§ 10-2. Flood hazard district overlay requirements.

The flood hazard overlay district (FHO), as established in section 9-1.6(A), is designed for the purpose of protecting people and property from the hazards of flooding in accordance with the authority provided in G.S. 160A-381 and 160A-174.

10-2.1.

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

(A)

Accessory structure (appurtenant structure). A structure which is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Garages, carports, and storage sheds are common urban accessory structures. Pole barns, hay sheds, and the like qualify as accessory structures on farms, and may or may not be located on the same parcel as the farm dwelling or shop building.

(B)

Addition (to an existing building). An extension or increase in the floor area or height of a building or structure.

(C)

Appeal. A request for a review of the floodplain administrator's interpretation of any provision of this ordinance.

(D)

Area of special flood hazard. See "Special flood hazard area (SFHA)".

(E)

Base flood. The flood having a one percent chance of being equaled or exceeded in any given year.

(F)

Base flood elevation (BFE). A determination of the water surface elevations of the base flood as published in the flood insurance study. When the BFE has not been provided in a "special flood hazard area", it may be obtained from engineering studies available from a federal, state, or other source using FEMA approved engineering methodologies. This elevation, when combined with the "freeboard", establishes the "regulatory flood protection elevation".

(G)

Basement. Area of the building having its floor subgrade (below ground level) on all sides.

(H)

Building. See "Structure".

(I)

Chemical storage facility. A building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products.

(J)

Development. 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, or storage of equipment or materials.

(K)

Disposal. As defined in G.S. 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

(L)

Elevated building. A nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

(M)

Encroachment. The advance or infringement of uses, fill, excavation, buildings, structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

(N)

Existing manufactured home park or manufactured home subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before the effective date of the floodplain management regulation adopted by the City of Shelby.

(O)

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland or tidal waters; and

(2)

The unusual and rapid accumulation of runoff of surface waters from and source.

(P)

Flood hazard boundary map (FHBM). An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as zone A.

(Q)

Flood insurance. Insurance coverage provided under the National Flood Insurance Program.

(R)

Flood insurance rate map (FIRM). An official map of a community, issued by the Federal Emergency Management Agency, on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated.

(S)

Flood insurance study (FIS). An examination, evaluation, and determination of flood hazards, corresponding water surface elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued by the Federal Emergency Management Agency. The flood insurance study report includes flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), if published.

(T)

Flood prone area See "Floodplain".

(U)

Flood zone. A geographical area shown on a flood hazard boundary map or flood insurance rate map that reflects the severity or type of flooding in the area.

(V)

Floodplain. Any land area susceptible to being inundated by water from any source.

(W)

Floodplain administrator. The individual appointed to administer and enforce the floodplain management regulations.

(X)

Floodplain development permit. Any type of permit that is required in conformance with the provisions of this ordinance, prior to the commencement of any development activity.

(Y)

Floodplain management. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

(Z)

Floodplain management regulations. This ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power. This term describes federal, state or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.

(AA)

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

(BB)

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

(CC)

Freeboard. The height added to the base flood elevation (BFE) to account for the many unknown factors that could contribute to flood heights greater that the height calculated for a selected size flood and floodway conditions, such as wave action, blockage of bridge openings, and the hydrological effect of urbanization of the watershed. The base flood elevation plus the freeboard establishes the "regulatory flood protection elevation".

(DD)

Functionally dependent facility. A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long-term storage, manufacture, sales, or service facilities.

(EE)

Hazardous waste management facility. As defined in G.S. 130A, article 9, a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste.

(FF)

Highest adjacent grade. The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of the structure.

(GG)

Historic structure. Any structure that is:

(a)

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

(b)

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

(c)

Individually listed on a local inventory of historic landmarks in communities with a "certified local government (CLG) program"; or

(d)

Certified as contributing to the historical significance of a historic district designated by a community with a "certified local government (CLG) program".

Certified Local Government (CLG) Programs are approved by the US Department of the Interior in cooperation with the North Carolina Department of Cultural Resources through the State Historic Preservation Officer as having met the requirements of the National Historic Preservation Act of 1966 as amended in 1980.

(HH)

Lowest adjacent grade (LAG). The elevation of the ground, sidewalk or patio slab immediately next to the building, or deck support, after completion of the building.

(II)

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

(JJ)

Manufactured home. 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. The term manufactured home does not include a recreational vehicle.

(KK)

Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

(LL)

Market value. The building value, not including the land value and that of any accessory structures or other improvements on the lot. Market value may be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (actual cash value); or adjusted tax assessed values.

(MM)

Mean sea level. For purposes of this ordinance, the National Geodetic Vertical Datum (NGVD) as corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical control datum used as a reference for establishing varying elevations within the floodplain, to which base flood elevations (BFEs) shown on a FIRM are referenced. Refer to each FIRM panel to determine datum used.

(NN)

New construction. Structures for which the "start of construction" commenced on or after the effective date of the initial floodplain management regulations and includes any subsequent improvements to such structures.

(OO)

Nonencroachment area. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot as designated in the flood insurance study report.

(PP)

Post-FIRM. Construction or other development for which the "start of construction" occurred on or after the effective date of the initial flood insurance rate map.

(QQ)

Pre-FIRM. Construction or other development for which the "start of construction" occurred before the effective date of the initial flood insurance rate map.

(RR)

Principally above ground. That at least 51 percent of the actual cash value of the structure is above ground.

(SS)

Public safety and/or nuisance. Anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

(TT)

Recreational vehicle. A vehicle which is: (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use.

(UU)

Reference level. The top of the lowest floor for structures within special flood hazard areas designated as zone A1-A30, AE, A, A99 or AO.

(VV)

Regulatory flood protection elevation. The "base flood elevation" plus the "freeboard". In "special flood hazard areas" where base flood elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet of freeboard. In "special flood hazard areas" where no BFE has been established, this elevation shall be at least two feet above the highest adjacent grade.

(WW)

Remedy a violation. To bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impact of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

(XX)

Repetitive loss. Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred.

(YY)

Riverine. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

(ZZ)

Salvage yard. Any nonresidential property used for the storage, collection, and/or recycling of any type of equipment, and including but not limited to; vehicles, appliances and related machinery.

(AAA)

Solid waste disposal facility. Any facility involved in the disposal of solid waste, as defined in G.S. 130A-290(a)(35).

(BBB)

Solid waste disposal site. As defined in G.S. 130A-290(a)(36), any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method.

(CCC)

Special flood hazard area (SFHA). The land in the floodplain subject to a one percent or greater chance of being flooded in any given year, as determined in this ordinance.

(DDD)

Start of construction. [For other than new construction or substantial improvements under the Coastal Barrier Resources Act (PL 97-348)]. Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the state of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.

(EEE)

Structure. A walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures.

(FFF)

Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial damage also means flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damaged occurred.

(GGG)

Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "repetitive loss" or "substantial damage", regardless of the actual repair work performed.

(HHH)

Substantially improved existing manufactured home park or subdivision. Where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction, or improvement commenced.

(III)

Variance. A grant of relief to a person from the requirements of this ordinance which permits construction in a manner otherwise prohibited by this ordinance where specific enforcement would result in unnecessary hardship.

(JJJ)

Violation. The failure of a structure or other development to be fully compliant with the city's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this section is presumed to be in violation until such time as that documentation is provided.

10-2.2.

Artificial obstructions within floodways and nonencroachment areas prohibited.

(A)

Located within areas of special flood hazard are areas designated as floodways or nonencroachment areas. The floodways and nonencroachment areas are extremely hazardous areas due to the velocity of floodwaters which carry debris and potential projectiles and have erosion potential.

(B)

No artificial obstruction may be located within any floodway or nonencroachment area, except as provided in subsection 10-2.3.

(C)

For purposes of this section, an artificial obstruction is any obstruction, other than a natural obstruction, that is capable of reducing the flood-carrying capacity of a stream or may accumulate debris and thereby reduce the flood-carrying capacity of a stream. A natural obstruction includes any rock, tree, gravel, or analogous natural matter that is an obstruction and has been located within the floodway or nonencroachment area by a nonhuman cause.

(D)

The following standards shall apply to any permissible use as delineated in subsection 10-2.3 or any other use allowed by variance (in accordance with subsection 7-2.2):

(1)

No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted within floodways or nonencroachment areas 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 occurrence of the base flood discharge.

(2)

If subsection (D)(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of subsection 10-2.4.

(3)

No manufactured home shall be permitted nor relocated in a floodway or nonencroachment area.

10-2.3.

Permissible uses within floodways and nonencroachment areas.

(A)

Notwithstanding subsection 9-3.1 of this ordinance (permitted use table), no permit to make use of land within a floodway or nonencroachment area may be issued unless the proposed use is listed as permissible both in the table of permissible uses and in the following list and provided that the proposed use does not involve a structure or fill:

(1)

General farming, pasture, outdoor plant nurseries, horticulture, forestry, wildlife sanctuary, game farm, and other similar agricultural, wildlife and related uses.

(2)

Ground level streets, streets, loading areas, parking areas, rotary aircraft ports, and other similar ground level area uses.

(3)

Lawns, gardens, play areas, and other similar uses.

(4)

Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks, hiking or horseback riding trails, open space and other similar private and public recreational uses.

(B)

The uses listed in subsection (A) are permissible only if and to the extent that they do not cause any increase in flood levels in accordance with the provisions of subsection 10-2.4 (F).

(C)

No building may be constructed and no substantial improvement of any existing building may take place within any floodway or nonencroachment area.

(D)

Any accessory structure allowed in subsection (A) shall not be used for human habitation.

10-2.4.

Construction within areas of special flood hazard restricted.

(A)

No new residential building may be constructed and no substantial improvement of a residential building may take place within any area of special flood hazard except in accordance with subsection (D) or (E) of this section.

(B)

No new nonresidential building, with the exception of public utility structures, may be constructed and no substantial improvements of a nonresidential building may take place within any area of special flood hazard except in accordance with subsection (D) or (E) of this section.

(C)

The following general standards shall apply to any permissible use, any public utility structure and any use allowed by variance (in accordance with subsection 7-2.2) in an area of special flood hazard:

(1)

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

(2)

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(3)

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

(4)

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.

(5)

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

(6)

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

(7)

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

(8)

Any alteration, repair, reconstruction or improvements to a structure which is in compliance with the provisions of this ordinance shall meet the requirements of "new construction" as contained in this ordinance.

(9)

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

(10)

New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted, except by variance as specified in section 7-2. A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of water treatment plan of a wastewater treatment facility may be located in a special food hazard area only if the structure or tanks is either elevated or floodproofed to at least the regulatory flood protection elevation and certified in accordance with the provisions of subsection 10-2.4(D).

(11)

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

(12)

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

(13)

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

(14)

All 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.

(15)

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.

(16)

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 shall apply.

(17)

Whenever any portion of an area of special flood hazard outside of the floodway or nonencroachment area is filled in with fill dirt, slopes shall be adequately stabilized to withstand the erosive force of the base flood.

(D)

In all areas of special flood hazard where base flood elevation (BFE) data has been provided, the following provisions, in addition to the provisions of subsection 10-2.4 (C), shall apply to any permissible use and any use allowed by variance (in accordance with subsection 7-2.2):

(1)

Residential construction. New construction or substantial improvement of any residential structure shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation as defined in subsection 10-2.1.

(2)

Nonresidential construction. New construction or substantial improvement of any commercial, industrial, or nonresidential structure shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation as defined in subsection 10-2.1. Structures located in A and AE 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 water tight 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 subsection are satisfied. Such certification shall be provided to the floodplain administrator as set forth in subsection 10-2.7(D) along with the operational plan and the inspection and maintenance plan.

(3)

Manufactured homes.

(a)

New and replacement manufactured homes that are placed or substantially improved on sites; (i) outside a manufactured home park or subdivision; (ii) in a new manufactured home park or subdivision; (iii) in an expansion to an existing manufactured home park or subdivision; or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, must be elevated on a permanent foundation such that the reference level of the manufactured home is no lower than the regulatory flood protection elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(b)

Manufactured homes shall be securely anchored to an adequately anchored foundation to prevent flotation, collapse, or lateral movement either by certified engineered foundation system, or in accordance with the most current edition of the State of North Carolina 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 36 inches or less above the grade at the site, the chassis shall be supported by reinforced piers or engineered foundation. When the elevation of the chassis is above 36 inches in height, an engineering certification is required.

(c)

All enclosures or skirting below the lowest floor shall meet the requirements of subsection 10-2.4(D)(5).

(d)

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 UDO administrator and the local emergency management coordinator.

(4)

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 either:

(a)

Be on-site for fewer than 180 consecutive days;

(b)

Be fully licensed and ready for highway use; or

(c)

Meet the requirements for new construction.

(5)

Elevated buildings. Fully enclosed area, of new construction and substantially improved structures, which is below the lowest floor:

(a)

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;

(b)

Shall be constructed entirely of flood-resistant materials at least to the regulatory flood protection elevation; and

(c)

Shall include, in zones A and AE, 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:

(i)

A minimum of two flood openings on different sides of each enclosed area subject to flooding;

(ii)

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;

(iii)

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

(iv)

The bottom of all required flood openings shall be no higher than one foot above the adjacent grade;

(v)

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

(vi)

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.

(6)

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 such 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:

(a)

A specified time period for which the temporary use will be permitted. Time specified may not exceed three months, renewable up to one 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 72 hours before landfall of a hurricane or immediately upon flood warning notification);

(d)

A copy of the contract or other suitable instrument with the entity responsible for physical removal of the structure; and

(e)

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

(7)

Accessory structure. When accessory structures (sheds, detached garages, etc.) are to be placed within a special flood hazard area, the following criteria shall be met:

(a)

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

(b)

Accessory structures shall not be temperature-controlled;

(c)

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

(d)

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

(e)

Accessory structures shall be firmly anchored in accordance with subsection 10-2.4(C)(1);

(f)

Service facilities such as electrical and heating equipment shall be elevated in accordance with subsection 10-2.4(C)(5); and

(g)

Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below regulatory flood protection elevation in conformance with the provisions of subsection 10-2.4(D).

An accessory structure with a footprint less than 150 square feet that satisfies the criteria outlined above does not require an elevation or a floodproofing certificate. Elevation or floodproofing certifications are required for all other accessory structures in accordance with subsection 10-2.4(D)(5)(c).

(E)

Floodplains without established base flood elevations. Located within the areas of special flood hazard are streams where no base flood elevation (BFE) data has been provided. The following provisions apply within such areas to any permissible use or any use allowed by variance (in accordance with subsection 7-2.2):

(1)

No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of the stream bank equal to three times the width of the stream at the top of bank or 20 feet each side from top of 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 discharge.

(2)

The BFE used in determining the regulatory flood protection elevation shall be determined based on the following criteria:

(a)

When base flood elevation (BFE) data is available from other sources, all new construction and substantial improvements within such areas shall comply with all applicable provisions of this ordinance and shall be elevated or floodproofed in accordance with subsections 10-2.4(C) and (D).

(b)

When floodway or nonencroachment area data is available for a federal, state, or other source, all new construction and substantial improvements with floodway and nonencroachment areas shall also comply with the requirements of subsections 10-2.4(D) and (F).

(c)

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 subsection 10-2.8 and utilized in implementing this ordinance.

(d)

When base flood elevation data is not available from a federal, state, or other source, the reference level shall be elevated or floodproofed (nonresidential) to or above the regulatory flood protection elevation as defined in subsection 10-2.1. All other applicable provision of subsection 10-2.4(D) shall also apply.

(F)

Floodways and nonencroachment areas. Located within areas of special flood hazard are areas designated as floodways or nonencroachment areas. The floodways and nonencroachment areas are extremely hazardous areas due to the velocity of floodwaters which carry debris and potential projectiles and have erosion potential. The following provisions shall apply within such areas:

(1)

No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless:

(a)

It has been demonstrated that 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 a floodplain development permit; or

(b)

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

(2)

If the requirements of subsection (1)(a) are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section.

(3)

No manufactured homes shall be permitted, except in an existing manufactured home park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring and the elevation standards of subsection 10-2.4(D)(3) are met and the encroachment standards of subsection (1)(a) above.

(G)

Floodplains with base flood elevations but without established floodways or nonencroachment 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 nonencroachment 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:

(1)

Standards of subsections 10-2.4(C) and (D); and

(2)

Until a regulatory floodway or nonencroachment 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.

10-2.5.

Special provisions for subdivisions.

(A)

An applicant for subdivision plat approval shall be informed by the UDO administrator of the use and construction restrictions contained in subsections 10-2.2, 10-2.3, and 10-2.4 if any portion of the land to be subdivided lies within an area of special flood hazard.

(B)

Final plat approval for any subdivision containing land that lies within an area of special flood hazard may not be given unless the plat shows the boundary of the area of special flood hazard and floodway or nonencroachment area boundary and contains, in clearly discernible print, the following statement: "Use of land within an area of special flood hazard is substantially restricted by section 10-2 of the Shelby Unified Development Ordinance".

(C)

Subject to the following sentence, a request for final plat approval for any subdivision may not be granted if:

(1)

The land to be subdivided lies within a zone where residential uses are permissible and it reasonably appears that the subdivision is designed to create residential building lots;

(2)

Any portion of one or more of the proposed lots lies within an area of special flood hazard; and

(3)

It reasonably appears that one or more lots described in subsections (C)(1) and (C)(2) could not practicably be used as a residential building site because of the restrictions set forth in subsections 10-2.2, 10-2.3, and 10-2.4.

The foregoing provision shall not apply if a notice that the proposed lots are not intended for sale as residential building lots is recorded on the final plat, or if the developer otherwise demonstrates to the satisfaction of the authority approving the final plat that the proposed lots are not intended for sale as residential building lots.

(D)

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

(E)

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

(F)

All subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.

(G)

Base flood elevation data shall be provided for subdivision proposals that contain 50 lots or five acres, whichever is less.

10-2.6.

Water supply and sanitary sewer systems in areas of special flood hazard. Whenever any portion of a proposed development is located within an area of special flood hazard or whenever replacement water supply and sewage disposal systems are proposed within an area of special flood hazard, the agency or agencies responsible for certifying to the city the adequacy of the water supply and sewage disposal systems for the development (as set forth in subsection 15-7.4) shall be informed by the developer that a specified area within the development lies within an area of special flood hazard. Thereafter, approval of the proposed system by that agency shall constitute a certification that:

(A)

Such water supply system is designed to minimize or eliminate infiltration of floodwaters into it.

(B)

Such sanitary sewer system is designed to eliminate infiltration of floodwaters into it and discharges from it into floodwaters.

(C)

Any on-site sewage disposal system is located to avoid impairment to it or contamination from it during flooding.

10-2.7.

Permit requirements, certifications, and duties and responsibilities of the UDO administrator.

(A)

The UDO administrator shall serve as the floodplain administrator. The floodplain administrator is hereby appointed to administer and implement the provisions of this ordinance.

(B)

Application requirements. Application for a floodplain development permit shall be made to the UDO administrator prior to any development activities located within special flood hazard areas. The following items shall be presented to the UDO administrator to apply for a floodplain development permit:

(1)

A plot plan drawn to scale which shall include, but shall not be limited to; the following specific details of the proposed floodplain development:

(a)

The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development;

(b)

The boundary of the special flood hazard area as delineated on the FIRM or other flood map as determined in article 3, section B, or a statement that the entire lot is within the special flood hazard area;

(c)

Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in subsection 10-2.8;

(d)

The boundary of the floodway(s) or nonencroachment area(s) as determined in subsection 10-2.8;

(e)

The base flood elevation (BFE) where provided as set forth in subsection 10-2.8; subsection 10-2.7 (E); or subsection 10-2.4 (E);

(f)

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

(g)

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

(2)

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

(a)

Elevation in relation to mean sea level of the proposed reference level (including basement) of all structures;

(b)

Elevation in relation to mean sea level to which any nonresidential structure in zone AE or A will be floodproofed; and

(c)

Elevation in relation to mean sea level to which any proposed utility systems will be elevated or floodproofed.

(3)

If floodproofing, a floodproofing certificate (FEMA Form 81-65) with supporting data, an operational plan, and an inspection and maintenance plan that include, but are not limited to; installation, exercise, and maintenance of floodproofing measures.

(4)

A foundation plan, drawn to scale,, which shall include details of the proposed foundation system to ensure all provisions of this ordinance are met. These 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 automatic equalization of hydrostatic flood forces on walls in accordance with subsection 10-2.4(D)(5)(c) when solid foundation perimeter walls are used in zones A and AE.

(5)

Usage details of any enclosed areas below the lowest floor.

(6)

Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage.

(7)

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

(8)

Documentation for placement of recreational vehicles and/or temporary structures, when applicable, to ensure that the provisions of subsection 10-2.4(D), subsections (4) and (6) of this ordinance are met.

(9)

A description of proposed watercourse alteration or relocation, when applicable, including an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.

(C)

Permit requirements. The floodplain development permit shall include, but not be limited to:

(1)

A description of the development to be permitted under the floodplain development permit.

(2)

The special flood hazard area determination for the proposed development in accordance with available data specified in subsection 10-2.8.

(3)

The regulatory flood protection elevation required for the reference level and all attendant utilities.

(4)

The regulatory flood protection elevation required for the protection of all public utilities.

(5)

All certification submittal requirements with timelines.

(6)

A statement that no fill material or other development shall encroach into the floodway or nonencroachment area of any watercourse, as applicable.

(7)

The flood openings requirements, if in zones A or AE.

(8)

Limitations of below BFE enclosure uses (if applicable), (i.e., parking, building access and limited storage only).

(D)

Certification requirements.

(1)

Elevation certificates:

(a)

An elevation certificate (FEMA Form 81-31) is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the UDO administrator a certification of the elevation of the reference level, in relation to mean sea level. The UDO administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit.

(b)

An elevation certificate (FEMA Form 81-31) is required after the reference level is established. Within seven calendar days of establishment of the reference level elevation, it shall be the duty of the permit holder to submit to the UDO administrator a certification of the elevation of the reference level, in relation to mean sea level. Any work done within the seven day calendar period and prior to submission of the certification shall be at the permit holder's risk. The UDO administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop-work order for the project.

(c)

A final as-built elevation certificate (FEMA Form 81-31) is required after construction is completed and prior to certificate of compliance/occupancy issuance. It shall be the duty of the permit holder to submit to the UDO administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities. The UDO 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 the issuance of a certificate of compliance/occupancy.

(2)

Floodproofing certificate. If nonresidential floodproofing is used to meet the regulatory flood protection elevation requirements, a floodproofing certificate (FEMA Form 81-65), with supporting data, an operational plan, and an inspection and maintenance plan are required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the UDO administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to mean sea level. Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The UDO 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 prior to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a certificate of compliance/occupancy.

(3)

If a manufactured home is placed within zone A or AE and the elevation of the chassis is more than 36 inches in height above grade, an engineered foundation certification is required in accordance with the provisions of subsection 10-2.4(D)(3)(b).

(4)

If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or relocation; a professional engineer's certified report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map showing the location of the proposed watercourse alteration or relocation shall all be submitted by the permit applicant prior to issuance of a floodplain development permit.

(5)

Certification exemptions. The following structures, if located within zone A or AE, are exempt from the elevation/floodproofing certification requirements specified in subsections (D)(1) and (2) of this section:

(a)

Recreational vehicles meeting requirements of subsections (a) and (b) of subsection 10-2.4(D)(4);

(b)

Temporary structures meeting requirements of subsection 10-2.4(D)(6); and

(c)

Accessory structures less than 150 square feet meeting requirements of subsection 10-2.4(D)(6).

(E)

The UDO administrator shall perform, but not be limited to, the following duties:

(1)

Review all floodplain development applications and issue permits for all proposed development within special flood hazard areas to assure that the requirements of this ordinance have been satisfied.

(2)

Review all proposed development within special flood hazard areas to assure that all necessary local, state and federal permits have been received.

(3)

Notify adjacent communities and the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA).

(4)

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

(5)

Prevent encroachments into floodways and nonencroachment areas unless the certification and flood hazard reduction provisions of subsection 10-2.4(F) are met.

(6)

Obtain actual elevation (in relation to mean sea level) of the reference level (including basement) and all attendant utilities of all new and substantially improved structures, in accordance with the provisions of subsection 10-2.7(D).

(7)

Obtain actual elevation (in relation to mean sea level) to which all new and substantially improved structures and utilities have been floodproofed, in accordance with the provisions of subsection 10-2.7(D).

(8)

Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with the provisions of subsection 10-2.7(D).

(9)

When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with the provisions of subsection 10-2.7(D) and subsection 10-2.4(D)(2).

(10)

Where interpretation is needed as to the exact location of boundaries of the special flood hazard areas, floodways, or nonencroachment areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), 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.

(11)

When base flood elevation (BFE) data has not been provided in accordance with the provisions of section 10.28, obtain, review, and reasonably utilize any BFE data, along with floodway data or nonencroachment area data available from a federal, state, or other source, including data developed pursuant to subsection 10-2.4(E)(2)(b), in order to administer the provisions of this ordinance.

(12)

When base flood elevation (BFE) data is provided but no floodway or nonencroachment area data has been provided in accordance with the provisions of subsection 10-2.8, obtain, review, and reasonably utilize any floodway data or nonencroachment area data available from a federal, state, or other source in order to administer the provisions of this ordinance.

(13)

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 (BFE), advise the property owner of the option to apply for a letter of map amendment (LOMA) from FEMA. Maintain a copy of the LOMA issued by FEMA in the floodplain development permit file. ( OPTIONAL )

(14)

Permanently maintain all records that pertain to the administration of this ordinance and make these records available for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, as amended.

(15)

Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the UDO 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 UDO administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action.

(16)

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

(17)

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

(18)

Make periodic inspections throughout the special flood hazard areas within the jurisdiction of the community. The UDO 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.

(19)

Follow through with corrective procedures of section 5-3.

(20)

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

(21)

Maintain a current map repository to include, but not limited to; the FIS report, FIRM and other official flood maps and studies adopted in accordance with the provisions of subsection 10-2.8 of this ordinance, including any revisions thereto including letters of map change, issued by FEMA. Notify state and FEMA of mapping needs.

(22)

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

10-2.8.

Location of boundaries of areas of special flood hazard. As used in section 10-2, the term "areas of special flood hazard" refers in the first instance to certain areas whose boundaries are determined and can be located on the ground by reference to the specific fluvial characteristics set forth in the definitions of this term. This term also refers to overlay zoning districts whose boundaries are those identified under the cooperating technical state (CTS) agreement between the State of North Carolina and FEMA in its flood insurance study (FIS) and its accompanying flood insurance rate map (FIRM), for Cleveland County dated February 20, 2008, which are adopted by reference and declared to be a part of this ordinance, which boundaries are intended to correspond to the actual, physical location of areas of special flood hazard. (These overlay districts thus differ from other zoning districts whose boundaries are established solely according to planning or policy, rather than physical criteria.) Therefore, the floodplain administrator is authorized to make necessary interpretations as to the exact location of the boundaries of areas of special flood hazards if there appears to be a conflict between a mapped boundary and actual field conditions. Such interpretations, like other decisions of the floodplain administrator, may be appealed to the board of adjustment in accordance with the applicable provisions of this ordinance.

The initial flood insurance rate maps are as follows for the jurisdictional areas at the initial date:

Cleveland County Unincorporated Area, dated July 2, 1991.

City of Shelby, dated April 3, 1978.

10-2.9.

Amendments to the official flood hazard zoning and flood insurance rate map; variance procedures.

(A)

Amendments to the official flood hazard zoning and flood insurance rate map:

(1)

All requests for revisions of areas of special flood hazard boundaries and base flood elevations (BFEs) shall be reviewed and approved by the Federal Emergency Management Agency.

(2)

The existing location of any area of special flood hazard as herein above defined may be amended in cases where:

(a)

A flood control project of the federal, state, county or city government has substantially altered the flood hazard;

(b)

Flood data indicates that the boundaries of either of the areas as shown on the official flood insurance rate map are no longer correct; or

(c)

A private individual, corporation, firm or city agency has submitted plans for a channel improvement or relocation requiring an amendment to the official flood insurance rate map.

(B)

Variance procedures. Requests for variances from the flood hazard overlay district requirements shall be reviewed by the board of adjustment in accordance with the procedures outlined in subsection 7-2.2.

10-2.10.

Regulations do not guarantee flood protection. The degree of flood protection required by this ordinance is considered reasonable for regulating purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes.

10-2.11.

Setbacks from streams outside designated areas of special flood hazard. In any area that is located outside a designated area of special flood hazard but where a stream is located, no building or fill may be located within a distance of the stream bank equal to five times the width of the stream at the top of the bank or 20 feet on each side, whichever is greater.

10-2.12.

Effect on rights and liabilities under the existing flood damage prevention ordinance. This ordinance in part comes forward by re-enactment of some of the provisions of the flood damage prevention ordinance enacted November 19, 2001 as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have accrued there under are reserved and may be enforced. The enactment of this ordinance shall not affect any action, suit or proceeding instituted or pending. All provisions of the flood damage prevention ordinance of the City of Shelby enacted on November 19, 2001 as amended, which are not reenacted herein are repealed.

10-2.13.

Effect upon outstanding floodplain development permits. Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development permit has been granted by the floodplain administrator or his or her authorized agents before the time of passage of this ordinance; provided, however, that when construction is not begun under such outstanding permit within a period of six months subsequent to the date of issuance of the outstanding permit, construction or use shall be in conformity with the provisions of this ordinance.

(Ord. No. 1-2006, § 1, 1-9-2006; Ord. No. 6-2008, § 1, 2-18-2008)