordance with the certified design shall be cause to deny a certificate of occupancy/compliance.

(3)

Where the base flood elevation data is not provided, the application for a floodplain development permit must show construction of the lowest floor at least two (2) feet above the highest adjacent grade.

(4)

A description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and engineering report on the effects of the proposed project on the flood carrying capacity of the watercourse and on properties located both upstream and downstream; and a map showing the location of the proposed watercourse alteration or relocation.

(5)

A certificate from a registered professional engineer or licensed architect that utilities have been or will be located, designed and constructed to eliminate flood damage. In the case of sanitary sewer systems and on-site waste disposal systems, this certificate shall provide that such systems have been or will be located, designed or constructed to eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.

(6)

A foundation plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this ordinance are met. The details include but are not limited to:

a.

The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on columns/posts/piers/piles/shear walls); and

b.

Openings to facilitate the automatic equalization of hydrostatic flood forces on walls when solid foundation perimeter walls are used in Zones A, AE, AH, AO, and A99.

c.

The following, in coastal high hazard areas, in accordance with the provisions of section 18-660:

i.

V-Zone Certification with accompanying plans and specifications verifying the engineered structure and any breakaway wall designs. In addition, prior to the certificate of compliance/occupancy issuance, a registered professional engineer or architect shall certify the finished construction is compliant with the design, specifications, and plans for VE zone construction.

ii.

Plans for open wood latticework or insect screening, if applicable; and

iii.

Plans for non-structural fill, if applicable. If nonstructural fill is proposed, it must be demonstrated through coastal engineering analysis that the proposed fill would not result in any increase in the BFE or otherwise cause adverse impacts by wave ramping and deflection on to the subject structure or adjacent properties.

(7)

Details on the proposed use of any enclosed areas below the finished floor.

(8)

Certification that all other local, state, and federal permits required prior to floodplain development permit issuance have been received.

(c)

After the lowest floor is completed, the holder of the floodplain development permit must obtain a floor elevation or flood-proofing certificate prepared by a registered professional engineer or licensed architect. The certification shall show the elevation of the lowest floor or flood-proofed elevation in relation to the regulatory flood protection elevation. Such certification shall be submitted to the floodplain administrator within twenty-one (21) calendar days after the lowest floor elevation is established or the structure is flood-proofed, whichever is applicable. The floodplain administrator shall review the floor elevation of flood-proofing certification. The permit holder shall correct any floor elevation or flood-proofing deficiencies detected by the floodplain administrator before further work is done. Failure to submit the required certification within the above time limit or failure to correct any deficiencies identified by the floodplain administrator shall be cause to issue a stop work order pursuant to section 18-648 of this article.

(d)

A final finished construction elevation certificate is required after construction is completed and prior to the final city zoning inspection. It shall be the duty of the permit holder to submit to the floodplain administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to certificate of compliance/occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold issuance of a certificate of compliance/occupancy. The finished construction elevation certificate shall provide at least two (2) photographs showing the front and rear of the building taken within ninety (90) days from the date of certification. The photographs must be taken with views confirming the building description and diagram number provided in Section A of FEMA Form 086-0-33. To the extent possible, these photographs should show the entire building, including foundation. If the building has split-level or multi-level areas, provide at least two (2) additional photographs showing side views of the building. In addition, when applicable, provide a photograph of the foundation showing a representative example of the flood openings or vents. All photographs must be in color and measure at least three (3) inches by three (3) inches. Digital photographs are acceptable.

(e)

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 buildings and structures, the floodplain administrator, in coordination with the building official, shall:

(1)

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 or repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;

(2)

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;

(3)

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

(4)

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 State Building Code and this ordinance is required.

(Ord. No. O-2018-46, § 5, 7-17-18)

(a)

The duties of the floodplain administrator under this article shall include, but not be limited to:

(1)

Reviewing all floodplain development permits to assure that the requirements of this article have been satisfied.

(2)

Approving or denying clearance for building permits and construction projects as provided in section 18-646.

(3)

Reviewing all proposed development within special flood hazard areas to assure that all necessary local, state, and federal permits have been received, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972.

(4)

Notifying adjacent communities, if applicable, and the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management, state coordinator for the National Flood Insurance Program before any alteration or relocation of a watercourse, and submitting evidence of such notification to the Federal Emergency Management Agency.

(5)

Preventing encroachments within areas of special flood hazard unless the certification and flood hazard reduction provisions of this article are met.

(6)

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

(7)

Verifying and recording the actual elevation in relation to NAVD 1988 of the lowest floor, including basement, of all new or substantially improved structures within or adjacent to flood prone areas.

(8)

Verifying and recording the actual elevation in relation to NAVD 1988 to which new or substantially improved structures have been flood-proofed.

(9)

Obtaining certification from a registered professional engineer or licensed architect that water supply systems and sanitary sewers or on-site waste disposal systems are located designed and constructed to eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.

(10)

When flood-proofing is utilized for a particular structure, obtaining certification from a registered professional engineer or licensed architect, pursuant to section 18-660.

(11)

When the lowest floor and the lowest adjacent grade of a structure or the lowest ground elevation of a parcel in a special flood hazard area is above the base flood elevation, advise the property owner of the option to apply for a letter of map amendment (LOMA) from FEMA. A copy of the letter of map amendment issued from FEMA will be maintained by the floodplain administrator in the permit file.

(12)

Make on-site inspections of projects in accordance with section 18-648.

(13)

Serve notices of violations, issued stop-work orders, revoke permits, and take corrective actions in accordance with section 18-648.

(b)

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

(c)

When base flood elevation data or floodway data has not been provided by FEMA, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of this article.

(d)

The floodplain administrator shall permanently maintain all records pertaining to the provisions of this article, including all maps designating flood-prone areas and annual reports filed with the Federal Emergency Management Agency. These records shall be open for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, as amended.

(e)

The floodplain administrator shall review, provide input on, and report all variances granted from this article to the Federal Emergency Management Agency.

(f)

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.

(Ord. No. O-2018-46, §§ 6—14, 7-17-18)

(a)

As the work pursuant to a 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 territorial jurisdiction at any reasonable hour for the purposes of inspection or other enforcement action.

(b)

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 the work. The stop-work order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed. Violation of a stop-work order constitutes a misdemeanor.

(c)

The floodplain administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, or 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 permit mistakenly issued in violation of an applicable state or local law may also be revoked.

(d)

When the floodplain administrator finds violations of applicable state and local laws, it shall be his duty to notify the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations of law in the property he owns.

(e)

If the owner of a building or property shall fail to take prompt corrective action, the floodplain administrator shall give him written notice, by certified or registered mail to his last known address or by personal service, of the determination that the building or property is in violation of the Floodplain Management Regulations and requiring the owner to remedy the violation within such period, not less than sixty (60) days, as the administrator may prescribe; provided that where the administrator finds that there is imminent danger to life or other property, he may order that corrective action be taken in such lesser period as may be feasible.

(f)

Any owner who has received such determination and notice to take corrective action may appeal from the notice to the board of adjustment by giving notice of appeal in writing to the floodplain administrator within thirty (30) days following the written notice. In the absence of an appeal, the floodplain administrator's determination shall be final. The board of adjustment shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the determination of the floodplain administrator. Any person aggrieved by the decision of the board of adjustment may appeal such decision to the superior court within thirty (30) days of the signing of the order of the board. Such appeal shall be in the nature of certiorari.

(g)

Violation of the provisions of this article or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance, special exceptions, or other order of the governing body, or failure to comply with an order to take corrective action for which no appeal has been made, shall constitute a Class 1 misdemeanor pursuant to G.S. § 143-215.58. Punishment shall include a fine of not more than one hundred dollars ($100.00) per day or imprisonment for not more than thirty (30) days, or both. Each day such a violation continues shall be considered a separate offense. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. No. O-2018-46, §§ 15—21, 7-17-18)

(a)

The board of adjustment shall hear and decide requests for variances from the requirements of this article. The board shall provide appropriate forms and information to person applying for a variance to enable them to furnish all necessary information to the board. The variance request shall be written and shall include information as to all of the factors set forth in subsection (b) and any other pertinent information.

(b)

In passing upon such applications, the board of adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this section, and the following factors:

(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;

(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 flood damage, for the proposed use;

(7)

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

(8)

The relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program for that area;

(9)

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

(10)

The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

(11)

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

(c)

Generally, variances may be issued for new construction and substantial improvements to be erected on lots of one-half (½) acre or less in size, contiguous to and surrounded by lots with an existing structure constructed below the base flood level, providing the factors set forth in subsection 18-649(b) above have been fully considered. As the lot size increases beyond one-half (½) acre, the technical justification required for issuing the variance increases.

(d)

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

(e)

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

(f)

Variances may be issued for:

(1)

The reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places 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.

(2)

Water dependent facilities if determined to meet the definition as defined in this chapter, provided variances within the floodway will not increase flood levels during the base flood discharge, the requested variance is the minimum necessary to afford relief, such facilities are protected by methods that minimize flood damages during the base flood and create no additional threat to public safety.

(3)

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

(g)

Conditions for variances:

(1)

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

(2)

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

(3)

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

(4)

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest flood elevation. Such notification shall be maintained with a record of all variance actions.

(5)

The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

(6)

No variance shall be approved for any new solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities in the 100-year floodplain except in accordance with the following standards: Provided that a structure or tank for chemical or fuel storage incidental to a use that is allowed under this section or to the operation of a water treatment plant or wastewater treatment facility may be located in a 100-year floodplain only if the structure or tank is either elevated above base flood elevation or designed to be watertight with walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. The city must notify 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.

(Ord. No. O-2018-46, §§ 22—25, 7-17-18)

(a)

The following requirements shall apply in all special flood hazard areas:

(1)

All new construction and substantial improvements shall be:

a.

Designed or modified and anchored to prevent flotation, collapse or lateral movement of the structure;

b.

Constructed with materials and utility equipment resistant to flood damage in accordance with the FEMA Technical Bulletin 2, Flood Damage Resistant Materials Requirements, including any subsequent updates to that Technical Bulletin; and

c.

Constructed by methods and practices that minimize flood damage.

(2)

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

(3)

All new and replacement sanitary sewage systems shall be designed to eliminate infiltration of flood waters into the system and discharges from the system into flood waters.

(4)

All new and replacement on-site waste disposal systems shall be reasonably located, designed, and constructed to avoid impairment to them or contamination from them during flooding.

(5)

Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be located at or above the regulatory flood protection elevation or designed and installed so as to prevent water from entering or accumulating within the components during flooding. These include but are not limited to HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, appliances (washers, dryers, refrigerators, freezers, etc.), hot water heaters, and electric outlets/switches.

(b)

When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for new construction and substantial improvement. When a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood elevations, the more restrictive requirements shall apply.

(c)

Nonconforming buildings or uses may not be enlarged, replaced, or rebuilt unless such enlargement or reconstruction is accomplished in conformance with the provisions of this article. However, nothing in this article shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this article and located totally or partially within the areas of special flood hazard, provided that the bulk of the building or structure below base flood elevation in an area of special flood hazard is not increased and provided that such repair, reconstruction, or replacement meets all of the other requirements of this article.

(Ord. No. O-2006-26, § 1(c), 3-7-06; Ord. No. O-2018-46, §§ 27—30, 7-17-18)

In addition to the requirements of section 18-659, the following standards shall apply in all special flood hazard areas where base flood data has been provided by FEMA or as set forth in subsection 18-646(c):

(a)

Residential construction. All new construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated to at least two (2) feet above base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movement of floodwaters shall be provided.

(b)

Nonresidential construction. New construction or substantial improvement of any commercial, industrial, or nonresidential structure shall have the lowest floor, including basement, elevated at least two (2) feet above the base flood elevation. Structures located in "A" zones may be flood proofed in lieu of elevation provided that all areas of the structure below the required elevation 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. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in subsection 18-646(b).

(c)

Elevated buildings.

(1)

All new construction or substantial improvement of any elevated building that contains a fully enclosed area which is below the base flood elevation and which is formed by the foundation and other exterior walls shall:

a.

Not contain any finished living space and shall not be temperature controlled or conditioned with equipment below the regulatory flood protection elevation, but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises;

b.

Be constructed entirely of flood resistant materials below the regulatory flood protection elevation;

c.

Be designed to allow for the entry and exit of flood waters to automatically equalize hydrostatic flood forces on exterior walls. Designs for complying with this requirement must be certified by a registered professional engineer or licensed architect or must meet the following criteria:

i.

At least 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 must be provided;

ii.

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

iii.

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

iv.

If a building has more than one (1) enclosed area, each area must have openings to allow floodwaters to automatically enter and exit; and

v.

Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings.

(2)

Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and located so as to prevent water from entering or accumulating within the components during flooding.

(3)

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

(4)

Except for enclosed storage areas, the interior portion of such enclosed areas shall not be partitioned or finished into separate rooms.

(5)

Areas below the regulatory flood protection elevation in Coastal High Hazard Areas (Zone VE and Coastal A Zones (CAZ)) shall either be free of obstruction or constructed with breakaway walls, latticework or insect screening. This is provided they are not part of the structural support of the building and are designed so as to breakaway, under abnormally high tides or wave action, without causing damage to the structural integrity of the building on which they are to be used, and provided the following design specifications are met:

a.

Material shall consist of open wood, plastic, or other latticework or insect screening having an opening ratio of at least forty (40) percent; and

b.

Breakaway walls shall meet the following design specifications:

i.

Design safe loading resistance of each wall shall be not less than ten (10) nor more than twenty (20) pounds per square foot; or

ii.

Breakaway walls that exceed a design safe loading resistance of more than twenty (20) pounds per square foot (either by design or when so required by State or local codes) shall be certified by a registered professional engineer or architect that the designed wall will collapse from a water load less than that which would occur during the base flood event, and 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 non-structural). The water loading values used shall be those associated with the base flood. The wind loading values used shall be those required by the North Carolina State Building Code.

iii.

Breakaway walls may have flood openings that allow for the automatic entry and exit of floodwaters to minimize damage caused by hydrostatic loads.

(d)

Manufactured homes. New and replacement manufactured homes shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated at least two (2) feet above the base flood elevation and must be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement:

(1)

All enclosures or skirting below the lowest floor shall meet the requirements contained herein.

(2)

Manufactured homes shall be securely anchored to prevent flotation, collapse, or lateral movement. For the purpose of this requirement, manufactured homes must be anchored to resist flotation, collapse, or lateral movement in accordance with the regulations for mobile homes and modular housing 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 at least thirty-six (36) inches or less above the grade at the sight, 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.

(3)

An evacuation plan must be developed for evacuation of all residents of all new, substantially improved or substantially damaged manufactured home parks or subdivisions located within flood-prone areas. This plan shall be filed with and approved by the local administrator and the local emergency management coordinator.

(e)

Recreational vehicles. A recreational vehicle is ready for highway use if it is on wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices, and has no permanently attached additions. Recreation vehicles placed on sites shall adhere to one (1) of the following:

(1)

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

(2)

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 has no permanently attached additions); or

(3)

Meet the requirements of section 18-646 and subsections 18-659(a), (d).

(f)

Temporary nonresidential structures. Prior to the issuance of a floodplain development permit for a temporary structure, the following requirements must be met:

(1)

All applicants must submit to the local administration prior to the issuance of the 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:

a.

A specified time period for which the temporary use will be permitted not to exceed one (1) year;

b.

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

c.

The time frame prior to the event at which a structure will be removed (i.e., minimum of seventy-two (72) hours before landfall of a hurricane or immediately upon flood warning notification);

d.

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

e.

Designation, accompanied by documentation, of a location outside the special flood hazard area to which the temporary structure will be moved.

(2)

The above information shall be submitted in writing to the local administrator for review and written approval.

(g)

Accessory structure. When accessory structures (sheds, detached garages, etc.) are to be placed in the floodplain, the following criteria shall be met:

(1)

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

(2)

Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of flood waters.

(3)

Accessory structures shall be firmly anchored in accordance with subsection 18-659(a)(1)a.

(4)

Service facilities such as electrical shall be elevated in accordance with subsection 18-659(a)(5). Accessory structures shall not be temperature-controlled unless in compliance with requirements for principal structures.

(5)

Openings to facilitate automatic equalization of hydrostatic pressure during a flood shall be provided below base flood elevation in conformance with subsection 18-660(c)(1).

(6)

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

(7)

An accessory structure with a footprint of less than one hundred fifty (150) square feet and that is does not exceed a cost of three thousand dollars ($3,000.00) and satisfies the criteria above is not required to meet the elevation or floodproofing standards of this section. Elevation or floodproofing certifications are required for all other accessory structures.

(h)

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

(1)

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;

(2)

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;

(3)

Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of this ordinance 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 into 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 construction.

(4)

Tank inlets and vents. Tank inlets, fill openings, outlets, and vents shall be: 1) at or above the regulator 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.

(i)

Concrete pads, including patios, decks, parking pads, walkways, driveways, pool decks, etc., shall:

(1)

Be structurally independent of the primary structural foundation system of the structure and shall not adversely affect structures through redirection of floodwaters or debris; and

(2)

Be constructed to breakaway cleanly during the design flood conditions, shall be frangible, and shall not produce debris capable of causing damage to any structure. The installation of concrete in small segments (not more than four (4) feet by four (4) feet) that will easily break up during the base flood event, or concrete that is scored in four-foot by four-foot segments, is acceptable to meet this standard; and

(3)

Not utilize welded wire fabric, rebar, or other similar reinforcement material; and

(4)

Not have a pad thickness greater than four (4) inches; and

(5)

Be certified by a design professional that the design and method of construction to be used meet the applicable criteria of this section.

(6)

The standards of this section shall not apply to nonresidential or multi-family development.

(j)

Swimming pools and spas must be designed to withstand all flood-related loads and load combinations and be either elevated so that the lowest horizontal structure is above the regulatory flood protection elevation; or designed and constructed to break away during base flood conditions without producing debris capable of causing damage to any structure; or be sited to remain in the ground during the base flood without obstructing flow that results in damage to any structure. A registered design professional must certify to local officials that a pool or spa beneath or near a VE zone building will not be subject to flotation or displacement that will damage building foundations or elevated portions of the building or any nearby buildings during a coastal flood. Pool equipment shall be floodproofed or elevated above the regulatory flood level and shall not be located beneath an elevated structure.

(k)

Elevators, vertical platform lifts, chair lifts, etc., shall comply with the following:

(1)

Elevator enclosures must be designed to resist hydrodynamic and hydrostatic forces as well as erosion, scour, and waves.

(2)

Utility equipment in coastal high hazard zones (VE and CAZ zones) must not be mounted on, pass through, or be located along breakaway walls.

(3)

The cab, machine/equipment room, hydraulic pump, hydraulic reservoir, counter weight and roller guides, hoist cable, limit switches, electric hoist motor, electrical junction box, circuit panel, and electrical control panel are required to be above the regulatory flood protection elevation or constructed using flood damage resistant components.

(4)

Elevator shafts/enclosures that extend below the regulatory flood protection elevation shall be constructed of reinforced masonry block or reinforced concrete walls to provide increased protection from flood damage. Drainage must be provided for the elevator pit.

(5)

If an elevator is designed to provide access to or from areas below the regulatory flood protection elevation, it shall be equipped with a float switch system that will activate during a flood and send the elevator cab to a flood above the regulatory flood protection elevation.

(l)

Fill/grading: Minor grading and the placement of minor quantities of nonstructural fill may be permitted for landscaping and for drainage purposes under and around buildings and for support of parking slabs, pool decks, patios, and walkways, provided:

(1)

The fill material must be similar and consistent with the natural soils in the area; and

(2)

The placement of site-compatible, non-structural fill under or around an elevated building is limited to two (2) feet; and

(3)

Nonstructural fill with finished slopes that are steeper than five (5) units horizontal to one (1) unit vertical shall be prohibited.

(m)

Other development: Fences, in the regulated floodways and nonencroachment areas (NEAs) that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences; retaining walls, sidewalks, and driveways in the regulated floodways and NEAs the involve the placement of fill in regulatory floodways; and roads and watercourse crossings in regulated floodways and NEAs, including, bridges, culverts, low-water crossings, and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways and shall meet the limitations of Section 18-662.

(Ord. No. O-2006-26, §§ 1(d)—(f), 3-7-06; Ord. No. O-2018-46, §§ 31—38, 7-17-18)

(a)

Due to the extremely hazardous nature of areas of special flood hazard, the following conditions shall apply:

(1)

New solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities are prohibited in areas of special flood hazard except by variance as authorized under G.S. 143-215.54A(b). 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 certification requirements of this chapter.

(2)

No manufactured home shall be placed in any area of special flood hazard unless the manufactured home will be located in an existing manufactured home park or existing manufactured home subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or manufactured home subdivision provided the anchoring standards of subsection 18-659(a)(6) and the elevation standards of section 18-660 are met.

(b)

Areas of special flood hazard may be used as a matter of right for uses that do not require structures, fill, dumping of materials, or storage of materials or equipment. No uses shall be permitted which would result in an increase in flood levels during the occurrence of the base flood.

(Ord. No. O-2018-46, § 39, 7-17-18)

(a)

Located within special flood hazard areas established in section 18-645, are areas designated as floodways or nonencroachment areas. The floodways and nonencroachment areas are extremely hazardous areas due to the velocity of flood waters which carry debris and potential projectiles and have erosion potential. The following provisions, in addition to standards outlined in section 18-659 and section 18-660, shall apply to all development within such areas:

(1)

No encroachment, including fill, new construction, substantial improvements and other development, shall be allowed in any floodway or nonencroachment area unless:

a.

The proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the floodplain administrator prior to issuance of floodplain development permit; or

b.

A conditional letter of map revision has been approved by FEMA. A letter of map revision must also be obtained upon completion of the proposed encroachment.

(2)

If subsection 18-662(a)(1) is satisfied, all development shall comply with all applicable flood hazard reduction provisions of Division III.

(3)

No manufactured housing shall be permitted, except replacement manufactured homes in an existing manufactured home park or subdivision, providing the following provisions are met:

a.

The anchoring and the elevation standards of subsection 18-660(d); and

b.

The no encroachment standard of subsection 18-662(a)(1).

(Ord. No. O-2006-26, § 1(g), 3-7-06)

(a)

Located within the areas of special flood hazard established in section 18-645 are small streams where no base flood data has been provided or where no floodways have been identified. The following provisions apply within such areas:

(1)

No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of the stream bank equal to two (2) times the width of the stream at the top of the bank or twenty (20) feet from each side of the top of the bank, whichever is greater, unless certification with supporting technical data by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood.

(2)

If subsection 18-663(a)(1) is satisfied and base flood elevation data is available from other sources, all new construction and substantial improvements within such areas shall comply with all applicable flood hazards reduction provisions of Division 3 and shall be elevated or flood-proofed in accordance with elevations established in accordance with subsection 18-647(c). When base flood elevation data is not available from a federal, state, or other source, the lowest floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade.

(3)

Until a regulatory floodway or non-encroachment area is designated, no encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted unless certification with supporting technical data by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community.

(Ord. No. O-2018-46, § 40, 7-17-18)

(a)

All subdivision and major development proposals in accordance with regulations contained herein shall:

(1)

Be consistent with minimizing flood damage within all areas of special flood hazard as provided in this article;

(2)

Locate, design and construct all utilities and facilities such as sewer, gas, electrical and water systems and roads to prevent flood damage;

(3)

Locate, design and construct all sanitary sewer and on-site waste disposal systems to eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; and

(4)

Provide adequate drainage to reduce exposure to flood hazards.

[(b)]

Base flood elevation data shall be provided for subdivision and major and/or multi-unit development proposals in accordance with regulations contained herein which are greater than the lesser of fifty (50) lots or five (5) acres in size.

(a)

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

(b)

All new construction and substantial improvements of nonresidential structures shall:

(1)

Have the lowest floor, including basement, elevated to the depth number specified on the FIRM, in feet, above the highest adjacent grade; if no depth number is specified, the lowest floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade; or

(2)

Be completely flood-proofed together with attendant utility and sanitary facilities to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

(3)

Adequate drainage paths shall be provided around structures on slopes to guide floodwaters around and away from proposed structures.

(Ord. No. O-2018-46, §§ 41, 42, 7-17-18)

Editor's note— Ord. No. O-2018-46, § 41, adopted July 17, 2018, changed the title of § 18-665 from "standards for areas of shallow flooding (AO Zones)" to the present title.

Coastal High Hazard Areas are Special Flood Hazard Areas established in section 18-645, and designated as Zones VE or CAZ (LiMWA). These areas have special flood hazards associated with high velocity waters from surges and, therefore, in addition to meeting all other provisions in this ordinance with the exception of floodway and non-encroachment area provisions, the following provisions shall apply.

(a)

All development shall be located landward of the reach of mean high tide; be located landward of the first line of stable natural vegetation; and comply with all applicable CAMA setback requirements.

(b)

All new and substantially improved structures shall be elevated so that the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or columns) is located no lower than the regulatory flood protection elevation. Floodproofing shall not be utilized on any structures in coastal high hazard areas to satisfy the regulatory flood protection elevation requirements.

(c)

All space below the regulatory flood protection elevation shall be open so as not to impede the flow of water with the following exceptions:

(1)

Open latticework or insect screening may be permitted below the regulatory flood protection elevation for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action and in accordance with section 18-660 of this article. Design plans shall be submitted in accordance with section 18-646 of this article; or

(2)

Breakaway walls may be permitted below the regulatory flood protection elevation provided they meet the criteria set forth in section 18-660 of this article. Breakaway walls used in CAZs may have flood openings that allow for the automatic entry and exit of floodwaters to minimize damage caused by hydrostatic loads. Design plans shall be submitted in accordance with section 18-646 of this article;

(d)

All new and substantially improved structures shall be securely anchored on pilings or columns. All pilings and columns and the structures 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. Wind loading values used shall be those required by the current edition of the North Carolina State Building Code.

(e)

A registered professional engineer or architect shall certify that the design, specifications and plans for construction are in compliance with the provisions contained in section 18-646, subsections 18-666(c), (d) and (f) of this article with the most current version of North Carolina's "National Flood Insurance Program V-Zone Certification" form. In addition, prior to the certificate of compliance/occupancy issuance, a registered professional engineer or architect shall certify the finished construction is compliant with the design, specifications, and plans for VE zone construction.

(f)

Fill shall not be used for structural support. Up to two (2) feet of non-compacted and non-stabilized fill may be used around the perimeter of a building for landscaping and aesthetic purposes provided the fill will wash out from storm surge, thereby rendering the building free of obstruction prior to generating excessive loading forces, ramping effects, or wave deflection. Design plans shall be submitted in accordance with section 18-646 of this article. The floodplain administrator may approve design plans for landscaping/aesthetic fill only after the applicant has provided an analysis by an engineer, architect, and/or soil scientist which demonstrates that the following factors have been satisfied:

(1)

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

(2)

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

(3)

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

(g)

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

(h)

No manufactured homes shall be permitted except in an existing manufactured housing park. A replacement manufactured home may be placed on a lot in an existing manufactured housing park provided the anchoring and elevation standards are in compliance with this section of ordinance.

(i)

Recreational vehicles may be permitted in coastal high hazard areas provided that they meet the recreational vehicle criteria of subsection 18-660(e) of this article and the temporary structure provisions of subsection 18-660(f) of this article.

(j)

A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the regulatory flood protection elevation and any supporting members that extend below the regulatory flood protection elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased loads resulting from the attached deck. The increased loads must be considered in the design of the primary structure and included in the required V-Zone certification.

(k)

A deck or patio that is located below the regulatory flood protection elevation shall be structurally independent from buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the building or structure or to adjacent buildings or structures.

(l)

In coastal high hazard areas, development activities other than buildings and structures shall be permitted only if also authorized by the appropriate state or local authority; if located outside the footprint of, and not structurally attached to, buildings and structures; and if analyses prepared by qualified registered design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to: 1) bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures; and 2) fences, unless designed and constructed to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters.

(Ord. No. O-2006-26, § 2, 3-7-06; Ord. No. O-2018-46, §§ 43, 44, 7-17-18)

The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations provided by the Federal Insurance Administration. Larger floods can and will occur on rare occasions and flood heights may be increased by manmade or natural causes. This article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. This article shall not increase liability on the part of the city or any of its officers or employees for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder. No action for damages sustained because of injury or property damage caused by a structure or obstruction for which a permit has been granted under this article shall be brought against the city or its employees or agents.

No amendment to this article shall become effective unless it has been proposed or approved by the state coordinating agency and the Federal Insurance Administration.

(a)

Effect on right and liabilities under the existing floodplain management regulations. This article was originally adopted on March 24, 1987, as a reenactment in part of Floodplain Management Regulations adopted on April 4, 1978. It is not the intention of any amendment to this article to repeal, but rather to continue in force without interruption such provisions existing at the time of amendment, so that all rights and liabilities that have accrued under this article are reserved and may be enforced. The enactment of any amendment to this article shall not affect any action, suit or proceeding instituted or pending. All provisions of the floodplain management ordinance of the City of Wilmington which are not reenacted herein are repealed. This ordinance shall become effective upon adoption.

(b)

Effect upon outstanding building 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 permit has been granted by the floodplain administrator or his authorized agents before the time of passage of this article or any amendment hereto; provided, however, that when construction is not begun under such outstanding permit within a period of one hundred eighty (180) days subsequent to passage of this article or any amendment hereto, the construction or use shall be in conformity with the provisions of this article as amended.

(c)

Severability. If any section, clause, sentence, or phrase of the floodplain management regulations 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 the ordinance.

(d)

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 another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(e)

In the interpretation 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.

(Ord. No. O-2018-46, §§ 45—47, 7-17-18)