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§ 151.044 VARIANCE PROCEDURES.
   (A)   The Board of Adjustment, as established by the town, hereinafter referred to as the “Appeal Board,” shall hear and decide requests for variances from the requirements of this chapter.
   (B)   Any person aggrieved by the decision of the Appeal Board may appeal the decision to the Court, as provided in G.S. Chapter 7A.
   (C)   Variances may be issued for:
      (1)   The repair or rehabilitation of historic structures, upon the determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure, and that the variance is the minimum necessary to preserve the historic character and design of the structure;
      (2)   Functionally dependent facilities, if determined to meet the definition as stated in § 151.005, provided the provisions of divisions (I)(2),(3) and (5) of this section have been satisfied, and such facilities are protected by methods that minimize flood damages during the base flood and create no additional threats to public safety; or
      (3)   Any other type of development, provided it meets the requirements of this section.
   (D)   In passing upon variances, the Appeal Board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter and:
      (1)   The danger that materials may be swept onto other lands to the injury of others;
      (2)   The danger to life and property due to flooding or erosion damage;
      (3)   The susceptibility of the proposed facility and its contents to flood damage and the effect of that 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 as a functionally dependent facility, as defined in § 151.005, where applicable;
      (6)   The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
      (7)   The compatibility of the proposed use with existing and anticipated development;
      (8)   The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
      (9)   The safety of access to the property in times of flood for ordinary and emergency vehicles;
      (10)   The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters, and the effects of wave action, if applicable, expected at the site; and
      (11)   The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
   (E)   A written report addressing each of the above factors shall be submitted with the application for a variance.
   (F)   Upon consideration of the factors listed above and the purposes of this chapter, the Appeal Board may attach any conditions to the granting of variances as it deems necessary to further the purposes and objectives of this chapter.
   (G)   Any applicant to whom a variance is granted shall be given written notice, specifying the difference between the base flood elevation (BFE) and the elevation to which the structure is to be built, and that such construction below the BFE increases risks to life and property, and that the issuance of a variance to construct a structure below the BFE will result in increased premium rates for flood insurance up to $25 per $100 of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justification for their issuance.
   (H)   The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency and the State of North Carolina upon request.
   (I)   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 not be issued within any designated floodway or non-encroachment area if the variance would result in any increase in flood levels during the base flood discharge.
      (3)   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;
      (4)   Variances shall only be issued prior to development permit approval.
      (5)   Variances shall only be issued upon:
         (a)   A showing of good and sufficient cause;
         (b)   A determination that failure to grant the variance would result in exceptional hardship; and
         (c)   A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
   (J)   A variance may be issued for solid waste disposal facilities or sites, hazardous waste management facilities, salvage yards and chemical storage facilities that are located in special flood hazard areas, provided that all of the following conditions are met:
      (1)   The use serves a critical need in the community;
      (2)   No feasible location exists for the use outside the special flood hazard area;
      (3)   The reference level of any structure is elevated or floodproofed to at least the regulatory flood protection level;
      (4)   The use complies with all other applicable federal, state and local laws; and
      (5)   The town has notified the Secretary of the State Department of Public Safety of its intention to grant a variance at least 30 days prior to granting the variance.
(Ord. eff. 10-6-2003; Ord. eff. 3-12-2012; Ord. eff. 8-11-2014; Ord. eff. 11-10-2014)
PROVISIONS FOR FLOOD HAZARD REDUCTION
§ 151.060 GENERAL STANDARDS.
   In all special flood hazard areas, the following provisions are required:
   (A)   All new construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure;
   (B)   All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;
   (C)   All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damages;
   (D)   Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding to the regulatory flood protection elevation. These include but are not limited to HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, hot water heaters and electric outlets/switches;
   (E)   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
   (F)   New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems, and discharges from the systems into floodwaters;
   (G)   On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding;
   (H)   Any alteration, repair, reconstruction or improvements to a structure in compliance with the provisions of this chapter shall meet the requirements of “new construction” as contained in this chapter;
   (I)   Nothing in this chapter shall prevent the repair, reconstruction or replacement of a building or structure existing on the effective date of this chapter, and located totally or partially within the floodway, non-encroachment area or stream setback; provided there is no additional encroachment below the regulatory flood protection elevation in the floodway, non-encroachment area or stream setback; and provided that the repair, reconstruction or replacement meets all of the other requirements of this chapter;
   (J)   New solid waste disposal facilities, hazardous waste management facilities, salvage yards and chemical storage facilities shall not be permitted, except by variance as specified in § 151.044(J). 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 according to § 151.041(C);
   (K)   All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage;
   (L)   All subdivision proposals and other development proposals shall have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize flood damage;
   (M)   All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure to flood hazards;
   (N)   All subdivision proposals and other development proposals shall have received all necessary permits from those governmental agencies for which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
   (O)   When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for new construction and substantial improvements.
   (P)   When a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and the highest base flood elevation (BFE) shall apply.
(Ord. eff. 10-6-2003; Ord. eff. 3-12-2012; Ord. eff. 8-11-2014; Ord. eff. 11-10-2014)
§ 151.061 SPECIFIC STANDARDS.
   In all special flood hazard areas where base flood elevation (BFE) data has been provided, as set forth in § 151.021 or § 151.062, the following provisions, in addition to the provisions of § 151.060, are required.
   (A)   Residential construction. New construction or substantial improvement of any residential structure (including manufactured homes) shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as defined in § 151.005.
   (B)   Nonresidential construction. New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as defined in § 151.005. Structures located in A, AE, AO and A1-30 Zones may be floodproofed to the regulatory flood protection elevation in lieu of elevation, provided that all areas of the structure, together with attendant utility and sanitary facilities, below the regulatory flood protection 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 floodproofing standards of this division are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in § 151.041(C), along with the operational plan and the inspection and maintenance plan.
   (C)   Manufactured homes.
      (1)   New or replacement manufactured homes shall be elevated so that the reference level of the manufactured home is no lower than the regulatory flood protection elevation, as defined in § 151.005.
      (2)   Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse and lateral movement, either by a certified engineered foundation system, or in accordance with the State of North Carolina Regulations for Manufactured Homes 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 36 inches or less above the grade at the site, the chassis shall be supported by reinforced piers or an engineered foundation. When the elevation of the chassis is above 36 inches in height, an engineering certification is required.
      (3)   All enclosures or skirting shall be in accordance with division (D) below.
      (4)   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 Floodplain Administrator and the local Emergency Management Coordinator.
   (D)   Elevated buildings. A fully enclosed area, of new construction and substantially improved structures, that is below the lowest floor:
      (1)   Shall not be designed or used for human habitation, but shall only be used for parking of vehicles, building access or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator). The interior portion of such enclosed area shall not be finished or partitioned into separate rooms, except to enclose storage areas;
      (2)   Shall be constructed entirely of flood-resistant materials at least to the regulatory flood protection elevation; and
      (3)   Shall include, in Zones A, AO, AE and A1-30, flood openings to automatically equalize hydrostatic flood forces on walls, by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect, or meet or exceed the following minimum design criteria:
         (a)   A minimum of two flood openings on different sides of each enclosed area subject to flooding;
         (b)   The total net area of all flood openings must be at least one square inch for each square foot of enclosed area subject to flooding;
         (c)   If a building has more than one enclosed area, each enclosed area must have flood openings to allow floodwaters to automatically enter and exit;
         (d)   The bottom of all required flood openings shall be no higher than one foot above the adjacent grade;
         (e)   Flood openings may be equipped with screens, louvers or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions; and
         (f)   Enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require flood openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires flood openings as outlined above.
   (E)   Additions/improvements.
      (1)   Additions and/or improvements to pre-FIRM structures, when the addition and/or improvements, in combination with any interior modifications to the existing structure, are:
         (a)   Not a substantial improvement, the addition and/or improvements must be designed to minimize flood damages, and must not be any more nonconforming than the existing structure; or
         (b)   A substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.
      (2)   Additions to post-FIRM structures that are a substantial improvement, with no modifications to the existing structure other than a standard door in the common wall, shall require only the addition to comply with the standards for new construction.
      (3)   Additions and/or improvements to post-FIRM structures, when the addition and/or improvements, in combination with any interior modifications to the existing structure, are:
         (a)   Not a substantial improvement, the addition and/or improvements only must comply with the standards for new construction; or
         (b)   A substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.
      (4)   Any combination of repair, reconstruction, rehabilitation, addition or improvement of a building or structure taking place during a one-year period, the cumulative cost of which equals or exceeds 50% of the market value of the structure before the improvement or repair is started, must comply with the standards for new construction. For each building or structure, the one-year period begins on the date of the first improvement or repair of that building or structure subsequent to the effective date of this chapter. If the structure has sustained substantial damage, any repairs are considered substantial improvement, regardless of the actual repair work performed. The requirement does not, however, include either:
         (a)   Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the Building Official, and that are the minimum necessary to assume safe living conditions; or
         (b)   Any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure.
   (F)   Recreational vehicles.
      (1)   Temporary placement. Recreational vehicles placed temporarily in flood hazard areas shall;
         (a)   Be on site for fewer than 180 consecutive days; or
         (b)   Be fully licensed and ready for highway use. A recreational vehicle or park model is READY FOR HIGHWAY USE, if it is on its wheels or its jacking system is attached to the site only by quick, disconnect-type utilities and security devices, and it has no permanent attachments such as additions, rooms, stairs, decks and porches.
      (2)   Permanent placement. Recreational vehicles that do not meet the limitations of temporary placement shall meet all the requirements for new construction,
   (G)   Temporary nonresidential structures. Prior to the issuance of a floodplain development permit for a temporary structure, the applicant must submit to the Floodplain Administrator a plan for the removal of the structure(s) in the event of a hurricane, flash flood or other type of flood-warning notification. The following information shall be submitted in writing to the Floodplain Administrator for review and written approval:
      (1)   A specified time period for which the temporary use will be permitted. Time specified may not exceed three months, renewable up to one year;
      (2)   The name, address and phone number of the individual responsible for the removal of the temporary structure;
      (3)   The time frame prior to the event at which a structure will be removed (i.e., minimum of 72 hours before landfall of a hurricane or immediately upon flood-warning notification);
      (4)   A copy of the contract or other suitable instrument with the entity responsible for physical removal of the structure; and
      (5)   Designation, accompanied by documentation, of a location outside the special flood hazard area to which the temporary structure will be moved.
   (H)   Accessory structures. When accessory structures (sheds, detached garages and the like) are to be placed within a special flood hazard area, the following criteria shall be met:
      (1)   Accessory structures shall not be used for human habitation (including working, sleeping, living, cooking or restroom areas);
      (2)   Accessory structures shall not be temperature-controlled;
      (3)   Accessory structures shall be designed to have low flood damage potential;
      (4)   Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;
      (5)   Accessory structures shall be firmly anchored in accordance with § 151.060(A);
      (6)   All service facilities, such as electrical and heating equipment, shall be installed in accordance with § 151.060(D);
      (7)   Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below the regulatory flood protection elevation in conformance with division (D)(1) above; and
      (8)   An accessory structure with a footprint of less than 150 square feet, or that is a minimal investment of $3,000 or less, and that satisfies the criteria outlined above, is not required to meet the elevation or floodproofing standards of § 151.061(B). Elevation or floodproofing certifications are required for all other accessory structures in accordance with § 151.041(C).
   (I)   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 attached to and elevated to or above the design flood elevation, on a supporting structure 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 division (B) of this section shall be permitted in flood hazard areas, provided the tanks are anchored or otherwise designed and constructed 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, and the effects of flood-borne debris.
      (4)   Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
         (a)   At or above the design flood 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
         (b)   Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.
   (J)   Other development. Prior to the issuance of a floodplain development permit for a temporary structure, the applicant must submit to the Floodplain Administrator a plan for the removal of the structure(s) in the event of a hurricane, flash flood or other type of flood-warning notification. The following information shall be submitted, in writing, to the Floodplain Administrator for review and written approval:
      (1)   Fences in regulated floodways and NEAs. Fences in regulated floodways and NEAs that have the potential to block the passage of floodwaters, such as stockade fences and wire-mesh fences, shall meet the limitations of § 151.064.
      (2)   Retaining walls, sidewalks and driveways in regulated floodways and NEAs. Retaining walls, sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of § 151.064.
      (3)   Roads and watercourse crossings in regulated floodways and NEAs. Roads and watercourse crossings, including roads, 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 shall meet the limitations of § 151.064.
(Ord. eff. 10-6-2003; Ord. eff. 3-12-2012; Ord. eff. 8-11-2014; Ord. eff. 11-10-2014)
§ 151.062 STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS.
   Within the special flood hazard areas designated as Approximate Zone A and established in § 151.021, where no base flood elevation (BFE) data has been provided by FEMA, the following provisions, in addition to the provisions of § 151.060, shall apply:
   (A)   No encroachments, including fill, new construction, substantial improvements or new development, shall be permitted within a distance of 20 feet each side from top of bank, or five times the width of the stream, 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 discharge.
   (B)   The BFE used in determining the regulatory flood protection elevation shall be determined, based on the following criteria:
      (1)   When base flood elevation (BFE) data is available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this chapter, and shall be elevated or floodproofed in accordance with standards in §§ 151.060 and 151.061.
      (2)   When floodway or non-encroachment data is available from a federal, state or other source, all new construction and substantial improvements within floodway and non-encroachment areas shall also comply with the requirements of §§ 151.061 and 151.064.
      (3)   All subdivision, manufactured home park and other development proposals shall provide base flood elevation (BFE) data, if development is greater than five acres or has more than 50 lots/manufactured home sites. Such base flood elevation (BFE) data shall be adopted by reference in accordance with § 151.021 and utilized in implementing this chapter.
      (4)   When base flood elevation (BFE) data is not available from a federal, state or other source as outlined above, the reference level shall be elevated or floodproofed (nonresidential) to or above the regulatory flood protection elevation, as defined in § 151.005. All other applicable provisions of § 151.061 shall also apply.
(Ord. eff. 10-6-2003; Ord. eff. 3-12-2012; Ord. eff. 8-11-2014; Ord. eff. 11-10-2014)
§ 151.063 STANDARDS FOR RIVERINE FLOODPLAINS WITH BASE FLOOD ELEVATIONS, BUT WITHOUT ESTABLISHED FLOODWAYS OR NON-ENCROACHMENT AREAS.
   Along rivers and streams where base flood elevation (BFE) data is provided by FEMA, or is available from another source, but neither floodway nor non-encroachment areas are identified for a special flood hazard area on the FIRM or in the FIS report, the following requirements shall apply to all development within such areas:
   (A)   Standards of §§ 151.060 and 151.061; and
   (B)   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 foot at any point within the community.
(Ord. eff. 10-6-2003; Ord. eff. 3-12-2012; Ord. eff. 8-11-2014; Ord. eff. 11-10-2014)
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