[Prior Code, § 740.010]
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
The condition of flooding having a 1% chance of annual occurrence.
The land within a community subject to a 1% or greater chance
of flooding in any given year. This land is identified as Zone A on
the official map.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
A temporary rise in a stream's flow or stage that results
in water overflowing its banks and inundating areas adjacent to the
channel, or an unusual and rapid accumulation of runoff or surface
waters from any source.
Any combination of structural and non-structural additions,
changes or adjustments to structures, including utility and sanitary
facilities, which would preclude the entry of water. Structural components
shall have the capability of resisting hydrostatic and hydrodynamic
loads and the effect of buoyancy.
Any floor used for living which includes working, sleeping,
eating, cooking or recreation or combinations thereof. A floor used
only for storage purposes is not a HABITABLE FLOOR.
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. It
does not include recreational vehicles or travel trailers.
A parcel (or contiguous parcels) of land which has been divided
into two or more lots for rent or sale and the placement of mobile
homes.
The water surface elevation of the 100-year flood.
A walled and roofed STRUCTURE, including a gas or liquid
storage tank that is principally above the ground, including but without
limitation to buildings, factories, sheds, cabins, mobile homes and
other similar uses.
For the purpose of this definition, SUBSTANTIAL IMPROVEMENT
is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences whether or
not that alteration affects the external dimensions of the structure.
The term does not, however, include any alteration to comply with
existing state or local health, sanitary, building or safety code
or regulations as well as structures listed in the National or State
Registers of Historic Places.
[Prior Code, § 740.020]
The Board of Aldermen will insure that the flood carrying capacity
within the altered or relocated portion of any watercourse is maintained.
The City will notify, in riverine situations, adjacent communities
and the State Coordinating Officer prior to any alteration or relocation
of a watercourse, and submit copies of such notifications to the Administrator.
Moreover, the City will work with appropriate state and federal agencies
in every way possible in complying with the National Flood Insurance
Program in accordance with the National Flood Disaster Protection
Act of 1973 and any amendments thereto.
[Prior Code, § 740.030; Penalty, see § 10.99]
New and replacement water and sewer systems shall be constructed
to eliminate or minimize infiltration by, or discharge into flood
waters. Moreover, on-site waste disposal systems will be designed
to avoid impairment or contamination during flooding.
[Prior Code, § 740.040; Penalty, see § 10.99]
The Board of Aldermen shall review all subdivision applications
and shall make findings of fact and assure that:
(A)
All such proposed developments are consistent with the need to minimize
flood damage;
(B)
Subdivision proposals and other proposed new developments greater
than five acres or 50 lots, whichever is lesser, include within such
proposals regulatory flood elevation data in areas designated Zone
A;
(C)
Adequate drainage is provided so as to reduce exposure to flood hazards;
and
(D)
All public utilities and facilities are located so as to minimize
or eliminate flood damage.
[Prior Code, § 740.070]
The Board of Aldermen hereby designates the most current official
Flood Hazard Boundary Map(s) of Lincoln County as the official maps
to be used in determining those areas of special flood hazard.
[Prior Code, § 740.080; Penalty, see § 10.99]
(A)
Requirement. No person, firm or corporation shall erect, construct,
enlarge or improve any building or structure in the City or cause
the same to be done without first obtaining a separate development
permit for each such building or structure.
(B)
Application.
(1)
The applicant shall first file an application therefor in writing
on a form furnished for that purpose.
(2)
Every such application shall:
(a)
Identify and describe the work to be covered by the permit for
which application is made;
(b)
Describe the land on which the proposed work is to be done by
lot, block, tract and house and street address, or similar description
that will readily identify and definitely locate the proposed building
or work;
(c)
Indicate the use or occupancy for which the proposed work is
intended;
(d)
Be accompanied by plans and specifications for proposed construction;
(e)
Be signed by the permittee or his or her authorized agent who
may be required to submit evidence to indicate such authority;
(f)
Within designated flood prone areas, be accompanied by elevations
(in relation to mean sea level) of the lowest habitable floor (including
basement) or in the case of flood proofed nonresidential structure,
the elevation to which it has been flood proofed. Documentation or
certification of such elevations will be maintained by the City; and
(g)
Give such other information as reasonably may be required by
the City.
[Prior Code, § 740.090; Penalty, see § 10.99]
The City shall review all development permit applications to
determine if the site of the proposed development is reasonably safe
from flooding and that all necessary permits have been received as
required by federal or state law.
[Prior Code, § 740.100; Penalty, see § 10.99]
(A)
The City, in reviewing all applications for new construction, substantial
improvements, prefabricated buildings, placement of mobile homes and
other developments as defined herein will:
(1)
Obtain review and reasonably utilize, if available, any regulatory
flood elevation data from federal, state or other sources, until such
other data is provided by the Federal Insurance Administration in
a flood insurance study; and require within areas designated as Zone
A on the official map that the following performance standards be
met:
(2)
Require the use of construction materials and utility equipment
that are resistant to flood damage;
(3)
Require the use of construction methods and practices that will
minimize flood damage;
(4)
Be designed or anchored to prevent the floatation, collapse
or lateral movement of the structure or portions of the structure
due to flooding;
(5)
Assure that in regard to mobile homes, specific anchoring requirements
are:
(a)
Over-the-top ties be provided at each of the four corners of
the mobile home with two additional ties per side at the intermediate
locations and mobile home less than 50 feet long requiring one additional
tie per side;
(b)
Frame ties be provided at each corner of the home with five
additional ties per side at intermediate points and mobile home less
than 50 feet long requiring four additional ties per side;
(c)
All components of the anchoring system be capable of carrying
a force of 4800 pounds; and
(d)
Any additions to mobile homes be similarly anchored.
(B)
This chapter shall take precedence over conflicting parts of this
code of ordinances or parts of ordinances. The Board of Aldermen may,
from time to time, amend this chapter to reflect any and all changes
in the National Flood Disaster Protection Act of 1973. The regulations
of this chapter are in compliance with the National Flood Insurance
Program Regulation as published in the Federal Register, Volume 41,
Number 207, dated October 16, 1976.
